Decree 102/2024/NĐ-CP – guiding the Land Law

Pursuant to the Law on Government Organization dated June 19, 2015; the Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Land Law dated January 18, 2024; the Law amending and supplementing certain articles of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, and the Law on Credit Institutions No. 32/2024/QH15 dated June 29, 2024;

Pursuant to the Planning Law dated November 24, 2017; the Law amending and supplementing certain articles of 37 Laws related to planning dated November 20, 2018;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree detailing the implementation of certain articles of the Land Law.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This decree details and guides the implementation of Clause 6, Article 3, Article 9, Clause 2, Article 10, Article 16, Clause 4, Article 22, Point d, Clause 1, Article 28, Clause 3, Article 28, Clause 6, Article 49, Article 65, Clause 2, Article 74, Clause 9, Article 76, Clause 10, Article 76, Article 81, Article 82, Article 84, Article 87, Article 88, Point b, Clause 5, Article 89, Clause 7, Article 89, Article 90, Article 113, Clause 3, Article 115, Clause 6, Article 116, Clause 7, Article 116, Clause 1, Article 122, Point n, Clause 3, Article 124, Clause 8, Article 124, Article 125, Article 126, Article 127, Article 172, Article 181, Article 190, Article 192, Article 193, Article 194, Article 197, Article 200, Article 201, Article 202, Article 203, Article 204, Article 208, Article 210, Article 216, Article 218, Article 219, Article 223, Article 232, Clause 8, Article 234, Clause 7, Article 236, Clause 2, Article 240, Point c, Clause 2, Article 243, Point b, Clause 2, Article 257 of the Land Law.

Article 2. Subjects of application

1. State agencies exercise the powers and responsibilities of representing the ownership of all the people over land, performing the tasks of unified state management of land.

2. Land users as prescribed in Article 4 of the Land Law.

3. Other subjects related to the management and use of land.

Article 3. Individuals directly engaged in agricultural production

Individuals directly engaged in agricultural production are those who have been allocated land, leased land, recognized for the right to use agricultural land by the State; or have received the transfer of the right to use agricultural land and earn income from agricultural production on that land, except for the following cases:

1. Officers, public servants, employees, active-duty officers, professional soldiers, defense officials, defense workers and employees, police officers, non-commissioned officers, police workers, people working in cryptographic work and people working in other positions within cryptographic organizations who are paid from the state budget;

2. People receiving pensions;

3. People on disability leave or who have left work and receive monthly social insurance allowances;

4. Employees with indefinite-term labor contracts.

Article 4. Detailed regulations on types of land in the agricultural land group

1. Annual crop land is land used to grow crops that are sown, harvested, and complete their production cycle within no more than one year, including annual crops that are kept from the previous season. Annual crop land includes rice-growing land and land for other annual crops, specifically as follows:

a) Rice-growing land is land used for planting rice for one crop or more, or for planting rice combined with other legally permitted land use purposes, but with rice planting as the main purpose. Rice-growing land includes specialized rice land and remaining rice land, in which specialized rice land is land planted with two or more rice crops;

b) Other annual crop land is land used to grow annual crops other than rice.

2. Perennial crop land is land used for planting types of crops that are sown once, grow for many years, and can be harvested once or multiple times.

3. Forestry land is land used for the purposes of managing, protecting, and developing special-use forests, protection forests, and production forests in accordance with forestry law, classified specifically as follows:

a) Special-use forest land is land on which there are special-use forests according to the provisions of forestry law, land allocated for the development of special-use forests;

b) Protective forest land is land on which there are protective forests according to the provisions of the forestry law, land that has been allocated for the development of protective forests;

c) Production forest land is land on which there are production forests according to the provisions of the forestry law, land that has been allocated, leased, or converted for the development of production forests.

4. Aquaculture land is land used specifically for the purpose of raising and cultivating aquatic products.

5. Concentrated livestock land is land for building concentrated livestock farms in separate areas according to the provisions of the livestock law.

6. Salt production land is land used for the purpose of producing salt from seawater.

7. Other agricultural land includes:

a) Land for nurseries of seedlings, livestock breeding and land for growing flowers, ornamental plants; land for planting, raising livestock, and aquaculture for the purpose of study, experimental research, or trials;

b) Land for building greenhouses and other types of houses for agricultural and livestock purposes, including forms of cultivation and livestock raising not directly on the land;

c) Land for constructing works associated with agricultural production areas, including land for building rest houses, sheds, and camps to serve workers; land for building facilities to store agricultural products, pesticides, fertilizers, machinery, tools, and other auxiliary works.

Article 5. Detailed regulations on land types within the non-agricultural land group

1. Residential land is land for building houses and other purposes serving life on the same plot of land. Residential land includes rural residential land and urban residential land, specifically as follows:

a) Rural residential land is residential land within the administrative boundaries of a commune, excluding residential land that has been subject to new urban development projects according to the urban and rural planning system but still within the administrative boundaries of the commune;

b) Urban residential land is residential land within the administrative boundaries of wards and townships, and residential land within the administrative boundaries of communes where new urban construction projects have been implemented according to the urban and rural system planning.

2. Land for building agency headquarters is land used for the purpose of constructing headquarters of the Communist Party of Vietnam, state agencies, the Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, and other organizations established according to legal regulations and assigned by the State to perform tasks, with funding provided for regular operations, excluding land for building headquarters of public service units attached to career-related works as stipulated in Clause 4 of this Article.

3. National defense and security land is land used as military bases, workplaces; military bases; national defense defense works, fortifications, and special works on national defense and security; for stations, ports, airports, helicopter landing pads, and facilities serving aviation operations at airports, military and police helicopter landing pads; military and security information facilities; industrial, scientific and technological, cultural, and sports works directly serving national defense and security; warehouses of the people's armed forces; shooting ranges, training grounds, weapons test fields, weapon disposal sites; training facilities, training and professional development centers, convalescence, nursing, recreation, and rehabilitation facilities, medical examination and treatment facilities of the people's armed forces; official housing of the people's armed forces; detention facilities; compulsory education facilities; educational reform schools and labor, rehabilitation, vocational orientation, and vocational training centers for prisoners, detainees, and students managed by the Ministry of National Defense and the Ministry of Public Security.

4. Land for constructing career-related works includes:

a) Land for building cultural facilities is land for constructing cultural works, including conference centers, theaters, cultural houses, cultural centers, cultural palaces, clubs, cinemas, circuses; works with symbolic or artistic significance (outdoor statues, welcome gates, squares, memorial stele, etc.); children's palaces, children's houses, youth activity centers, museums, exhibition halls, libraries, literary creation facilities, art creation facilities, art exhibition houses, headquarters of art troupes, and other cultural works established or allowed to operate by the State;

b) Land for constructing social facilities is land used to build social service works, including centers providing social work services, social protection facilities; centers for medical treatment - education - social labor; rehabilitation centers for beneficiaries of meritorious services; facilities for assisting children; facilities for caring for the elderly, disabled people, and children with special circumstances; facilities for nurturing disadvantaged children; and other social service facilities established or authorized to operate by the State;

c) Land for building medical facilities is land for constructing medical works including hospitals, maternity homes, health centers, medical stations, and other medical examination and treatment facilities; rehabilitation facilities, nursing homes in healthcare; preventive healthcare facilities; population facilities; testing and scientific research facilities in the field of healthcare; land for animal husbandry, land for growing medicinal plants for medical purposes; calibration and inspection facilities; medical examination facilities; forensic examination facilities; drug production facilities; medical equipment production facilities; treatment facilities for people infected with HIV/AIDS, mental patients, and other medical facilities established or permitted to operate by the State; including areas for offices, business, and services such as drug stores, restaurants, guesthouses for patients' families, paid parking lots within the scope of medical facilities, except for medical facilities managed by the Ministry of National Defense and the Ministry of Public Security;

d) Land for educational and training facilities is land used for constructing works serving education and training, including preschool education institutions, general education institutions, continuing education institutions, specialized schools, higher education institutions, vocational education institutions, and other educational and training institutions established or permitted to operate by the State; including areas used for offices, student dormitories, places selling school supplies, restaurants, parking lots, and other functional areas within the scope of the educational and training institutions, except for educational and training institutions managed by the Ministry of National Defense and the Ministry of Public Security;

d) Land for constructing sports and physical exercise facilities is land used to build works serving sports and physical exercise, established or authorized to operate by the State, including sports complexes, training centers, training of athletes, sports centers, stadiums; golf courses of golf clubs, practice ranges within golf courses, and the system of greenery, water surfaces, and landscapes of golf courses, as well as construction items serving the management, operation, exploitation, use, and business of golf courses (excluding lodging facilities and services for golfers); swimming pools and other facilities for training, coaching, and sports competition; areas for offices, ticket counters, souvenir shops, sports equipment shops, parking lots, and other constructions serving sports and physical exercise within the scope of sports facilities; excluding sports and physical exercise facilities managed by the Ministry of National Defense and the Ministry of Public Security.

e) Land for building science and technology facilities is land used for constructing works that serve the scientific, technological, and innovative activities of organizations such as: research, development, and science and technology service organizations; organizations supporting innovative startups; technology incubators, science and technology business incubators; incubators, technical facilities, innovation centers, creative startups; centers supporting creative startups; laboratories; scientific research facilities of science and technology enterprises; science and technology parks; science museums; measurement systems; information infrastructure, science and technology statistics; shared working spaces supporting creative startups; and technical facilities of science, technology, and innovation organizations, as well as other science and technology facilities established or authorized to operate by the State.

g) Land for constructing environmental facilities is land for building structures serving environmental protection activities and biodiversity conservation, including facilities for preventing and responding to environmental incidents, environmental monitoring; facilities for monitoring biodiversity conservation and other environmental protection structures;

h) Land for constructing meteorological and hydrological facilities is land for building structures related to meteorology and hydrology, including meteorological and hydrological stations, climate change monitoring stations, and other meteorological and hydrological structures;

i) Land for constructing diplomatic facilities is land for building diplomatic headquarters, including foreign diplomatic representative agencies (embassies), foreign consular offices (consulates), representative agencies of international organizations in Vietnam, representative offices of foreign diplomatic organizations, non-governmental organizations with diplomatic functions; diplomatic corps facilities managed by the State;

k) Land for the construction of other public service works is land for the construction of public service works according to the provisions of the law that does not fall under the provisions at points a, b, c, d, đ, e, g, h, and i of this clause.

5. Non-agricultural production and business land, including:

a) Industrial park land, industrial cluster land is land for the construction of industrial production works, handicraft works, centralized information technology parks; including worker lodging in industrial parks, service works for industrial production and handicrafts, infrastructure works, and other works within industrial parks, industrial clusters, and centralized information technology parks;

b) Commercial and service land is land used to build business, service, and commercial establishments, as well as other constructions serving business, service, and commerce; accommodation facilities and services for golfers (excluding golf course fairways, practice areas within golf courses, and systems of trees, water surfaces, landscapes, and construction items serving the management, operation, exploitation, use, and business of golf courses); headquarters or representative offices of economic organizations; land for warehouses or storage yards for goods of economic organizations not in production areas; beaches associated with business and service establishments;

c) Land for non-agricultural production facilities is land for constructing industrial, handicraft, and small-scale production works not falling under the case specified in point a of this clause, including offices and other works serving production or workers associated with the production facility; land for yards, warehouses, and yards associated with the production area;

d) Land used for mineral activities is land for exploration, mining, or mining associated with mineral processing, land for constructing works serving mineral activities, including workhouses, rest houses between shifts, and other works serving workers associated with the mineral extraction area and safety corridors in mineral activities that have been licensed or permitted by competent state agencies to operate according to the provisions of the law on minerals, the law on investment, and other relevant laws.

6. Land used for public purposes, including:

a) Traffic construction land is land used to build traffic facilities, including expressways, roads, urban roads, rural roads (including bypass roads, rescue roads, and roads in fields serving the general travel needs of everyone), vehicle stops, passenger pick-up and drop-off points, traffic toll stations, warehouse works, car houses, parking lots; ferry terminals, bus stations, toll stations, rest stops; types of railways, railway stations; tramways; types of bridges and tunnels serving traffic; inland waterway works, maritime works; airports, including land for constructing headquarters of state agencies operating regularly and land for constructing airport infrastructure, take-off and landing areas, and aircraft parking areas; cable car routes and cable car stations; fish ports, dry ports; office buildings, offices, service business facilities in stations, ports, and bus stations; corridors for ensuring the safety of traffic works that require land acquisition for clearance; other structures serving transportation activities and other works, work items according to the provisions of the law on transport;

b) Land for water conservancy works is land used for building dikes, embankments, culverts, dams, spillways, hydraulic tunnels, water supply systems, drainage systems, irrigation and drainage mainly serving agricultural production, including the protection corridors of water conservancy works that require land use; headwater water conservancy works including office buildings, warehouses, production, repair, and maintenance facilities of water conservancy works within the scope of water conservancy projects;

c) Land for water supply and drainage works is land used for building water plants, water pumping stations, various types of tanks, water towers, water supply and drainage lines; water and sludge treatment facilities, including office buildings, warehouses, production, repair, and maintenance facilities for water supply and drainage works outside industrial clusters, industrial zones, concentrated information technology zones, export processing zones, other centralized production and business areas, and other works as prescribed by law;

d) Land for disaster prevention and control works is land used to construct works serving disaster prevention and control tasks, including dike works against flooding, drought, salt intrusion, landslides, subsidence, flash floods, and lightning; storm shelter areas for ships and boats, buildings combining evacuation of people, and other works serving disaster prevention and control;

d) Land with historical - cultural relics, scenic spots, and natural heritage is land with historical - cultural relics, scenic spots, and natural heritage that have been ranked or included by the provincial People's Committee in the inventory list of relics in accordance with the law on cultural heritage;

e) Land for waste treatment works is land for building waste transfer stations; landfills; integrated treatment areas, treatment areas, waste treatment facilities, hazardous waste, including office buildings, warehouses, production facilities, repair, and maintenance of waste treatment works, and other works and work items serving waste treatment in accordance with the law;

g) Land for energy and public lighting projects refers to land used for the construction of power plants and auxiliary works of the power plant; dam works, embankments, and water conveyance systems serving hydroelectric plants; electricity transmission lines and substations; business service facilities, repair, and maintenance within the scope of the power plant; public lighting systems; oil and gas exploitation rigs, facilities serving oil and gas exploitation and processing, petrochemical plants, gas processing plants, biofuel production plants; crude oil storage, storage facilities, gasoline, oil, and gas pumping stations, pipeline systems, safety protection corridors for works to ensure technical safety; business works for services, repair, maintenance within the scope of works serving the exploitation, processing of oil and gas, petrochemical plants, gas processing plants, biofuel production plants, and other works, work items serving energy works, public lighting as prescribed by law;

h) Land for postal, telecommunications, and information technology infrastructure (excluding land for concentrated information technology zones as prescribed in point a, clause 5 of this Article) is land for the construction of houses, stations, antenna poles, cable suspension poles, drains, tanks, cables, troughs, technical tunnels, and other related technical infrastructure works for installing equipment serving telecommunications and the equipment installed there to serve telecommunications; data centers; including safety protection corridors for works to ensure technical safety that must not be used for other purposes; postal delivery operation facilities and postal service points; commune post-office-cultural points; service, repair, and maintenance works within the scope of postal, telecommunications, and information technology works;

i) Land for local markets and wholesale markets is land for building markets according to the provisions of the law on market development and management;

k) Land for public amusement and recreation, and community activities is land for constructing buildings or without buildings but primarily designated for public amusement and recreation activities, including parks, flower gardens, beaches, and areas for other public amusement and recreation, excluding cinemas, circuses, theaters, gaming service facilities; meeting and other activity facilities compatible with the local community's customs and practices.

7. Religious land is land for constructing religious buildings, including: pagodas, churches, chapels, temples, altars, Buddhist meditation halls, statues, steles, and towers belonging to religious institutions; religious training facilities; headquarters of religious organizations, subordinate religious organizations, and other legitimate religious buildings.

8. Religious land is land used to construct religious works, including: communal houses, temples, shrines, small temples, ancestral halls, family churches, statues, towers, steles, and pagodas belonging to religious establishments; temples not regulated in Clause 1, Article 213 of the Land Law, Clause 7 of this Article, and other religious works.

9. Cemetery land, funeral homes, crematoriums; land for ash storage facilities is land used as centralized burial sites, to build funeral homes, crematoriums, ash storage facilities, and other auxiliary works for burial, cremation, and ash storage.

10. Land with specialized water surfaces is land that has water surfaces of hydrological objects such as ponds, lakes, lagoons, backwaters, and rivers, canals, ditches, and streams that have been assigned a purpose but not primarily for aquaculture.

11. Other non-agricultural land includes land with works serving production and business, or land that is allocated, leased, or permitted for a change of land use purpose but has no works and does not fall under the cases stipulated in point c, clause 7, Article 4, and clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Article.

Article 6. Detailed regulations on the type of land in the unused land group

The unused land group is land that has not yet identified a use purpose and has not been allocated or leased, specifically as follows:

1. Land recovered by the State under the provisions of land law that has not been allocated or leased for use but is managed by the commune-level People's Committee or the land fund development organization;

2. Unused flat land is land that has not been used in flat areas in plains, valleys, and plateaus;

3. Unused hilly or mountainous land is land that has not been used on sloping terrain in hills and mountains;

4. Barren rocky mountain land is unused land in the form of rocky mountains on which there are no trees;

5. Unused land with water surface is land with water surface that has not been allocated, leased, or had its land use purpose determined as stipulated in Articles 4 and 5 of this Decree.

Article 7. Determination of land type in cases where there are no documents as prescribed in Clause 1, Article 10 of the Land Law or in cases where the land type determined on issued documents differs from the land classification according to the Land Law or differs from the current land use status.

1. In cases where there are no documents as prescribed in Clause 1, Article 10 of the Land Law, the determination of land type shall be based on the current land use status to determine the land type.

2. In cases where there are documents in accordance with the regulations in Clause 1, Article 10 of the Land Law but the type of land on the documents differs from the land classification under the regulations in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree, the land type shall be determined in accordance with the provisions of Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree.

The determination of specific land types is made during the process of implementing state management contents related to land.

3. In cases where land is being used with documents in accordance with Clause 1, Article 10 of the Land Law, but the type of land on the documents differs from the actual land use, the land type is determined according to those documents, except for the following cases:

a) In the case of having documents according to the provisions at point b, clause 1, Article 10 of the Land Law, where the land has been stably used before October 15, 1993, and the documents show it as agricultural land but it is currently being used for non-agricultural purposes, the type of land is determined according to the current use as stipulated in clause 2, Article 138 of the Land Law;

b) In the case of having documents according to the provisions at point b, clause 1, Article 10 of the Land Law, where the land has been used from October 15, 1993, onwards, and the documents show it as agricultural land but it is currently being used for non-agricultural purposes, the type of land is determined according to the current use as stipulated in clause 3, Article 138 of the Land Law.

Article 8. Land support for ethnic minorities

1. Land support for individuals who are ethnic minorities as stipulated in Clause 3, Article 16 of the Land Law is implemented as follows:

a) In cases where there is no residential land left, residential land shall be allocated or the purpose of land use may be changed from other types of land to residential land; land users are exempt from land use fees for the area within the residential land allocation limit as prescribed by the Provincial People's Committee.

In cases where there is a shortage of residential land compared to the allocated land quota, the land can be converted from other types of land to residential land and the land use fee is waived for the area within the residential land quota;

b) In cases where there is no agricultural land remaining or the agricultural land being used is less than 50% of the local agricultural land allocation, additional agricultural land within the quota may be allocated.

2. Responsibilities of the Commune People's Committee and the District People's Committee in supporting land for individuals who are ethnic minorities:

a) The Commune People's Committee reviews and compiles a list of cases specified in Clause 7, Article 16 of the Land Law and reports to the District People's Committee before October 15th each year;

b) The District People's Committee organizes surveying, determines the area, and recovers land for cases specified in Clause 7, Article 16 of the Land Law, including cases of violations of land policies for ethnic minorities, and cases where the State has allocated or leased land according to the provisions in Clause 3, Article 16 of the Land Law but there is no longer a need to use the land;

c) The district-level People's Committee shall develop a plan to support land for individuals who are ethnic minorities based on the land fund specified in Clause 4, Article 16 of the Land Law. The content of the plan must clearly state the cases eligible for support, the support area, and the form of land support for individuals who are ethnic minorities;

d) The district-level People's Committee shall submit to the provincial-level People's Committee for approval of the land allocation or land lease area to implement the land support policy for individuals who are ethnic minorities in accordance with the actual situation and the local land fund as prescribed in Clause 5, Article 16 of the Land Law.

3. The funding prescribed in Clause 8, Article 16 of the Land Law shall be arranged from local budget sources and other lawful capital sources as prescribed by law. In case the local authority cannot balance the budget on its own, the provincial-level People's Committee shall report to the Ministry of Finance for submission to the Prime Minister for consideration and decision.

Article 9. Regulations on foreign-invested economic organizations receiving the transfer of investment capital in the form of land use rights value

1. A foreign-invested economic organization is allowed to receive the transfer of investment capital in the form of the land use rights value of an economic organization currently using land that was allocated by the State with land use fees, or leased with a one-time payment for the entire lease period, where the land use rights value has already become the charter capital of the economic organization.

2. In the case of receiving the transfer of investment capital in the form of the value of land use rights in border communes, wards, and towns; coastal communes, wards, and towns; islands; or other areas affecting national defense and security, the receipt of the transfer of investment capital in the form of land use rights shall be carried out in accordance with the provisions of investment law and relevant laws.

3. Economic organizations with foreign-invested capital using land by receiving a transfer of investment capital as the value of land use rights in accordance with the provisions of Clause 1 of this Article have the rights and obligations prescribed in Clause 3, Article 41 of the Land Law.

Article 10. Regulations on acquiring land use rights in areas with restricted land access

1. Areas with restricted land access are areas belonging to border communes, wards, and townships; communes, wards, and townships along the coast; islands; and other areas affecting national defense and security as prescribed by investment law and housing law.

2. For investment projects using land by economic organizations with foreign-invested capital or overseas Vietnamese with proposals for the State to allocate or lease land in areas with restricted land access, the opinions of the Ministry of National Defense and the Ministry of Public Security must be obtained. Obtaining the opinions of the Ministry of National Defense and the Ministry of Public Security is carried out in accordance with the provisions of investment law.

3. In the case where an economic organization with foreign investment or a Vietnamese person residing abroad receives the transfer of land use rights as stipulated in point c, clause 1, Article 28 of the Land Law, or an economic organization with foreign investment receives a capital contribution in the form of land use rights as stipulated in point d, clause 1, Article 28 of the Land Law to implement an investment project in an area with restricted land access, the opinions of the Ministry of National Defense and the Ministry of Public Security must be obtained according to the following regulations:

a) The person receiving the transfer of land use rights or the capital contribution in the form of land use rights must submit a written request to the provincial People's Committee where the land is located for permission to receive the transfer or the capital contribution in the area with restricted land access;

b) Within no more than 05 working days from the date of receiving the written request, the provincial People's Committee shall send a document to obtain the opinions of the Ministry of National Defense and the Ministry of Public Security;

c) Within no more than 20 days from the date of receipt of the opinion request document, the Ministry of National Defense and the Ministry of Public Security shall provide written opinions to the Provincial People's Committee.

4. The procedures for land allocation, land lease, land use right transfer, and capital contribution in the form of land use rights shall be conducted in accordance with the provisions of this Decree and the Decree regulating basic land surveys; registration, issuance of land use right certificates, ownership of assets attached to land, and the land information system.

Article 11. Resolving cases of disagreement on administrative unit boundaries

1. In cases where there is no agreement on the boundaries of a provincial-level administrative unit, based on the dossiers and proposals of the relevant provinces and centrally-run cities, the Ministry of Home Affairs shall take the lead, coordinate with relevant agencies to review, and submit to the Government for consideration and decision. In cases where there is no agreement on the boundaries of a district-level or commune-level administrative unit, the People's Committee of the province where the district-level or commune-level administrative unit has no agreed boundaries is responsible for directing the preparation of dossiers and proposals to be submitted to the Ministry of Home Affairs for appraisal and submitted to the Government for consideration and decision.

In cases where the resolution process results in changes to the boundaries of administrative units leading to the need to adjust the boundaries of administrative units at all levels, the adjustment shall be carried out in accordance with the provisions of the Law on Organization of Local Government and the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and the classification of administrative units.

2. The Ministry of Natural Resources and Environment, as the agency responsible for managing land at the provincial and district levels, is responsible for providing necessary documents and coordinating with competent state agencies in the process of resolving and agreeing on administrative unit boundaries.

Article 12. General provisions on the implementation of administrative procedures

1. Agencies receiving dossiers and returning results

a) The One-Stop Division as stipulated by the Provincial People's Committee for receiving dossiers and returning results of administrative procedures at provincial, district, and commune levels;

b) The Land Registration Office;

c) Branches of the Land Registration Office.

2. Methods of submitting dossiers

Organizations and individuals may choose to submit dossiers using the following methods:

a) Submit directly at the agencies prescribed in Clause 1 of this Article;

b) Submit via public postal service;

c) Submit at the location agreed upon between the organization, individual, and the Land Registration Office, Branch of the Land Registration Office;

d) Submit on the National Public Service Portal or the provincial public service portal or the information system for administrative procedure resolution at the ministerial level or the information system for administrative procedure resolution at the provincial level in cases where the dossier does not require submission of the original;

đ) When submitting a dossier under the provisions at points a and c of this clause, the applicant may choose to submit a copy of documents and present the originals for the receiving officer to check and compare, or submit the original documents, or submit copies of documents that have been notarized or certified according to the law on notarization and certification.

In cases where the dossier is submitted by the method stipulated at points b and d of this clause, the submission must be of copies of documents that have been notarized or certified according to the law or must be digitized from the originals.

3. The return of the results of administrative procedure resolution to organizations and individuals must ensure the time for resolving administrative procedures as prescribed in this Decree.

a) In case the dossier is not valid, within a maximum of 02 working days from the date of receiving the dossier, the competent authority must issue a written notice sent to the One-Stop Shop; within no more than 01 working day, the One-Stop Shop shall notify the applicant to supplement and complete the dossier according to regulations;

b) In case of delay in returning the results of dossier resolution according to the prescribed time for administrative procedure resolution, the receiving agency shall send a notice in writing or via electronic method or SMS to the applicant, clearly stating the reason;

c) In the case where the applicant submits copies or digital versions from the originals of documents, upon receiving the results of administrative procedure processing, the applicant must submit the original documents that are part of the dossier as required in cases where submitting the original is required, except for documents such as project approval decisions, investment decisions, investment licenses, and investment certificates.

4. Based on the specific conditions at the local level, the provincial People's Committee shall decide the agency responsible for receiving and returning the results of administrative procedure resolutions in accordance with regulations and the regulations on receiving, circulating files, resolving, returning the results of administrative procedure resolutions, the time for performing the steps in the sequence of administrative procedures regarding land of each relevant agency and unit; the simultaneous implementation of administrative procedures (if any); the interconnection resolution among relevant agencies under the one-stop mechanism ensuring the time prescribed by law; the public disclosure of administrative procedures and the selection of locations for submitting dossiers, ensuring the saving of time and costs for organizations, individuals, and competent agencies in resolving administrative procedures without exceeding the total time for implementing the procedures as prescribed in this Decree.

5. The time for performing administrative procedures prescribed in this Decree is calculated from the date of receipt of a valid dossier, excluding the processing time of the following agencies:

a) The time for resolution by the land management authority regarding the determination of specific land prices as prescribed;

b) The processing time of the competent authority regarding the amount deductible from land use fees and land rent as prescribed;

c) The processing time of the tax authorities for determining land lease prices, land use fees, land rental fees to be paid, exempted, reduced, deferred land use fees, land rental fees, charges, and fees according to regulations;

d) The time for performing financial obligations of the land user;

d) The time the land user agrees to implement the accumulation of agricultural land, contribute land use rights, adjust the land;

e) The time for cadastral surveying of the land plot.

6. For mountainous communes, border areas; islands; areas with difficult socio-economic conditions; areas with particularly difficult socio-economic conditions, the implementation time for each administrative procedure prescribed in this Article is extended by 10 days.

7. The administrative procedure processing agency prescribed in this Decree is responsible for resolving within the time limit it implements and is not responsible for the processing time of administrative procedures at other agencies.

Chapter II. ORGANIZATION OF PUBLIC SERVICES ON LAND

Article 13. Land Registration Office

1. Position and function of the Land Registration Office: The Land Registration Office is an organization that registers land, a public service unit under the agency with provincial-level land management functions; it has the function of performing registration, issuing Certificates of land use rights and ownership of assets attached to land (hereinafter referred to as Certificates), surveying, adjusting, preparing cadastral maps, building, managing, operating and exploiting the land information system, providing public services on land, and supporting other state management tasks on land in the provincial area.

2. Tasks of the Land Registration Office:

a) Perform land registration for land managed by the State, register land use rights and ownership of assets attached to land;

b) Perform registration of changes for land managed by the State, register changes in land use rights and ownership of assets attached to land;

c) Conduct surveying, adjustment, cadastral mapping, extraction of cadastral maps; issue, correct, revoke, cancel certificates, cancel registration results of changes on the certificate;

d) Inspect cadastral map excerpts of land parcels; inspect and certify asset diagrams attached to the land provided by organizations or individuals for registration and issuance of the Certificate;

d) Establish, adjust, update, store, and manage cadastral records; receive and manage the use of Certificate samples in accordance with the law;

e) Update, adjust, synchronize, and exploit land data; develop, manage, and operate the land information system in accordance with the law;

g) Conduct land statistics, land inventory, and prepare maps of current land use;

h) Register measures to secure land use rights, ownership of assets attached to land in accordance with the law;

i) Provide dossiers, maps, information, land data, and assets attached to the land to organizations and individuals in accordance with the law;

k) Collect fees and charges according to legal provisions and revenues from public services related to land as prescribed in Article 154 of the Land Law;

l) Perform services based on functions and tasks suitable to competencies as prescribed by law;

m) Manage civil servants, employees, finances, and assets of the Land Registration Office; implement reporting regimes according to legal provisions on the assigned areas of work.

3. The organizational structure of the Land Registration Office is decided by the competent authority in accordance with the law on public service units and the following provisions:

a) The land registration office has specialized departments and branches of the land registration office. The branches of the land registration office are located in district-level administrative units or in the area.

The branch of the Land Registration Office shall establish specialized departments if it meets the criteria for establishing a department according to the provisions of law; it shall perform the functions, tasks, and powers of the Land Registration Office according to the decision of the competent authority and land law;

b) The land registration office and the branch of the land registration office have legal entity status, their own seal, and can open bank accounts, operating according to the regulations for public service units; they account according to the decision of the provincial People's Committee.

4. The financial revenue sources of the land registration office and the branch of the land registration office include:

a) Funding from the state budget is ensured according to regulations for public service units;

b) Revenue from professional activities includes fees in accordance with the law on fees and charges, revenue from public land services, and other revenue as prescribed by law.

For the procedure of registering and issuing the Certificate, a fee is charged for appraising the application for issuing the Certificate, which includes checking the completeness of the application components, the consistency of information content among the documents within the application components, and the conditions for registration and issuance of the Certificate according to land law; for other tasks in the procedure, service fees are charged according to the public service provision prices issued by the Provincial People's Committee.

5. Operating expenses and the financial autonomy mechanism of the Land Registration Office and its Branches shall be carried out in accordance with the provisions of the law for public service units and other relevant laws.

For activities of updating, adjusting, synchronizing, and exploiting land data; building, managing, and operating the land information system, expenses shall be covered by the local budget and other revenue sources.

6. The Provincial People's Committee shall issue regulations on coordination in performing functions, duties, and powers between the Land Registration Office, its Branches, and the agencies responsible for district-level land management, the District People's Committee, financial agencies, tax agencies, and other related agencies and units, following these principles:

a) Ensure implementation in a synchronized, consistent, thorough, timely, public, and transparent manner;

b) Clearly identify the leading and coordinating agencies or units; the responsibilities and authority of the head of the agency or unit; the content, duration, and method of implementation; the information and reporting regime;

c) Comply with legal regulations; be suitable for the functions, tasks, powers, and organizational operation regulations of each agency or unit.

Article 14. Land Fund Development Center

1. Functions and tasks of the Land Fund Development Center

The Land Fund Development Center is an organization for land fund development, a public non-business unit established by decision of the provincial-level People's Committee under the provincial-level People's Committee. Based on the actual situation in the locality, the provincial-level People's Committee decides to establish the Land Fund Development Center under the district-level People's Committee.

The Land Fund Development Center has legal entity status, its own seal; it is allowed to open accounts to operate in accordance with the provisions of the law.

2. Responsibilities of the Land Fund Development Center

a) Manage the land fund as stipulated in Clause 1, Article 113 of the Land Law;

b) Develop and implement projects to create a land fund for organizing land use right auctions;

c) Develop and implement plans for compensation, support, and resettlement when the State recovers land; develop projects to create a land fund to allocate land for implementing land policies for ethnic minorities; prepare land price tables; determine specific land prices as requested by competent state authorities;

d) Organize the investment in construction to establish and develop resettlement land funds to serve the State's land recovery and local socio-economic development;

đ) Organize the implementation of land use right auctions according to legal regulations;

e) List and organize short-term leases of land plots assigned for management but not yet officially allocated or leased.

g) Provide services in compensation, support, resettlement when the State recovers land and other services in the field of land management;

h) Form joint ventures, associations, and cooperation with economic organizations and individuals to carry out assigned tasks in accordance with laws on the management and use of state assets; provisions of the law on autonomy mechanisms for public service units, and other relevant legal provisions;

i) Sign contracts to hire organizations and individuals as consultants or to perform assigned tasks in accordance with the law;

k) Manage civil servants, employees, finances, and assets belonging to the Land Fund Development Center in accordance with the provisions of the law; implement reporting regimes according to regulations on the assigned areas of work.

3. The organizational structure, apparatus, and autonomy mechanism of the Land Fund Development Center are implemented according to legal regulations for public service units.

4. Financial revenue sources of the Land Fund Development Center:

a) Funds from the state budget allocated according to regulations for public service units;

b) Revenue from professional activities, including:

Funds for organizing the implementation of compensation, support, and resettlement when the State recovers land and funds for managing construction investment projects in accordance with the law.

Funds for managing and exploiting the recovered, established, and developed land fund; funds for managing and exploiting houses and land constructed for resettlement purposes according to the estimates approved by the competent state agency.

Funds from the sale of bidding documents for land use rights, funds from organizing land use rights auctions obtained in accordance with the provisions of law and specific regulations of the Provincial People's Committee.

Profits shared from joint venture and partnership activities; interest from deposits at credit institutions.

Revenues from performing service activities under signed contracts and in accordance with the provisions of law.

Revenue from short-term land lease.

Revenues from other public service activities as prescribed by law;

c) Capital allocated from the state budget, advances from the Land Development Fund or Development Investment Fund, other financial funds entrusted to perform tasks according to the decision of the Provincial People's Committee;

d) Borrowed capital from credit institutions;

đ) Capital from joint ventures and partnerships to implement programs, plans, projects, and proposals approved by competent authorities;

e) Aid sources, sponsorship, and other sources in accordance with the provisions of law.

5. Expenditure items and other contents related to the activities of the Land Fund Development Center shall be carried out in accordance with the provisions of law for public service units and other relevant laws.

6. The provincial-level People's Committee shall promulgate the coordination regulations to implement the functions, tasks, and powers between the provincial-level Land Fund Development Center, the district-level Land Fund Development Center, and agencies responsible for land management, financial agencies, and other relevant local agencies and units in accordance with the principle prescribed in Clause 6, Article 13 of this Decree.

Chapter III. LAND USE PLANNING AND PLAN

Section 1. LAND USE PLANNING AND PLANS AT ALL LEVELS

Article 15. National land use plan

1. The national land use plan includes the following contents:

a) Analyze and evaluate the current status of land use, land use changes in the past 5 years, and the results of implementing the previous national land use plan;

b) Determine the perspectives and objectives of land use to meet socio-economic development goals during the planning period;

c) Identify land use targets in the 5-year national land use plan for paddy land, protection forest land, special-use forest land, production forest land as natural forest, defense land, and security land;

d) Assess the impact of the land use plan on the economy, society, environment, ensuring national defense and security;

d) Solutions and resources for implementing the land use plan include: solutions for soil protection and rehabilitation, environmental protection, adaptation to climate change; identifying resources for implementing the land use plan; solutions for organizing the implementation and monitoring of the land use plan;

e) Preparing the land use plan report including a summary report, and the national land use plan database system.

2. Dossier for submitting the national land use plan for approval

a) Submission proposal for approving the national land use plan;

b) Explanatory report on the national land use plan;

c) Draft Government Resolution approving the national land use plan;

d) Summary report of feedback from agencies, organizations, communities, and individuals on the national land use plan; copies of feedback from ministries, ministerial-level agencies, and relevant localities; report on the receipt and explanation of feedback on the national land use plan.

3. Sequence and procedures for appraisal and approval of the national land use plan

a) The Ministry of Natural Resources and Environment submits to the Prime Minister for the establishment of the Appraisal Council of the national land use plan;

b) The Ministry of Natural Resources and Environment sends the land use plan dossier to the members of the Appraisal Council of the national land use plan to gather opinions;

c) Within no more than 15 days from the date of receiving a valid dossier, the members of the Appraisal Council of the national land use plan send written feedback to the Ministry of Natural Resources and Environment;

d) After collecting feedback, the Chairman of the Council organizes a meeting of the Appraisal Council of the national land use plan;

dd) After the appraisal council meeting, the Ministry of Natural Resources and Environment finalizes the national land use plan dossier and submits it to the Government for approval of the national land use plan.

4. Cases of adjusting the national land use plan are carried out in the same manner as the formulation of the national land use plan prescribed in this Article.

5. The Ministry of Natural Resources and Environment shall regulate the techniques for formulating and adjusting the national land use plan.

Article 16. Requesting Opinions on the National Land Use Plan

The solicitation of opinions on the national land use plan is carried out according to the following provisions:

1. The subjects from whom opinions on the national land use plan are solicited include the Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, and provincial-level People's Committees.

2. The draft national land use plan shall be consulted for opinions, except for contents related to state secrets as prescribed by law.

3. The solicitation of opinions from the Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, and provincial-level People's Committees concerning the national land use plan is conducted as follows:

a) The national land use planning agency sends the dossier on the national land use plan for consultation;

b) Agencies consulted are responsible for responding in writing within 30 days from the date of receipt of the dossier on the land use plan.

4. The national land use planning agency is responsible for compiling, absorbing, and explaining opinions before submitting the national land use plan for appraisal.

Article 17. Organization of preparation and implementation of the national land use plan

1. After the national land use planning is approved, the Ministry of Natural Resources and Environment submits the national land use plan to the Government for approval.

2. After the national land use plan is approved, the Ministry of Natural Resources and Environment shall submit to the Prime Minister the allocation of land use targets for the planning period to provincial-level administrative units, the Ministry of National Defense, and the Ministry of Public Security.

3. The Ministry of Natural Resources and Environment shall inspect and monitor the implementation of land use targets in the national land use plan that have been allocated by the Prime Minister.

4. Provincial People's Committees are responsible for, based on the land use targets allocated by the Prime Minister in the national land use plan, directing the organization of the preparation, adjustment, and implementation of land use planning and plans according to the allocated land use targets.

Article 18. Provincial Land Use Planning

1. Contents of preparing provincial land use planning

a) Analyze and evaluate the natural, economic, social factors, resources, and context of the province, of the region that directly affects the province's land use;

b) Analyze and evaluate the situation of land management and use according to the contents of state management of land stipulated in Article 20 of the Land Law related to provincial land use planning;

c) Analyze and evaluate the current status of land use, land use changes in the past 10 years, the results of implementing the previous land use planning according to land types stipulated in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree;

d) Aggregate and evaluate land quality, land potential, soil pollution, and land degradation based on the results of implementing the contents stipulated in Article 53 and Clause 3, Article 55 of the Land Law in the province;

đ) Determine the viewpoints and objectives of land use during the planning period;

e) Forecast trends in land use changes during the planning period;

g) Land use orientation during the 10-year planning period, with a land use planning vision of 20 to 30 years, associated with spatial planning and land use zoning based on land potential to meet land use needs for socio-economic development; ensuring national defense and security; protecting the environment, preventing and combating natural disasters, and adapting to climate change in the province;

h) Identifying land use indicators by land type, including land use indicators allocated to the provincial level by national land use planning and the area of other land types as stipulated in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree according to provincial land use needs for each district-level administrative unit;

i) Phasing land use planning for each 5-year plan period according to the provisions specified in point h of this clause for each district-level administrative unit;

k) Assess the impact of the land use planning option on the economy, society, environment, and ensure national defense and security;

l) Solutions and resources for implementing land use planning include: measures for land protection and improvement, environmental protection, disaster response, adaptation to climate change; identification of resources for implementing land use planning; solutions for organizing implementation and monitoring the implementation of land use planning.

2. Create maps, build, and update provincial land use planning data into the national land database

a) The map system includes: maps of the current land use at the provincial level, provincial land use planning maps, and thematic maps. Map creation is carried out according to the provisions of the law on map establishment;

b) Develop and update land use planning data including spatial data fields and attribute data.

3. Dossier for approval of provincial land use planning

a) Proposal of the provincial People's Committee;

b) Resolution of the provincial People's Council;

c) Explanatory report on land use planning;

d) System of maps and accompanying data (in paper or digital form);

e) Report on reception and explanation of opinions from the Appraisal Council;

f) Draft Decision of the Prime Minister approving provincial land use planning.

4. Procedures and procedures for appraisal and approval of provincial land use planning

a) The agency in charge of provincial land management completes the provincial land use planning dossier and reports to the provincial People's Committee to submit to the provincial People's Council for approval before the provincial People's Committee submits it to the Ministry of Natural Resources and Environment for appraisal;

b) Within no more than 07 working days from the date of receiving the complete opinion collection dossier, the Ministry of Natural Resources and Environment shall send the provincial land use planning dossier to the members of the provincial land use planning appraisal council to collect opinions;

c) Within no more than 15 days from the date of receiving the opinion collection dossier, the members of the provincial land use planning appraisal council are responsible for sending written opinions to the Ministry of Natural Resources and Environment;

d) Within no more than 10 days from the end of the opinion collection period, the Ministry of Natural Resources and Environment shall organize a meeting of the provincial land use planning appraisal council;

đ) Within no more than 07 working days from the date of the appraisal council meeting, the Ministry of Natural Resources and Environment shall send the land use planning appraisal results notice to the provincial People's Committee;

e) The provincial People's Committee is responsible for absorbing and explaining the opinions of the Appraisal Council, completing the provincial land use planning dossier before the provincial People's Committee submits it to the Prime Minister for approval.

5. In cases of adjustment of provincial land use planning, it shall be carried out in the same manner as the preparation of provincial land use planning specified in this Article.

6. The Ministry of Natural Resources and Environment shall stipulate the technical standards for preparation and adjustment of provincial land use planning.

Article 19. Land use plan of centrally-run cities

1. The content of the land use plan of a centrally-run city, in cases where it is not required to prepare provincial land use planning as provided in Clause 5, Article 65 of the Land Law, includes:

a) Analyze and evaluate the current status of land use, changes in land use over the past 5 years, and the results of implementing the previous land use plan of the centrally governed city according to the land types prescribed in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree;

b) Analyze the objectives and targets for socio-economic development, national defense, security, environmental protection, and infrastructure development during the planning period; based on the approved general plan of the centrally governed city according to the provisions of urban planning law, the medium-term public investment plan, and the ability to attract investment capital to determine land use targets during the planning period;

c) Determine the land use indicators during the 5-year land use planning period of centrally controlled cities for the types of land specified in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree for each district-level administrative unit;

d) Determine the area needed for land use conversion as specified in Clause 1, Article 121 of the Land Law to be implemented during the planning period for each district-level administrative unit;

d) Determine the area of land reclamation from the sea during the planning period for each district-level administrative unit;

e) Determine the area of unused land to be put into use during the planning period for each district-level administrative unit;

g) Develop thematic maps: rice land, protection forest land, special-use forest land, production forest land that is natural forest;

h) Prepare the explanatory report on the land use plan of centrally controlled cities;

i) The product set of the 5-year land use plan of a centrally-affiliated city includes: explanatory report, 5-year land use plan data.

2. Dossier for submission to approve the land use plan for a centrally-affiliated city, including:

a) Submission document of the People's Committee of the centrally-affiliated city;

b) Resolution of the People's Council of the centrally-affiliated city;

c) Explanatory report on the land use plan;

d) System of diagrams and attached data (paper or digital form);

e) Report on reception and explanation of opinions from the Appraisal Council;

e) Draft Decision of the Prime Minister approving the land use plan of the centrally-affiliated city.

3. Procedures and processes for appraisal and approval of the 5-year land use plan of the centrally-affiliated city

a) The agency with land management functions under a centrally-run city shall submit to the People's Committee of the centrally-run city the establishment of the Appraisal Council for the 5-year land use plan of the centrally-run city;

b) Within no more than 5 working days from the date of the decision to establish the Council, the agency with land management functions under the centrally-run city is responsible for sending the land use plan dossier to the members of the Appraisal Council for the land use plan of the centrally-run city for feedback;

c) Within no more than 15 days from the date of receiving a valid dossier, the members of the Appraisal Council for the land use plan of the centrally-run city shall send written comments to the agency with land management functions under the centrally-run city;

d) Within no more than 10 days from the end date of the period for collecting comments, the land management authority of the centrally-run city is responsible for advising the People's Committee of the centrally-run city to organize a meeting of the appraisal council for the land use plan of the centrally-run city;

d) Within no more than 15 days from the date of receiving the notification of the results of the land use plan appraisal, the land management authority of the centrally-run city shall complete the land use plan dossier to report to the People's Committee of the centrally-run city for submission to the People's Council of the centrally-run city for approval before the People's Committee of the centrally-run city submits it to the Prime Minister for approval.

4. Cases of adjusting the land use plan of centrally-run cities shall be carried out in the same manner as the formulation of the land use plan of centrally-run cities as prescribed in this Article.

5. The Ministry of Natural Resources and Environment shall regulate the technical aspects of formulating and adjusting the land use plan of centrally-run cities.

Article 20. District-level land use planning

1. Contents of district-level land use planning

a) Analyze and evaluate natural, economic, social conditions, current environmental status, and climate change affecting land use at the district level;

b) Analyze and evaluate the resources of the district and province directly affecting land use at the district level;

c) Analyze and evaluate current land use, land use fluctuations over the past 10 years, and the results of implementing the previous district-level land use plan according to the types of land prescribed in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree;

d) Analyze and evaluate the situation of land management and use according to the contents of state management of land specified in Article 20 of the Land Law related to district-level land use planning;

d) Determine the viewpoints and objectives for the use of agricultural land groups, non-agricultural land groups, and unused land groups in accordance with socio-economic development goals, land use planning during the planning period; meeting the requirements of socio-economic development, national defense, security, environmental protection, and climate change adaptation;

e) Forecast trends in the restructuring of land use during the planning period;

g) Determine land use indicators by land type, including land use indicators allocated to the district by the provincial land use planning and the remaining land areas specified in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree according to the district-level land use demand for each commune-level administrative unit;

h) Phasing of the 5-year land use plan within the district-level land use planning and preparation of the land use plan for the first year of the planning period according to the contents specified in point g of this clause;

i) Solutions and resources for implementing the land use plan: solutions for land protection, land rehabilitation, environmental protection, disaster response, adaptation to climate change; identification of resources for implementing the land use plan; solutions for organizing implementation and monitoring the implementation of the land use plan.

2. Mapping, developing, and updating district-level land use planning data into the national land database:

a) The map system includes: district-level existing land use maps; district-level land use planning maps. Map development is carried out in accordance with the provisions of the law on map establishment;

b) Developing and updating district-level land use planning data includes spatial data and attribute data.

3. Dossier for the approval of district-level land use planning

a) Proposal of the district-level People's Committee;

b) Resolution of the district-level People's Council;

c) Explanatory report on land use planning;

d) System of maps and accompanying data (in paper or digital form);

c) Report on the reception and explanation of the opinions of the appraisal council;

d) Draft Decision of the provincial People's Committee approving the district-level land use planning.

4. Sequence and procedures for appraising and approving district-level land use planning

a) The agency responsible for district-level land management shall complete the district-level land use planning dossier and report to the district-level People's Committee for submission to the People's Council at the same level for approval before the district-level People's Committee submits it to the provincial-level land management agency for appraisal; for localities without a district-level People's Council, the district-level People's Committee shall submit it to the provincial-level land management agency for appraisal;

b) Within no more than 5 working days from the date of receiving the complete dossier for consultation, the provincial-level land management agency is responsible for sending the land use planning dossier to the appraisal council members for consultation;

c) Within no more than 15 days from the date of receiving the dossier for consultation, the appraisal council members shall send written opinions to the provincial-level land management agency.

d) Within no more than 10 days from the date of the end of the public consultation period, the provincial land management authority is responsible for organizing a meeting of the Appraisal Council and sending a notice of the land use planning appraisal results to the district People's Committee;

d) Within no more than 10 days, the district People's Committee is responsible for receiving and explaining the opinions of the Appraisal Council to complete the land use planning dossier and send it to the provincial land management authority;

e) Within no more than 10 days from the date of receiving a complete and valid dossier, the provincial land management authority shall submit it to the People's Committee of the same level for approval of the district-level land use plan.

5. In case of adjusting the district-level land use plan, it is carried out in the same manner as the preparation of the district-level land use plan specified in this Article.

6. The Ministry of Natural Resources and Environment prescribes the technical regulations on the preparation and adjustment of land use planning at the district level.

Article 21. Annual district-level land use plan

1. The bases, criteria, and contents of the annual district-level land use plan are implemented in accordance with the provisions in Clauses 1, 2, and 3 of Article 67 of the Land Law.

2. The contents prescribed in points b, c, d of Clause 3 and Clause 4 of Article 67 of the Land Law are determined in terms of location, area, and boundaries down to each commune-level administrative unit.

3. Aggregating land use needs in the preparation of the district-level land use plan

a) Works and projects under the provisions of Articles 78 and 79 of the Land Law that are implemented in the planning year but do not yet have documents as prescribed in Clause 4 of Article 67 of the Land Law;

b) For investment projects and cases where individuals change the land use purpose, it must be approved by the competent state authority in accordance with the provisions of clause 1, Article 121 of the Land Law, not falling under the cases specified in clause 5, Article 116 of the Land Law, and cases of land use change from agricultural land to commercial and service land with an area of 0.5 hectares or more must register the land use demand to the commune-level People's Committee, reporting to the district-level People's Committee to be consolidated into the district-level annual land use plan.

4. Determine the area required for land use change according to the provisions of clause 1, Article 121 of the Land Law down to each commune-level administrative unit in the planning year.

5. Determine the solutions to organize the implementation of the annual district-level land use plan.

6. Prepare the district-level annual land use plan map.

a) Annual land use plan map at the district level for areas with works or projects listed in the category of land recovery or land use conversion, shown on the basis of the district land use planning map or the general planning map or the approved detailed planning map according to the law on urban planning;

b) Map or drawing showing the location, boundaries, area, and type of land for the works or projects specified in point a of this clause down to each plot on the cadastral map. In case there is no cadastral map, it shall be used on the basis of the current land use map at the commune level.

7. Dossier for submission for approval of the annual land use plan at the district level

a) Proposal of the district-level People's Committee;

b) Explanatory report on the land use plan;

c) System of tables, diagrams, maps, and attached data (in paper or digital form);

d) Draft Decision of the Provincial People's Committee approving the annual land use plan at the district level.

8. Sequence and procedures for appraising and approving the annual land use plan at the district level

a) The District People's Committee sends the annual land use plan dossier at the district level to the provincial land management authority for appraisal;

b) Within no more than 5 working days from the date of receiving a complete and valid dossier, the provincial land management authority sends the annual land use plan dossier at the district level to the relevant departments and agencies for opinions;

c) Within no more than 15 days from the date of receiving the valid dossier, the departments and agencies are responsible for sending their written opinions to the provincial land management authority;

d) Within no more than 5 working days from the end of the opinion collection period, the provincial land management authority consolidates and sends the appraisal results of the annual district-level land use plan dossier to the District People's Committee to complete the dossier;

d) Based on the annual district-level land use plan dossiers that have been completed, the provincial land management agency submits them to the Provincial People's Committee for approval before December 31 each year.

9. During the implementation of the annual district-level land use plan, based on the actual situation of the locality, the Provincial People's Committee directs the District People's Committee to develop and adjust the annual district-level land use plan. The adjustment of the annual district-level land use plan is carried out in the same manner as the preparation of the annual district-level land use plan prescribed in this Article.

10. The Ministry of Natural Resources and Environment stipulates the techniques for developing and adjusting the annual district-level land use plan.

Section 2. PRINCIPLES, CRITERIA FOR ALLOCATING LAND USE TARGETS, CONDITIONS OF PLANNING CONSULTANCY ORGANIZATIONS

Article 22. Principles and criteria for allocating land use targets

1. Principles for allocating land use targets

a) The allocation of land use quotas ensures the land use needs of various sectors and fields, in accordance with the local land potential; maximizes the efficiency of land resources to achieve socio-economic development goals; ensures national defense and security; protects the environment, prevents natural disasters, and adapts to climate change;

b) Ensures consistency with the land use orientation in the national master plan, the national land use plan, and relevant national sectoral plans;

c) The allocation of land use targets ensures compatibility with land conditions, investment resources, labor, and technical infrastructure of each locality;

d) Prioritize land funds that meet the requirements for developing a synchronized infrastructure system, ensuring connection of cross-sectoral and inter-regional development spaces, economic corridors, and the country’s development driving regions; land funds that meet the demand for education, healthcare, social, cultural, sports development, social housing, and housing for the people’s armed forces;

đ) The allocation of planning and land use targets is based on reviewing the results of implementing land use planning and plans from the previous period or the results of urban planning implementation for areas that do not require land use planning, as well as guiding land use for the next phase.

2. Criteria for allocating national land use targets to localities

a) For rice-growing land, it is determined based on the current status, land use changes, the results of implementing land use planning indicators from the previous period; the socio-economic development orientation suitable to the potential and advantages of each locality; ensuring the preservation of rice-growing land in areas with high productivity and quality; areas with land potential and advantages for rice cultivation; the demand for converting rice-growing land to non-agricultural purposes and other purposes;

b) For protection forest land, special-use forest land, and production forest land that is natural forest, it is determined based on the national forestry plan, forestry development strategy, environmental protection planning, overall biodiversity conservation planning; the current status and changes in land use, results of achieving forestry land use planning targets in the previous period; the capacity and resources to exploit unused land for forestry purposes (afforestation, enclosure for regeneration); the demand to convert forestry land to non-agricultural purposes and other purposes;

c) For national defense land and security land, it is determined based on the current use of national defense land and security land; the land use needs to ensure the objectives of national defense and security; the national defense and security land use indicators approved by the National Assembly; the national defense land use needs proposed by the Ministry of National Defense, and the security land use needs proposed by the Ministry of Public Security for each locality.

3. Criteria for allocating indicators in provincial land use planning to district-level land use planning

a) For rice land and other annual crop land: in addition to the criteria specified in point a, clause 2 of this Article, it is also determined based on the land use orientation in the provincial planning; the land use needs, the ability to shift the structure of agricultural land use suitable to the socio-economic development situation of each locality;

b) For protection forest land, special-use forest land, production forest land, and perennial crop land: in addition to the criteria stipulated in point b, clause 2 of this Article, they are also determined based on the land use orientation in the provincial planning; the current status, advantages, potential, orientation for perennial crop development associated with the region's development chain, local advantages; requirements on forest coverage ratio;

c) For defense land and security land: in addition to the criteria stipulated in point c, clause 2 of this Article, it is also determined based on the land use orientation in the provincial planning; the current state of use of defense land and security land, the demand for land use, the ability to allocate land fund for defense and security purposes of the locality in accordance with the approved defense land use plan and security land use plan;

d) For concentrated livestock land, it is determined based on the current status and changes in land use; the results of achieving land use targets in the previous planning period; land use orientation in the provincial planning; livestock development strategy; project for developing disease-safe livestock areas; land demand for the development of concentrated livestock farming;

d) For aquaculture land, it is determined based on the current status, land use changes; the results of land use targets in the previous planning period; land use orientations in the provincial planning; plans for the protection and exploitation of aquatic resources; advantages and potential of land for aquaculture; demand for aquaculture land;

e) For salt production land, it is determined based on the current status, land use changes; the results of land use targets in the previous planning period; land use orientations in the provincial planning; the development project of the salt industry; demand for land for salt production;

g) For residential land in rural areas and residential land in urban areas, determination is based on the national housing development strategy, housing development programs in accordance with the provisions of housing law; the current status of urban and rural residential land use; land use norms; construction standards; land allocation limits; population size forecasts, urbanization rate; real estate market development; results of land use indicators in the previous planning period; land use orientation in the provincial plan; development orientation of the urban and rural system suitable to the potential and advantages of each locality;

h) For land used to construct agency headquarters, it is determined based on the current status, land use changes; land use needs, the results of achieving land use targets in the previous planning period; land use orientation in the provincial planning; land use norms; sectoral orientations and planning; national technical standards for construction planning and urban planning;

i) For land used to construct public service works, it is determined based on the current status, land use changes; land use needs, the results of achieving land use targets in the previous planning period; land use orientation in the provincial planning; land use norms; sectoral orientations and planning, national technical standards for construction planning;

k) For industrial park land, it is determined based on the current status, land use changes, the results of land use targets in the previous planning period; land use orientation in the provincial planning; demand and capacity for industrial development; the occupancy rate of the industrial park according to the provisions of the law on industrial parks;

l) For land in industrial clusters, it is determined based on the current status, changes in land use; land use demand, results of land use targets in the previous planning period; development orientation of industrial clusters; land use orientation in the provincial planning; demand, development capacity, and occupancy rate of industrial clusters;

m) For land used for mineral activities, it is determined based on the current status, changes in land use; land use demand, results of land use targets in the previous planning period; land use orientation in the provincial planning; mineral strategy and planning; plans for protection, exploration, exploitation, and use of minerals;

n) For commercial, service, and non-agricultural production land, it is determined based on the current status, changes in land use; land use demand, results of implementing land use criteria in the previous planning period; land use orientation in the provincial planning; national technical standards for construction planning;

o) For land used for public purposes, it is determined based on the current status, changes in land use; results of implementing land use criteria in the previous planning period; land use orientation in the provincial planning; national technical standards for construction planning, classification of construction works according to specialized law regulations; land use norms according to land law and specialized law regulations;

p) For religious land, belief land, cemetery land, funeral homes, cremation facilities, and land for storing ashes, it is determined based on the current status, land use fluctuations; the results of the previous planning period's land use targets; land use orientation in the provincial planning; and land use norms according to the provisions of land law and specialized laws;

q) For land with specialized water surface use, and other non-agricultural land, it is determined based on the current status, land use changes; land use demand, results of land use indicators in the previous planning period; land use orientation in the provincial plan; legal regulations, standards, industry norms related to works associated with water surface use, civil works; the ability to exploit for aquaculture purposes, hydropower and irrigation projects; requirements for national defense and security, disaster prevention, and climate change response.

Article 23. Consulting on national land use planning, provincial land use planning and plan, district-level land use planning, annual district-level land use plan.

1. Conditions for organizations providing consulting on national land use planning, provincial land use plans, district land use planning, and annual district land use plans

a) The organization providing consultancy for the national land use planning must have at least 01 consulting expert meeting one of the conditions specified in points a, b, c, and d of clause 2 of this Article and at least 05 consulting experts meeting one of the conditions specified in points đ, e, g, and h of clause 2 of this Article;

b) The organization providing consultancy for provincial-level land use planning and planning must have at least 01 consultant meeting one of the conditions specified in points a and b, clause 3 of this Article and at least 05 consultants meeting one of the conditions specified in points c, d, đ, e, and g, clause 3 of this Article;

c) The organization providing consultancy for district-level land use planning and annual land use planning at the district level must have at least 01 consultant meeting the condition specified in point a, clause 4 of this Article and at least 05 consultants meeting one of the conditions specified in clauses b, c, d, đ, and e, clause 4 of this Article.

2. The expert consultant leading the national land use planning project must have a university degree or higher in a field related to land management, have worked in the field of land use planning and other related sectoral planning for at least 9 years, and meet one of the following conditions:

a) Has led the preparation of at least one national land use plan or national land use plan;

b) Has led the preparation of at least one provincial land use plan;

c) Has led the preparation of at least one provincial land use plan;

d) Has led at least three land allocation and zoning proposals for each district-level administrative unit within the provincial planning;

e) Has directly participated in the preparation of at least two national land use plans;

f) Has directly participated in the preparation of at least two national land use plans;

g) Has directly participated in the preparation of at least five provincial land use plans;

h) Has directly participated in developing at least 05 provincial land use plans.

3. The expert consultant in charge of creating provincial land use plans and schemes must have a university degree or higher in a field related to land management, have worked in the field of land use planning, land use plans, and other related specialized plans for at least 6 years, and meet one of the following conditions:

a) Has led the development of at least 03 district-level land use plans;

b) Has led the development of at least 03 annual district-level land use plans;

c) Has directly participated in developing at least 05 provincial land use plans;

d) Has directly participated in developing at least 05 provincial land use schemes;

đ) Has directly participated in developing at least 05 district-level land use plans;

e) Has directly participated in developing at least 05 annual district-level land use plans;

g) Meets one of the conditions specified in Clause 2 of this Article.

4. A consulting expert who leads the preparation of district-level land use planning and annual district-level land use plans must have a university degree or higher in a discipline related to land management, have at least 3 years of work experience in the field of planning, land use planning, and other related specialized plans, and meet one of the following conditions:

a) Has led the preparation of at least 03 annual district-level land use plans;

b) Has directly participated in the preparation of at least 02 provincial-level land use plans;

c) Has directly participated in the preparation of at least 02 provincial-level land use plans;

d) Has directly participated in the preparation of at least 05 district-level land use plans;

đ) Has directly participated in the preparation of at least 05 annual district-level land use plans;

e) Meets one of the conditions stipulated in clauses 2 and 3 of this Article.

5. The selection of consulting organizations for preparing the national land use planning, provincial land use plans, district land use plans, and annual district land use plans shall be conducted according to the forms of contractor selection specified in the Law on Bidding; tasks may be assigned or ordered in accordance with regulations on assigning tasks or ordering the provision of public products and services using the state budget.

Article 24. Responsibilities of consulting organizations in preparing the national land use planning, provincial land use plans, district land use plans, and annual district land use plans

1. They are responsible before the law and the authorities in charge of preparing national land use planning, provincial land use plans, district land use plans, and annual district land use plans regarding the quantity, completion schedule, and quality of the products.

2. Coordinate with relevant agencies and organizations in the process of drafting the national land use plan, provincial land use plans, district land use master plans, and annual district land use plans.

3. Study and propose methods and approaches to determine land use indicators, and solutions for implementation in drafting the national land use plan, provincial land use plans, district land use master plans, and annual district land use plans.

Chapter IV. LAND RECOVERY AND LAND REQUISITION

Section 1. LAND RECOVERY FOR NATIONAL DEFENSE AND SECURITY PURPOSES; LAND RECOVERY FOR ECONOMIC AND SOCIAL DEVELOPMENT FOR NATIONAL AND PUBLIC INTEREST

Article 25. Recovery of land for national defense and security to implement socio-economic development projects as stipulated in Clause 1, Article 84 of the Land Law.

1. The provincial-level People's Committee where the land is to be recovered, as prescribed in Clause 1, Article 84 of the Land Law, shall send a document to obtain the opinion of the Minister of National Defense or the Minister of Public Security, attached with the dossier or a copy of the dossier on the investment project that requires the recovery of land for national defense and security purposes to develop the socio-economic sector, along with the proposed timeline for land recovery.

For cases where the recovered land is handed over to the local authority to implement housing projects for the People's Armed Forces, the Ministry of National Defense and the Ministry of Public Security shall take the lead in proposing investment policies, ensuring housing policies for subjects belonging to the People's Armed Forces.

2. Within 30 days from the date of receiving the document specified in Clause 1 of this Article, the Minister of National Defense or the Minister of Public Security shall provide a written opinion on the land recovery.

3. Based on the consensus of the Minister of Defense or the Minister of Public Security, the provincial People's Committee directs the district People's Committee to carry out land recovery in accordance with the provisions of law.

Article 26. Land recovery for the implementation of national defense and security tasks as specified in Clause 2, Article 84 of the Land Law

1. The Minister of Defense or the Minister of Public Security shall send a document to seek the opinion of the Ministry of Natural Resources and Environment, and the provincial People's Committee where the land is to be recovered regarding the land recovery for the implementation of national defense and security tasks that are not yet in the national defense land use plan or the security land use plan, along with the file or a copy of the file on the investment project requiring land recovery to perform national defense and security tasks and the expected time for land recovery.

2. Within 30 days from the date of receipt of the document specified in Clause 1 of this Article, the Ministry of Natural Resources and Environment and the Provincial People's Committee where the land is to be recovered shall give written opinions on the land recovery.

3. After receiving written opinions from the Ministry of Natural Resources and Environment and the Provincial People's Committee where the land is to be recovered, the Minister of National Defense or the Minister of Public Security shall report to the Prime Minister for consideration and approval of the land recovery.

4. Based on the opinion of the Prime Minister, the Ministry of National Defense and the Ministry of Public Security shall coordinate with the Provincial People's Committee where the land is to be recovered to direct the District People's Committee to implement the land recovery in accordance with the regulations of the Land Law.

Article 27. Regulations for cases of national defense and security land recovery as prescribed in Clause 3, Article 84 of the Land Law

1. The approval for land recovery prescribed at point a, Clause 3, Article 84 of the Land Law shall be implemented as follows:

a) In the case where the project is implemented within the territory of a single provincial-level administrative unit, the People's Committee of the province where the land is being recovered shall send a document along with the approved investment project for the Prime Minister to consider and approve the land recovery;

b) In the case where the project is implemented in the territory of two or more provincial-level administrative units, the ministry, agency, or unit assigned as the project investor shall send a document along with the approved investment project for the Prime Minister to consider and approve the land recovery;

2. The approval of the recovery of land and assets attached to the land as stipulated in point c, clause 3, Article 84 of the Land Law is carried out as follows:

a) The People's Committee of the province where the land is being recovered shall send a document to obtain the opinion of the Minister of National Defense or the Minister of Public Security along with the dossier or a copy of the dossier on the investment project that requires the recovery of land for national defense and security purposes;

b) Within 30 days from the date of receipt of the document specified in point a of this clause, the Minister of National Defense or the Minister of Public Security shall provide written comments on the land and attached assets recovery;

c) After receiving the comments of the Minister of National Defense or the Minister of Public Security, the provincial-level People's Committee where the land is located shall submit a written report to the Prime Minister for consideration and approval of the land and attached assets recovery;

d) Based on the written approval of the Prime Minister, the provincial-level People's Committee where the land is located shall direct the state management agency of investment to submit to the competent authority a decision on investment in accordance with the law on public investment and the law on investment under the public-private partnership form;

đ) Based on the investment project that has been approved as stipulated in point d of this clause, the competent People's Committee shall carry out land recovery according to the regulations.

Article 28. Procedures and processes for compensation, support, resettlement, and land recovery for national defense and security purposes; socio-economic development for the national and public interest

1. Within 10 days from the date of receiving the document attached with the project dossier sent by the investor, the unit or organization responsible for carrying out compensation, support, and resettlement shall take the lead, in coordination with relevant agencies, to review the grounds and conditions for land recovery stipulated in Article 80 of the Land Law in order to develop a land recovery plan, including the following contents:

a) Summary introduction information about the project, including: project name, investor, location, area, project objectives, implementation schedule, legal basis, and other information;

b) Organizing meetings with landowners in the area to disseminate information and receive feedback;

c) Notification of land acquisition;

d) Investigation, surveying, and measurement;

đ) Preparation, appraisal, approval, and public disclosure of compensation, support, and resettlement plans;

e) Implementation of compensation, support, and resettlement plans;

g) Implementation of the land acquisition decision;

h) Handover of acquired land fund to the investor or management of the acquired land fund;

i) Some other related contents;

k) Estimated implementation time; assignment of organizations and units responsible for the contents in the land acquisition plan.

2. Land recovery for national defense and security purposes; socio-economic development for the national and public interest shall be carried out according to the procedures and formalities specified in Article 87 of the Land Law. The decision on compulsory inventory shall follow Form No. 01a; the decision on forced compulsory inventory shall follow Form No. 01b; the decision on land recovery shall follow Form No. 01c; the decision on forced land recovery shall follow Form No. 01d as specified in the Appendix issued together with this Decree.

Article 29. Detailed regulations on the procedures and formalities for land requisition

1. The decision on land requisition and the document confirming the land requisition shall include the following main contents:

a) Full name, title, and the unit of the person deciding on the land requisition;

b) Name and address of the person whose land is requisitioned or the person currently managing or using the requisitioned land;

c) Name and address of the organization, full names, and addresses of the individuals assigned to use the requisitioned land;

d) Purpose and duration of the land requisition;

d) Location, area, type of land, assets attached to the requisitioned land;

e) Time of handover of the requisitioned land.

2. The return of requisitioned land to the land user when the land requisition period ends shall be conducted according to the following regulations:

a) The competent authority deciding on land requisition shall issue a decision on the return of requisitioned land and send it to the person with requisitioned land;

b) In case the person with requisitioned land voluntarily donates it to the State, the procedure for donating land use rights shall be carried out in accordance with the law.

3. The responsibility for determining the compensation for damages caused by the implementation of land requisition shall follow the following regulations:

a) The Chairman of the District People's Committee where the requisitioned land is located shall be responsible for determining the compensation for damages caused by the implementation of land requisition, except for the case specified in point b of this clause;

b) The Chairman of the Provincial People's Committee where the land is requisitioned is responsible for determining the level of compensation for damages caused by the implementation of land requisition in cases where the requisitioned land belongs to the territory of two or more district-level administrative units.

4. The composition of the Council for determining the level of compensation for damages caused by the implementation of land requisition includes:

a) The Chairman or Vice Chairman of the People's Committee as the Chairman of the Council;

b) Members from agencies responsible for land management, finance, and other related members;

c) Representatives of the agency of the authority issuing the land requisition decision;

d) Representatives of the district-level People's Court and People's Procuracy where the land is located;

e) Representatives of the commune-level Vietnam Fatherland Front;

f) The person whose land is requisitioned or the representative of the person whose land is requisitioned.

Section 2. LAND RECOVERY DUE TO VIOLATIONS OF LAND LAWS

Article 30. Land recovery for land users who do not fulfill financial obligations to the State

Land recovery for land users who do not fulfill financial obligations to the State is carried out as follows:

1. Land users who do not fulfill financial obligations to the State as stipulated in Clause 6, Article 81 of the Land Law are cases where land users fail to perform or incompletely perform the obligations of paying land use fees or land rent, and have been subjected by competent state authorities to enforcement of financial obligations according to the provisions of tax administration law but do not comply, then the tax authority shall issue a written request for land recovery.

2. The tax authority is responsible for sending a notice of the case specified in clause 1 of this Article along with the related documents to the agency in charge of land management in order to carry out procedures for submitting to the competent authority for land recovery. The order and procedures for land recovery shall be implemented in accordance with the provisions of Article 32 of this Decree.

Article 31. Provisions on cases of force majeure to be applied in handling the cases specified in clauses 6, 7, and 8 of Article 81 of the Land Law

1. Cases of force majeure to be applied in handling the cases specified in clauses 6, 7, and 8 of Article 81 of the Land Law are events of force majeure and objective obstacles as stipulated by civil law that directly affect the use of land, including:

a) Natural disasters, environmental catastrophes;

b) Fire, epidemics;

c) War, state of emergency for defense and security;

d) Other cases as prescribed by the law on emergency situations;

d) Cases where a competent state agency applies temporary emergency measures, seizes, or freezes the right to use land and assets attached to the land in accordance with the law, and afterward the land user is allowed to continue using the land;

e) Administrative decisions or administrative acts of competent state agencies that are objective obstacles, not due to the fault of the land user, directly affecting the use of land;

g) Other cases decided by the Prime Minister based on the proposal of the provincial People's Committee or the minister of the specialized management ministry.

2. The time point for calculating the extension of no more than 24 months for cases of not putting the land into use or delay in land use progress is regulated as follows:

a) In the case where an investment project does not put the land into use within 12 consecutive months from the date of receiving the land on site, the investor is allowed to extend land use for no more than 24 months from the start of the 13th month counting from the date of receiving the land on site;

b) In the case where an investment project is delayed in land use by 24 months compared to the progress stated in the investment project from the date of receiving the land on site, the time to calculate the 24-month land use extension is counted from the start of the 25th month from the time the construction investment must be completed.

In the case where the project is allocated land or leased land according to a schedule, the extension of land use for no more than 24 months applies to each portion of that land; the time to calculate the extension of land use for no more than 24 months is counted from the start of the 25th month from the time when the construction investment must be completed on that portion of land.

c) In the case where, at the time of inspection, the inspection authority determines that the land has not been used for more than 12 consecutive months or the land use progress has been delayed for more than 24 months, the period for calculating the land use extension shall not exceed 24 months from the date the competent authority grants the land or leases the land and decides on the extension. The competent authority's decision to extend the land use period shall be issued within 30 days from the date of receiving the inspection report or inspection conclusion if the land user submits a written request.

The decision to extend the land use period must clearly specify the area of the project where the land has not been used, the area where land use is delayed, and it must be sent to the tax authority to collect land use fees and land rent for the extended period.

d) Land users who have not used the land for more than 12 months or have delayed the land use progress for more than 24 months and have the need to extend the land use schedule must have a written request submitted to the competent People's Committee that allocated or leased the land for consideration and decision on the extension.

In the case that 15 days have passed from the date the state agency issues a document determining the violation and the land user does not have a document requesting an extension, the competent People's Committee in charge of land allocation or land lease shall decide to recover the land in accordance with regulations;

d) The determination of land use fees and land lease fees for the period extended for land use progress as prescribed in Clause 8, Article 81 of the Land Law shall be carried out in accordance with the Government's regulations on land use fees and land lease fees.

3. The provincial-level People's Committee is responsible for organizing the review, handling, and publicly announcing on the provincial People's Committee's electronic information portal the investment projects that have not put land into use for 12 consecutive months or have delayed land use for 24 months compared to the schedule stated in the investment project; projects that have been extended; projects that are delayed in land use due to force majeure; and for providing information for public disclosure on the electronic information portal of the Ministry of Natural Resources and Environment or the competent land management agency under the Ministry of Natural Resources and Environment.

4. The time affected in cases of force majeure is not counted as time of land non-use or delay in land use progress according to the provisions in Clause 8, Article 81 of the Land Law.

The Chairman of the Provincial People's Committee, based on the provisions regarding cases of force majeure in law and the actual implementation of investment projects, shall determine the period affected by force majeure for projects located within the territory of one provincial-level administrative unit. In the case of a project located in the territory of two or more provincial-level administrative units, based on the proposal of the relevant Provincial People's Committee Chairman, the Minister of Natural Resources and Environment shall consider and decide; if necessary, opinions from relevant ministries and sectors should be sought.

Article 32. Procedures for land recovery due to violations of land law

1. Conditions for land recovery due to violations of land law are stipulated in Article 81 of the Land Law.

a) In cases where the act of violation must be subject to administrative penalties, within 30 days from the date of receiving the document from the authority, the person authorized to impose administrative penalties regarding the recommendation to recover land due to the continued violation by the land user, the competent land management agency shall submit to the state management agency with the authority to recover land as prescribed in Article 83 of the Land Law;

b) For violations that are not subject to administrative penalties, the land recovery shall be carried out after receiving the conclusion from the competent inspection or inspection agency regarding the case that requires land recovery.

2. After receiving the documents and materials from the authority prescribed in Clause 1 of this Article, within 30 days, the competent land management agency shall prepare the land recovery dossier and submit it to the People's Committee with the authority to recover land. The dossier includes:

a) The proposal for land recovery;

b) Draft Decision on land recovery according to Form No. 01d in the Appendix issued with this Decree;

c) Documents sent by the competent state agency as prescribed in clause 1 of this Article.

3. Within 10 days from the date of receiving the dossier, the competent People's Committee shall be responsible for notifying the land recovery to the person whose land is recovered, the owner of assets attached to the land, and the persons with related rights and obligations (if any). Persons whose land is recovered, owners of assets attached to the land, and persons with related rights and obligations are responsible for handling the assets on the land within the time limit specified in the land recovery notice from the date of receiving the land recovery notice, but not exceeding 45 days, except in cases prescribed in point b, clause 7 of this Article.

4. Within 15 days from the end of the land recovery notice period specified in Clause 3 of this Article, the competent People's Committee is responsible for issuing a land recovery decision and directing the organization of the implementation of the land recovery decision. In case the land user does not comply, the land recovery decision shall be enforced coercively.

5. Responsibilities of the person whose land is recovered

a) Comply with the land recovery decision;

b) Carry out the handover of land, documents on land use rights to the agency or competent person specified in the land recovery decision.

6. Responsibilities of the competent People's Committee

a) Notify the land user of the land recovery and post it on the portal or electronic information page of the provincial or district People's Committee;

b) Direct the handling of the remaining value of the investment in the land or attached assets (if any) in accordance with the provisions of law;

c) Direct the district-level People's Committee to organize the enforcement of land recovery decisions in accordance with the provisions of Article 39 of this Decree;

d) Allocate funds to carry out the enforcement of land recovery.

7. Handling of assets on the land, remaining value of assets of the landholder whose land is recovered

a) In the case of land recovery under the provisions of clause 6, Article 81 of the Land Law, the land use fees obtained from auctioning the land use rights and assets attached to the land (if any), after deducting enforcement costs and auction organization costs as prescribed, shall be submitted to the State budget to fulfill the financial obligations of the land user, and the remaining amount shall be reimbursed to the landholder whose land is recovered and the owner of assets attached to the recovered land;

b) In the case of land recovery as prescribed in Clause 7, Article 81 of the Land Law, within 12 months from the date of the land recovery decision as prescribed, the owner of assets attached to the recovered land is allowed to sell the assets in accordance with the law. When the above-mentioned period expires, if the user of the recovered land does not manage to sell their attached assets, the State shall not compensate for the assets attached to the land. The asset owner must dismantle the assets themselves and return the land to the State within the timeframe specified in the land recovery decision; if not, the competent state authority has the power to enforce the land recovery in accordance with regulations.

In the case where an investor acquires assets attached to land from a person whose land is recovered, the State shall allocate land or lease land in accordance with the provisions of the law.

Section 3. LAND RECOVERY DUE TO TERMINATION OF LAND USE ACCORDING TO THE LAW, VOLUNTARY RETURN OF LAND, OR RISK THREATENING HUMAN LIFE

Article 33. Land recovery in cases specified in Clauses 1, 2, and 3 of Article 82 of the Land Law

1. Within 30 days from the date of receiving the document specified in points a, b, d, đ, e, and g of Clause 5, Article 82 of the Land Law, the land management authority shall submit to the competent state authority for land recovery. In case of recovery under the provision of point c, Clause 1, Article 82 of the Land Law, it shall be carried out in accordance with Clause 4, Article 172 of the Land Law.

2. The responsibilities of the landholder whose land is to be recovered shall be implemented in accordance with Clause 5, Article 32 of this Decree.

3. The responsibilities of the competent People's Committee shall be implemented in accordance with Clause 6, Article 32 of this Decree.

Article 34. Land recovery according to the provision of Clause 1, Article 48 of the Land Law

1. The People's Committee at the commune level where the land is located, upon detecting that the land user is an ethnic minority person falling under the case where land must be reclaimed under the provisions of Clause 1, Article 48 of the Land Law, shall send a document to the agency competent in land management.

2. Within 20 days from the date of receiving the document from the commune-level People's Committee, the agency competent in land management shall complete the dossier and submit it to the competent People's Committee for land recovery in accordance with the provisions of law.

3. Within 10 days from the date of the land reclamation decision, the agency competent in land management shall submit to the competent authority to establish an Asset Valuation Council to determine the value of assets attached to the land and compensate the person whose land is reclaimed or the inheritor.

4. The determination of the value of assets attached to land for compensation as stipulated in Clause 3 of this Article is carried out as in the case of land recovery by the State as prescribed in Articles 78 and 79 of the Land Law. Compensation funds are used from the State budget allocated for the implementation of land policies for ethnic minority communities.

Article 35. Handling assets attached to land in cases of land recovery under points a, d, and đ of Clause 1 and Clause 2 of Article 82 of the Land Law

1. In the case specified in point a, Clause 1 of Article 82 of the Land Law, handling is as follows:

a) For assets attached to land that are public assets of agencies or public non-business units, they shall be transferred to the land fund development organization to manage, exploit, and develop in accordance with the provisions in point c, Clause 1 of Article 113 of the Land Law;

b) For assets attached to land that are owned by the enterprise, the handling of these assets shall be carried out in accordance with the provisions of the law on dissolution and bankruptcy. Organizations and individuals who receive assets attached to land after the handling in accordance with the law on dissolution and bankruptcy shall be allocated or leased land by the State to implement projects in accordance with the law.

2. In the case of land recovery due to the termination of an investment project as stipulated in Point d, Clause 1, Article 82 of the Land Law, the handling is as follows:

a) The investor is allowed to continue using the land for 24 months from the date the investment project is terminated in accordance with the provisions of the investment law;

b) Within 24 months from the date the investment project is terminated in accordance with the provisions, the investor may transfer land use rights or sell assets attached to the land to other organizations or individuals according to the law.

c) After the sale of assets and the transfer of land use rights have been carried out, the buyer of the assets attached to the land, who receives the land use rights, shall continue to exercise the rights and obligations of the land user to carry out the investment project or to propose to implement a new investment project in accordance with the provisions of the law;

d) In the case that, when the term prescribed in point a of this clause expires and the investor does not transfer the land use rights or sell their assets attached to the land to another investor, the State shall recover the land without compensation for the land or the assets attached to the land. In the case of a force majeure event as prescribed in Article 31 of this Decree, an extension of the term specified in point a of this clause may be considered for the duration of the force majeure event.

The cost of land recovery and handling assets attached to the land is ensured by the state budget; the selected investor to continue using the land is responsible for paying this cost to the state budget before being allocated or leased the land by the State.

3. In the case of land recovery as prescribed at point đ, clause 1, Article 82 of the Land Law, the handling of assets on the land that are forest products shall be carried out in accordance with the provisions of forestry law; for assets that are construction works attached to the land, within 12 months from the date of the land recovery decision, the owner of the assets may sell the assets attached to the land in accordance with the law. When the above period expires, if the land user subject to recovery does not sell their assets attached to the land, the State shall recover the land without compensation for the assets attached to the land. The asset owner must dismantle the assets and return the land to the State within the period specified in the land recovery decision; in case of non-compliance, the competent state authority shall forcibly recover the land in accordance with regulations.

4. In the case where a land user reduces or no longer has the need to use the land and submits a voluntary land return application as prescribed in Clause 2, Article 82 of the Land Law, the competent People's Committee shall only consider reimbursing the value of assets attached to the land if it deems the land recovery necessary, does not cause damage to State interests, public order, and the land user requests the State to return the value of assets attached to the land. The competent People's Committee for land recovery shall establish a Valuation Council to determine the remaining value of the assets and refund it to the person returning the land.

Section 4. ENFORCEMENT OF MANDATORY COUNTING DECISIONS, LAND RECOVERY DECISIONS, APPEAL OF LAND RECOVERY DECISIONS, ENFORCEMENT DECISIONS

Article 36. Enforcement of mandatory counting as prescribed in Clause 4, Article 88 of the Land Law

Articles Explained

1. Before carrying out enforcement, the Chairman of the district-level People's Committee shall decide to establish a Mandatory Counting Enforcement Committee, including: the Chairman or Vice Chairman of the district-level People's Committee as the Head of the Committee; representatives of district-level agencies with functions of inspection, judiciary, land management, and construction; units and organizations implementing the tasks of compensation, support, and resettlement; the representative of the leadership of the commune-level People's Committee where the land is being recovered as a member; and other members as decided by the Chairman of the district-level People's Committee.

2. The compulsory inventory enforcement committee must mobilize, persuade, and dialogue with the person subject to enforcement within 05 working days, and this must be documented in writing. If the person subject to enforcement complies, the compulsory inventory enforcement committee shall record the compliance in minutes and proceed with the inventory as prescribed.

In the case that the person subject to enforcement does not comply with the enforcement decision, the compulsory inventory enforcement committee shall organize the necessary forces and means to open doors or gates to the land plot that needs to be inventoried without requiring the permission of the land user or property owner. The inventory process must be documented in writing.

3. The compulsory census enforcement committee has the right to require the person subject to enforcement and related persons to leave the enforced land area if they obstruct the census; in case of non-compliance, the compulsory census enforcement committee is authorized to take measures to remove the person subject to enforcement and related persons from the enforced land area.

4. The compulsory census enforcement committee invites a representative of the District-level Vietnam Fatherland Front Committee to participate in supervising the enforcement.

5. The enforcement and census implementation must not cause damage to the property of the land user or property owner; if damage occurs, compensation must be provided in accordance with the provisions of the law.

Article 37. Ensure order and safety during the implementation of the decision on compulsory census enforcement and land recovery enforcement.

1. The Police agency is responsible for ensuring order and safety during the enforcement of a coercive decision by the Chairman of the People's Committee at the same level or the coercive decision of other state agencies when requested.

In cases where the participation of the Police agency is requested to ensure order and safety during the enforcement of a coercive decision, the agency in charge of executing the coercive decision must send a document to the Police agency at the same level 5 working days before the coercion to arrange the forces.

2. The Police agency, based on the land recovery coercion plan, will develop a plan to protect order and safety during the implementation of the land recovery coercive decision. When participating in coercion, the Police agency is responsible for preventing illegal acts, ensuring order and safety within its functions and duties.

Article 38. Safekeeping and liquidation of coerced assets

1. When carrying out land recovery enforcement and the person subjected to enforcement refuses to receive the property, the Land Recovery Enforcement Committee shall hand over the property to the following agencies for safekeeping:

a) The State Treasury preserves assets such as cash, gold, silver, precious metals, precious stones, and foreign currencies;

b) Specialized state management agencies manage assets such as industrial explosives, supporting tools, objects of historical and cultural value, national treasures, antiques, and rare forest products;

c) For long-term crops or forests after felling and harvesting, high-value ornamental trees, and rare animals that need protection, management is assigned to the local forest ranger agency or to the agency with agricultural management functions;

d) The commune-level People's Committee preserves the remaining assets.

2. The handover and preservation of assets are carried out as follows:

a) The land recovery enforcement committee must prepare a minutes record, which clearly states: the full name of the person presiding over the enforcement decision, the individual or representative of the organization being enforced, the person assigned to safeguard the assets, the witnesses of the handover; the quantity and condition (quality) of the assets; the rights and obligations of the person assigned to safeguard the assets; the time of the handover for safekeeping;

b) The head of the land recovery enforcement committee, the person assigned to safeguard the assets, the individual or representative of the organization being enforced, and the witnesses must sign the minutes. If the minutes comprise multiple pages, a signature must be placed on each page. In cases where someone is absent or present but refuses to sign the minutes, this must be recorded in the minutes along with the reason.

The minutes are given to the person assigned to safeguard the assets, the individual or representative of the organization being enforced, the witnesses, and the person presiding over the inventory, with each keeping one copy.

c) The cost of asset preservation (if any) shall be borne by the owner and deducted from the compensation, support, and resettlement money before payment to the person whose land is recovered, or the asset owner;

d) The person assigned to preserve the assets who causes damage, swaps, loses, or destroys the assets shall be responsible for compensation and, depending on the nature and extent of the violation, will be handled in accordance with legal regulations;

đ) For assets that are easily damaged, explosive, or of high value and are required to be insured according to the provisions of the insurance law, the unit assigned to preserve the assets shall purchase insurance, and the asset owner shall be responsible for paying the insurance fee when receiving the assets.

3. After carrying out the handover of assets in accordance with the provisions of Clause 2 of this Article, the Land Recovery Enforcement Board shall send a notice to the asset owner to receive the assets within 60 days.

4. If more than 60 days have passed since the date of receiving the notice to collect the property and the individual or organization that owns the property does not come to collect it, the property shall be auctioned according to the provisions of the law. The amount of money obtained, after deducting the costs for transportation, custody, preservation, handling, auctioning the property, and purchasing insurance for the property, shall be deposited in a demand deposit account at a credit institution and notified to the individual or organization that owns the property so they can receive that amount. For damaged and worthless property, the Land Recovery Enforcement Committee shall organize its destruction in accordance with the law and prepare a record clearly stating the condition of the property before destruction.

Article 39. Coercive enforcement of a land recovery decision due to violation of the law, land recovery due to termination of land use according to the law, posing a risk to human life.

1. The enforcement of land recovery decisions due to legal violations or land recovery due to the termination of land use according to the law, which poses a threat to human life, shall be carried out in accordance with the provisions of Article 89 of the Land Law, Articles 37 and 38 of this Decree.

2. In the case of enforcing a land recovery decision that poses a risk to human life, the provincial People's Committee is authorized to shorten the time for carrying out the steps and procedures for enforcement.

Article 40. Complaints about land recovery decisions and enforcement decisions

1. Land owners whose land is being recovered, and related organizations or individuals, have the right to file complaints regarding mandatory inventory, enforcement of mandatory inventory, land recovery, and enforcement of land recovery in accordance with the laws on complaints.

While there is no decision on resolving the complaint, it is still necessary to continue implementing the compulsory inventory decision, enforcing the implementation of the compulsory inventory, the land recovery decision, and the enforcement of the land recovery. In case the competent state agency for resolving complaints concludes that the land recovery is illegal, the enforcement must be stopped if the enforcement has not been completed; the issued land recovery decision must be annulled, and compensation for damages caused by the administrative decision must be made (if any).

2. In cases where land recovery is related to the rights and interests of other organizations or individuals in land use, the competent state agency shall still conduct mandatory inventory, enforce the implementation of mandatory inventory, recover land, and enforce the implementation of land recovery decisions in accordance with regulations without having to wait until the resolution of rights and obligations related to land use between the landowners and those organizations or individuals as prescribed by relevant laws.

Chapter V. DEVELOPMENT, MANAGEMENT, AND UTILIZATION OF LAND FUND

Article 41. Cases where the organization develops, manages, or utilizes the land fund

1. Management and utilization of the land fund as prescribed in Clause 1, Article 113 of the Land Law.

2. Implement projects to build infrastructure to create land funds for auctioning land use rights in order to carry out investment projects for the construction of urban areas with mixed-use functions, synchronized technical infrastructure, social infrastructure, and housing in accordance with the provisions of the construction law.

3. Implement projects to build infrastructure to create land funds for auctioning land use rights in order to carry out rural residential area projects; to arrange resettlement; projects to allocate residential land for ethnic minority people to implement land support policies for ethnic minorities in accordance with the Land Law.

4. Implement projects to allocate production land for ethnic minority people to implement land support policies for ethnic minorities in accordance with the Land Law.

Article 42. Formulation, appraisal, and approval of projects to create land funds

1. A land fund creation project is a project prescribed in Clause 2 and Clause 3 of Article 41 of this Decree, assigned by the competent-level People's Committee to a land fund development organization under its management for implementation.

2. The formulation, appraisal, and approval of a land fund creation project prescribed in Clause 2 and Clause 3 of Article 41 of this Decree are carried out in the same manner as an investment project for the construction of technical infrastructure works using state capital other than public investment or public investment capital in accordance with the provisions of the law on construction and the law on public investment.

3. The formulation, appraisal, and approval of projects for allocating residential land and production land for ethnic minorities to implement land policies for ethnic minorities shall be carried out in accordance with the provisions of the law on investment projects using state budget capital.

4. The source of funds for implementing the projects specified in Article 41 of this Decree is the fund advanced from the land development fund or allocated from the state budget. In the case specified in Clause 3 of this Article, it shall be funded from economic non-business capital supported by the central budget for localities to implement.

5. The recovery of land, compensation, support for resettlement, management, and use of land area created for the projects specified in Clauses 2 and 3 of Article 41 of this Decree shall be carried out in accordance with the provisions of the Land Law and the provisions of this Decree.

Article 43. Management and exploitation of short-term land funds

1. Based on the land fund and assets attached to the land managed by the State, the land development organization is allowed to lease land areas and assets attached to the land (if any) according to the following principles:

a) The lease must be made through a contract, determining that the land is temporarily leased corresponding to the purpose of land use as prescribed in Article 9 of the Land Law and the provisions in Articles 4, 5, and 6 of this Decree. The lessee is not required to register the land and will not be issued a Land Use Rights Certificate;

b) The lease term shall not exceed 05 years. During the contract period, if the State implements a land use plan, the contract must be terminated, and no compensation or support will be provided for the assets invested on the land. Before terminating the contract, the land development organization must notify the lessee in writing at least 60 days in advance.

2. The starting price for land lease shall be decided by the Chairman of the competent People's Committee when leasing the land.

3. Land lease fees and assets attached to land are included in revenue and accounted for according to the provisions of the law for public service units.

4. Organizations and individuals renting land are not allowed to construct permanent structures and must voluntarily commit to dismantle the structures when notified by the land development fund organization about the termination of the contract, and are not entitled to compensation for the land, assets, or investment costs on the land. Organizations and individuals renting land must pay a deposit for the responsibility of dismantling the structures.

5. The land fund development organization is responsible for preparing a list of land plots and parcels that can be exploited in the short term, publicly announcing it on the electronic portal and the electronic information page of the provincial-level People's Committee, the district-level People's Committee where the land is located, and of the land fund development organization to select organizations or individuals who have applied to lease the land and have proposed the highest lease price within no more than 30 days from the date of publication.

In the case where there is only one organization or individual that has applied to lease the land and has proposed a lease price not lower than the starting price specified in Clause 2 of this Article, the land fund development organization shall sign the land lease contract with that organization or individual.

In the case that the 30-day period expires and no organization or individual has applied to lease the land, the public announcement shall be carried out again in accordance with the provisions of this clause.

6. The short-term land lease prescribed in this Article is not subject to land use rights auction, not subject to bidding for selecting investors to implement projects using land, and does not need to meet requirements on conformity with planning and land use plans as with land allocation or land lease for investment projects.

7. The provincial-level People's Committee shall specifically regulate the order and procedures for leasing short-term land funds in the locality.

Chapter VI. LAND ALLOCATION, LAND LEASE, AND LAND USE PURPOSE TRANSFER

Section 1. DETAILED REGULATIONS ON LAND ALLOCATION, LAND LEASE, AND LAND USE PURPOSE TRANSFER

Article 44. Regulations on the grounds, order, and procedures for land allocation, land lease, and permission for land use purpose transfer for cases not subject to investment policy approval or investor approval as prescribed by investment law in Clause 6, Article 116 of the Land Law.

1. The basis for land allocation, land lease, and permission for land use conversion in cases not subject to investment policy approval or investor approval under investment law is the annual land use plan at the district level approved by the competent authority. The basis for land use conversion for individuals as prescribed in Clause 5 of this Article is the district-level land use planning or the master plan or the sub-zone plan approved in accordance with urban planning law.

2. The order and procedures for land allocation, land lease, and permission for land use conversion as prescribed in Clause 1 of this Article, where the land user must pay land use fees and land lease fees based on the land prices in the price table, are as follows:

a) The person requesting land allocation shall submit a land allocation application according to Form No. 02a; the person requesting land lease shall submit a land lease application according to Form No. 02b; the person requesting change of land use purpose shall submit a land use change application according to Form No. 02c in the Appendix issued together with this Decree to the agency receiving the application and returning results as prescribed in point a, clause 1, Article 12 of this Decree;

b) The agency with the function of land management shall assign the Land Registration Office to provide information from the land database, prepare cadastral map extracts of the land plot in cases where the application is complete and valid; guide the applicant to supplement cadastral measurements of the land plot where there is no cadastral map as prescribed, or redo the application or supplement the application and resubmit it to the agency with land management function in cases where the application is incomplete or invalid; review and check the application; conduct field inspection;

c) The agency with land management functions shall complete the dossier to submit to the competent People's Committee for issuance of the decision on land allocation, land lease, or permission to change land use purposes. The dossier includes: the documents prescribed at point a of this clause; an extract of the cadastral map of the land parcel or cadastral survey of the land parcel; a proposal according to Form No. 03 in the Appendix attached to this Decree, together with a draft decision on land allocation, land lease, or permission to change land use purposes according to Form No. 04a, Form No. 04b, Form No. 04c in the Appendix attached to this Decree containing information on land prices for calculating land use fees and land lease payments to be paid, as well as the responsibilities of the tax authority in guiding land users to pay land use fees and land lease payments in accordance with the law on land use fees and land lease fees;

d) The competent People's Committee considers and issues decisions on land allocation, land lease, and permission to change land use purposes;

d) The agency in charge of land management transfers cadastral information of the land plot according to Form No. 04h in the Appendix issued together with this Decree to the tax authority;

e) The tax authority determines the land use levy and land rental fee to be paid as prescribed, and issues a notice for the payment of land use levy and land rental fee to the land user;

g) The land user pays the land use levy and land rental fee in accordance with the provisions of the law on land use levy and land rental fee;

h) The tax authority confirms the completion of the payment of land use levy and land rental fee and sends the result notice to the agency in charge of land management;

i) The agency in charge of land management shall submit to the competent authority for signing and issuing the Land Use Rights Certificate and perform the tasks prescribed in Clause 4, Article 228 of the Land Law; in case of signing a land lease contract, it shall be carried out according to Form No. 05a in the Appendix issued together with this Decree, and the handover of land on the ground shall be carried out according to Form No. 06 in the Appendix issued together with this Decree;

k) The Land Registration Office or Branch of the Land Registration Office is responsible for updating and amending the land database and cadastral records.

3. The order and procedures for land allocation and permission for changing land use purposes prescribed in Clause 1 of this Article, in cases of land allocation without land use fee, shall be carried out as follows:

a) The person requesting land allocation shall submit a land allocation application according to Form No. 02a, and the person requesting land use purpose conversion shall submit an application for land use purpose conversion according to Form No. 02c specified in the Appendix attached to this Decree to the agency receiving the application and returning the results as prescribed in point a, clause 1, Article 12 of this Decree;

b) The agency with the function of land management shall assign the Land Registration Office to provide information from the land database, prepare cadastral map extracts of the land plot in cases where the application is complete and valid; guide the applicant to supplement cadastral measurements of the land plot where there is no cadastral map as prescribed, or redo the application or supplement the application and resubmit it to the agency with land management function in cases where the application is incomplete or invalid; review and check the application; conduct field inspection;

c) The agency with land management functions shall complete the dossier and submit it to the competent People's Committee to issue a decision on land allocation or approval for land use purpose conversion. The dossier includes: the documents specified in point a of this clause; an extract of the cadastral map of the land parcel or a cadastral measurement extract of the land parcel, a proposal according to Form No. 03 in the Appendix attached to this Decree along with the draft decision on land allocation or approval for land use purpose conversion according to Form No. 04a, Form No. 04c in the Appendix attached to this Decree;

d) Implement the provisions at points d, i, and k, clause 2 of this Article.

4. In the case of land allocation, land lease, or permission to change the land use purpose as prescribed in Clause 1 of this Article, where the land user is required to pay land use fees or land lease fees calculated according to specific land prices, it shall be implemented as follows:

a) Implement the provisions specified in points a and b of Clause 2 of this Article;

b) The competent land management agency shall complete the dossier and submit it to the People's Committee of the competent authority for issuance of the decision on land allocation, land lease, or permission to change the land use purpose. The dossier includes: the documents prescribed in point a of this Clause; cadastral map extract of the land plot or cadastral measurement extract of the land plot, proposal form according to Form No. 03 in the Appendix issued with this Decree along with the draft decision on land allocation, land lease, or permission to change the land use purpose according to Form No. 04a, Form No. 04b, Form No. 04c in the Appendix issued with this Decree;

c) The competent People's Committee considers issuing decisions on land allocation, land lease, granting permission for land use purpose conversion, and sends them to the land management agency to organize the determination of specific land prices;

d) The land management agency organizes the determination of specific land prices, submits to the competent authority for issuing decisions to approve specific land prices in accordance with the land price law, which includes the responsibility of the tax authority in guiding land users to pay land use fees and land lease fees in accordance with the law on land use fees and land lease fees;

đ) The competent authority considers issuing decisions to approve specific land prices;

e) Implement the provisions at points e, g, h, i, and k of Clause 2 of this Article.

5. The order and procedures for changing the land-use purpose specified in Clause 5, Article 116 of the Land Law, in the case of households or individuals requesting to change the use of agricultural land within residential areas, agricultural land in the same plot that includes residential land to residential land, or changing the use of non-agricultural land types that are not residential land to residential land, shall be carried out in accordance with the provisions of Clause 2 of this Article.

6. The duration for implementing the order and procedures for land allocation, land lease, and land-use purpose change specified in Clauses 2, 3, 4, and 5 of this Article shall not exceed 20 days.

The agencies involved in the process of implementing the order and procedures for land allocation, land lease, and approval for changing land-use purposes as specified in this Article shall not prescribe additional procedures and shall not carry out any other procedures beyond those specified in this Article.

Article 45. Regulations on adjusting decisions on land allocation, land lease, and permission for changing land use purposes

1. The adjustment of decisions on land allocation, land lease, and permission for changing land use purposes shall be carried out in the following cases:

a) When there is a document from a competent state agency containing content that changes the basis for the decision on land allocation, land lease, or permission for changing land use purposes as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 116 of the Land Law;

b) In case of errors regarding boundaries, location, area, or land use purpose between the planning map, cadastral map, decision on land allocation, land lease, permission for changing land use purposes, and the actual land handover data on the ground.

2. The order and procedures for adjusting decisions on land allocation, land lease, and permission to change the land use purpose in cases specified at point a, clause 1 of this Article are carried out in accordance with the regulations on the order and procedures for land allocation, land lease, and permission to change the land use purpose, in which the submission of an application to adjust the decision on land allocation, land lease, or permission to change the land use purpose is made according to Form No. 02d in the Appendix issued together with this Decree, and the issuance of a decision to adjust the decision on land allocation, land lease, or permission to change the land use purpose is made according to Form No. 04d in the Appendix issued together with this Decree.

The provincial People's Committee stipulates the implementation time for specific work steps according to the principle of reducing the time for land allocation, land lease, and land use purpose conversion procedures by at least half.

3. The order and procedures for adjusting decisions on land allocation, land lease, and permission to change land use purposes in cases specified at point b, clause 1 of this Article are carried out as follows:

a) The land user submits a written request to correct errors in the decision on land allocation, land lease, or permission to change land use purposes according to Form No. 02d in the Appendix issued with this Decree to the agency that receives the application and returns the results as prescribed at point a, clause 1, Article 12 of this Decree;

b) In case the errors in the decision on land allocation, land lease, or permission to change land use purposes do not affect the land use fees or land rent already paid, the competent land management agency shall review and inspect the dossiers; and conduct a field inspection.

The agency with land management functions shall complete the dossier to submit to the competent People's Committee to issue a decision to adjust the land allocation, land lease, or permission for land use conversion decision. The dossier includes: documents prescribed at point a of this clause; a proposal according to Form No. 03 in the Appendix issued with this Decree, attached with a draft decision to adjust the land allocation, land lease, or permission for land use conversion decision according to Form No. 04d in the Appendix issued with this Decree.

The competent People's Committee shall consider and issue the decision to adjust the land allocation, land lease, or permission for land use conversion decision.

The agency with land management functions shall submit to the competent authority for signing the Certificate, and in the case of adjusting the land lease contract, it shall be carried out according to Form No. 05b in the Appendix issued with this Decree.

The land registration office or the branch of the land registration office is responsible for updating and adjusting the land database and cadastral records;

c) In case of errors in the land allocation decision, land lease, or permission for land use purpose conversion that change the land use fee or land rental fee already paid, where the land use fee or land rental fee is re-determined according to the land prices in the land price table, the land management authority shall review, inspect the dossiers; and conduct field inspection.

The agency responsible for land management shall complete the documents and submit to the competent People's Committee to issue a decision to adjust the decision on land allocation, land lease, or permitting land use purpose conversion. The dossier includes: documents prescribed in point a of this clause; a submission according to Form No. 03 in the Appendix issued together with this Decree, attached with a draft decision to adjust the decision on land allocation, land lease, or permitting land use purpose conversion according to Form No. 04d in the Appendix issued together with this Decree, containing the responsibility of the competent authority in guiding land users to make additional payments or be refunded land use fees or land lease fees.

The competent People's Committee shall consider and issue the decision to adjust the land allocation, land lease, or permission for land use conversion decision.

The agency with the function of land management shall transfer cadastral information of the land parcel according to Form No. 04h in the Appendix issued together with this Decree to the tax authority.

The tax authority determines the additional land use fees and land lease fees to be paid in accordance with regulations, issues a notice for the additional payment of land use fees and land lease fees to the land user. The competent authority determines the land use fees and land lease fees to be refunded in accordance with regulations and notifies the land user.

Land users shall pay additional fees or be refunded the already paid land use fees and land rental fees in accordance with the law on land use fees, land rental fees, and the law on tax administration.

The tax authority shall send a written notification that the land user has completed the additional payment, or the competent authority shall send a written notification that the land use fees and land rental fees have been refunded to the agency responsible for land management in accordance with the law on land use fees, land rental fees, and the law on tax administration.

The agency with land management functions shall submit to the competent authority for signing the Certificate, and in the case of adjusting the land lease contract, it shall be carried out according to Form No. 05b in the Appendix issued with this Decree.

The land registration office or the branch of the land registration office is responsible for updating and adjusting the land database and cadastral records;

d) In cases of errors in the decision to allocate land, lease land, or permit a change in land use purpose that alters the land use fees and land rental fees already paid, and the land use fees and land rental fees are re-determined based on specific land prices, the agency responsible for land management shall review and inspect the dossiers and conduct field inspections.

The agency with land management functions shall complete the dossier to submit to the competent People's Committee to issue a decision to adjust the land allocation, land lease, or permission for land use conversion decision. The dossier includes: documents prescribed at point a of this clause; a proposal according to Form No. 03 in the Appendix issued with this Decree, attached with a draft decision to adjust the land allocation, land lease, or permission for land use conversion decision according to Form No. 04d in the Appendix issued with this Decree.

The competent People's Committee shall consider issuing a decision to adjust the decision on land allocation, land lease, or permission to change land use purposes and send it to the agency in charge of land management to organize the determination of specific land prices.

The agency in charge of land management shall organize the determination of specific land prices and submit it to the competent authority for approval of the specific land price in accordance with the law on land prices, which includes the responsibility of the competent authority to guide land users to pay additional land use fees or receive refunded land use fees, land lease fees; and to transfer cadastral information of the land plot according to Form No. 04h in the Appendix attached to this Decree to the tax authority.

The tax authority determines the additional land use fees and land lease fees to be paid in accordance with regulations, issues a notice for the additional payment of land use fees and land lease fees to the land user. The competent authority determines the land use fees and land lease fees to be refunded in accordance with regulations and notifies the land user.

Land users shall pay additional fees or be refunded the already paid land use fees and land rental fees in accordance with the law on land use fees, land rental fees, and the law on tax administration.

The tax authority shall send a written notification that the land user has completed the additional payment, or the competent authority shall send a written notification that the land use fees and land rental fees have been refunded to the agency responsible for land management in accordance with the law on land use fees, land rental fees, and the law on tax administration.

The agency with land management functions shall submit to the competent authority for signing the Certificate, and in the case of adjusting the land lease contract, it shall be carried out according to Form No. 05b in the Appendix issued with this Decree.

The land registration office or the branch of the land registration office is responsible for updating and adjusting the land database and cadastral records;

d) The time to carry out the procedures for adjusting the decision on land allocation, land lease, or permission to change land use purposes specified in this clause shall not exceed 20 days.

The agencies involved in the process of implementing the procedures for adjusting decisions on land allocation, land lease, and granting permission to change land use purposes as prescribed in this Article shall not prescribe additional procedures and shall not carry out any other procedures apart from those prescribed in this clause.

Article 46. Criteria and conditions for changing the purpose of land use for rice land, protection forest land, special-use forest land, and production forest land to other purposes

1. The criteria and conditions for changing the use of 2 hectares or more of rice land, protection forest land, special-use forest land, and production forest land to other purposes include:

a) Having a plan for reforestation or a document proving the completion of the responsibility to pay for reforestation as prescribed by forestry law;

b) Having a plan for the use of the topsoil layer in accordance with crop cultivation regulations.

c) Having a preliminary environmental impact assessment or an environmental impact assessment in accordance with the provisions of the law on environmental protection.

2. The provincial People's Committee shall base on the actual situation of the locality to prescribe specific criteria and conditions for converting the purpose of using rice land, protection forest land, special-use forest land, and production forest land to other purposes to ensure economical and effective land use, meeting the requirements of ensuring food security and environmental protection in the province for cases not governed by the provisions in Clause 1 of this Article.

Article 47. Allocating land, leasing land for small, narrow plots of land, scattered and interspersed, managed by the State.

1. Small, narrow land plots, located in interspersed areas managed by the State, that are allocated or leased according to the provisions of this Article must meet the following criteria:

a) Belong to land funds that have been recovered according to the decision of the competent state authority, land that has not been allocated, land that has not been leased, or land currently under management allocation as stipulated in point d, clause 1 and clause 2, Article 7 of the Land Law;

b) Do not meet the conditions or minimum area requirements for land plot subdivision as prescribed by the Provincial People's Committee;

c) Conform to the district-level land use plan, general plan, or sub-zone plan approved under the legislation on urban planning, detailed urban construction planning, rural residential area construction planning, or new rural commune construction planning approved by the competent authority;

d) Not belonging to the land area for implementing projects and works that have been identified in the land use planning and plans approved and publicly announced by the competent authority;

d) Land intended for allocation or lease must not be disputed, complained about, or violated, or if there are disputes, complaints, or violations, they must have been resolved in writing according to legal regulations.

2. Principles of land allocation and leasing for small, narrow, interspersed plots

a) Priority is given to using small, narrow, interspersed plots managed by the State for public purposes. In case they cannot be used for public purposes, the land allocation with payment of land use fees or leasing is carried out for adjacent land users;

b) In the case where a plot of land has two or more adjacent land users who need to use a narrow, interspersed plot of land, the competent land allocation or land leasing authority shall base the decision on the planning and actual land use conditions of the adjacent land users;

c) Land allocation or land leasing for narrow, interspersed plots to adjacent land users shall be carried out after the People's Committees at all levels have organized a review, publicly announced, and collected opinions from residents in the area;

d) Land allocation or land leasing for narrow, interspersed plots shall be based on the application for land allocation or land lease of the adjacent land user and must be carried out publicly, transparently, and democratically;

d) After being allocated or leased land by the State, the adjacent land user must carry out the procedures for land consolidation in accordance with regulations;

e) Ensure the rights to adjacent land plots in accordance with the provisions of land law and civil law; no disputes or complaints about land arise.

3. The duration of land use when the State allocates or leases land for small, narrow, interspersed land plots to the users of adjacent land plots shall be determined consistently with the duration of use of the adjacent land plots that the land users are currently using. In the case of allocating or leasing small, narrow land plots associated with changing the purpose of use of the adjacent land plot with the small, narrow, interspersed land plot, the land use term shall be determined in accordance with the provisions of Articles 171 and 172 of the Land Law.

4. The provincial People's Committee shall specifically regulate the review, public announcement, compilation of the list of small, narrow, interspersed land plots, and the allocation or leasing of small, narrow, interspersed land plots in the locality.

Section 2. PROCEDURE AND FORMALITIES FOR LAND ALLOCATION, LAND LEASE, AND CHANGE OF LAND USE PURPOSE

Article 48. Procedures and process for converting land use purposes in cases where permission from the competent state authority is required for land users who fall under the approval of investment policy or approval of investors according to investment law.

1. The land user submits 01 set of application dossiers for land use conversion to the agency receiving the dossier and issuing results as prescribed in point a, clause 1, Article 12 of this Decree. The dossier includes:

a) Application for land use conversion according to Form No. 02c in the Appendix issued together with this Decree;

b) A copy of the investment project approval document, decision on investment policy approval, decision on approval of investment policy simultaneously approving the investor according to the public investment law, investment law; document approving the results of investor selection for investment projects under the public-private partnership method (if any);

c) One of the certificates specified in Clause 21, Article 3, Clause 3, Article 256 of the Land Law or one of the types of documents prescribed in Article 137 of the Land Law or the decision to allocate land, the decision to lease land, the decision to permit the change of land use purposes of the competent state authority in accordance with the provisions of the land law over different periods.

2. The sequence and procedures for resolving the change of land use purposes shall be implemented in accordance with the provisions of Clauses 2, 3, 4, and 6, Article 44 of this Decree.

Article 49. Sequence and procedures for land allocation, land lease without auctioning the right to use land, without bidding to select investors to implement projects using land, and cases of land allocation, land lease through bidding to select investors to implement projects using land.

1. Organizations and individuals who are subjects of land allocation or land lease must submit one set of documents to the agency receiving the application and receiving results as stipulated in point a, clause 1, Article 12 of this Decree. The documents include a land allocation application form according to Form No. 02a, a land lease application form according to Form No. 02b in the Appendix issued together with this Decree, and one of the following types of documents:

a) A copy of the approval document on the selection result of the investor by the competent state agency in the case specified in clause 2, Article 116 of the Land Law;

b) A copy of the investment project approval document, decision on investment policy approval, decision on approval of investment policy simultaneously approving the investor according to the public investment law, investment law; document approving the results of investor selection for investment projects under the public-private partnership method (if any);

c) A copy of the document from the competent state agency approving the investor according to the investment law in the case specified in clause 5, Article 124 of the Land Law;

d) A copy of the document from the unit assigned to organize the land use rights auction regarding the unsuccessful land use rights auction result as stipulated in point b, clause 6, Article 125 of the Land Law;

d) A copy of the document on the results of implementing the acquisition of real estate project transfer in accordance with the provisions of the law on real estate business for the case prescribed in Clause 7, Article 124 of the Land Law;

e) Copies of documents as prescribed by law in the case specified in point i, clause 1, Article 133 of the Land Law when land must be recovered.

2. In the case of land allocation to carry out compensation with land or resettlement support when the State recovers land as prescribed in Clause 4, Article 119 and Point 1, Clause 3, Article 124 of the Land Law, it shall be implemented according to the compensation, support, and resettlement plan approved by the competent state authority.

The allocation of land and land lease in cases specified in point m, clause 3, Article 124 of the Land Law for land users whose production or business land is recovered as prescribed in Articles 78 and 79 of the Land Law, and who must relocate their production or business establishments, shall be applied to all types of land that still have remaining land use term at the time of recovery, and where land users have the need to use land at another location to continue production or business.

3. The procedures for land allocation and land lease without auctioning the land use rights, without bidding to select investors to implement projects using land, and for land allocation and land lease through bidding to select investors to implement projects using land, shall be carried out in accordance with the provisions of clauses 2, 3, 4, and 6 of Article 44 of this Decree.

4. The determination of cases exempt from land use fees and land lease fees for the implementation of land allocation and land lease shall be carried out in accordance with the provisions of the law on land use fees and land lease fees.

Article 50. Procedures for approving the conversion of land use purpose for rice-growing land, special-use forest land, protection forest land, and production forest land to other purposes as prescribed in Clause 1, Article 122 of the Land Law

1. The agency with land management functions is responsible for aggregating the demand for converting the use purpose of rice-growing land, special-use forest land, protection forest land, and production forest land for investment projects in the locality before the preparation of the annual district land use plan, except for the cases stipulated in Clause 4, Article 67 of the Land Law.

2. The agency with land management functions is responsible for compiling a list of projects that require conversion of land use purposes involving areas of rice-growing land, special-use forest land, protection forest land, and production forest land according to the planning, and submit it to the Provincial People's Committee, while simultaneously presenting it when submitting the annual land use plan at the district level.

3. Before approving the annual land use plan at the district level, the Provincial People's Committee shall submit to the Provincial People's Council for approval the list of projects that must convert the land use purpose involving areas of rice-growing land, special-use forest land, protection forest land, and production forest land as stipulated in Clause 1 of this Article.

Article 51. Procedures and formalities for converting the form of land allocation or land lease as prescribed in Article 30 of the Land Law.

1. The land user submits one set of application documents requesting the change of land use form to the agency receiving the application and receiving the results as prescribed in point a, clause 1, Article 12 of this Decree. The application includes a written request to change the form of land allocation or land lease according to Form 02đ in the Appendix issued with this Decree and one of the following documents:

a) One of the certificates stipulated in clause 21, Article 3, clause 3, Article 256 of the Land Law;

b) One of the types of documents prescribed in Article 137 of the Land Law;

c) Decision on land allocation, decision on land lease, decision to allow change of land use purpose by the competent state authority in accordance with the land law provisions over the periods.

2. The order and procedures for changing the form of land allocation or land lease, where the land user must pay land use fees or land rental fees according to the land prices in the price table, are carried out in accordance with the provisions at points b, c, d, đ, e, g, h, i, and k of Clause 2, Article 44 of this Decree, in which the decision to change the form of land allocation or land lease is made according to Form No. 04đ in the Appendix issued together with this Decree.

3. The order and procedures for changing the form of land allocation or land lease where the land user is not required to pay land use fees or land rental fees shall be carried out in accordance with the provisions at points b, c, and d of Clause 3, Article 44 of this Decree, in which the decision to change the form of land allocation or lease shall be made according to Form No. 04d in the Appendix issued together with this Decree.

4. The order and procedures for changing the form of land allocation or land lease where the land user is required to pay land use fees or land rental fees calculated at specific land prices shall be carried out in accordance with the provisions at points b, c, d, đ, and e of Clause 4, Article 44 of this Decree, in which the decision to change the form of land allocation or lease shall be made according to Form No. 04d in the Appendix issued together with this Decree.

5. The time for implementing the order and procedures for changing the form of land allocation or lease stipulated in Clauses 2, 3, and 4 of this Article shall not exceed 20 days.

Relevant agencies involved in the process of implementing the procedures for converting land conveyance forms or land lease as prescribed in this Article are not allowed to stipulate additional procedures and are not allowed to carry out any procedures other than those prescribed in this Article.

Article 52. The procedures for land allocation and land lease for organizations, Vietnamese nationals living abroad, and economic organizations with foreign investment use are prescribed in Article 180 of the Land Law, and for agricultural and forestry companies managing and using land are prescribed in Article 181 of the Land Law.

1. The dossiers for land allocation and lease as prescribed in Article 180 of the Land Law include:

a) The documents of the application for land allocation and land lease without land use rights auction as prescribed in Clause 1, Article 49 of this Decree;

b) A copy of the land use plan approved by the competent authority or organization for economic organizations, public service units that have been allocated land or leased land by the State prior to the effective date of the Land Law.

2. The land allocation and land lease dossiers stipulated in Article 181 of the Land Law include:

a) The documents of the application for land allocation and land lease without land use rights auction as prescribed in Clause 1, Article 49 of this Decree;

b) A copy of the land use plan of agricultural and forestry companies in the locality approved by the competent authority or organization;

c) A copy of the land use plan approved by the competent authority or organization for the area of land recovered from agricultural and forestry companies managed and used to allocate or lease land as prescribed in points c, d, and đ of clause 2, Article 181 of the Land Law.

3. Organizations and individuals shall prepare 01 set of dossiers as prescribed in Clause 1 and Clause 2 of this Article for the agency receiving the dossiers and returning the results as stipulated in Point a Clause 1 Article 12 of this Decree to carry out the procedures for land allocation and land lease as prescribed regarding the procedures for land allocation and land lease without auctioning land use rights in Article 228 of the Land Law and Article 49 of this Decree.

Section 3. CASES OF LAND ALLOCATION AND LAND LEASE WITHOUT AUCTIONING LAND USE RIGHTS, WITHOUT BIDDING FOR SELECTING INVESTORS TO IMPLEMENT PROJECTS INVOLVING LAND USE

Article 53. Procedures for land allocation to individuals as prescribed in Points a, b, c, d and đ Clause 3 and Clause 6 of Article 124 of the Land Law.

1. Annually, based on the land fund that has been designated for residential purposes according to the annual land use plan at the district level but has not been allocated locally in cases where land is allocated without a land use right auction or the auction for residential land use rights to individuals fails due to no participants, the Commune People's Committee shall notify other individuals who have a need for land to submit an application for residential land allocation.

2. Within 30 days from the date of notification, individuals falling under the subjects specified in points b, c, and d of Clause 3, Article 124 of the Land Law who are permanently residing or working in the commune, and individuals specified in point a, Clause 3, Article 124 of the Land Law who are permanently residing or working in the district, shall submit an application for residential land allocation using Form No. 02a in the Appendix issued together with this Decree to the Commune People's Committee where the land is located.

3. Within 30 days from the expiration date of the land allocation application submission, the Commune-level People's Committee shall establish a Council to review the allocation of land without auctioning the land use rights. The review council shall consist of: the Chairman or Vice Chairman of the Commune-level People's Committee as the Council Chairman, a representative of the Commune-level Vietnam Fatherland Front Committee, representatives of the Veterans Association, Farmers' Association, Women's Union, Youth Union, officials in charge of justice work, officials in charge of land administration, and the head of the local residential community where the applicant resides.

4. The council shall review individuals eligible for land allocation without auctioning the land use rights according to the regulations of the Provincial People's Committee. The Provincial People's Committee shall, based on the actual local situation, issue conditions, procedures, and appraisal processes for allocating land without auctioning the land use rights to individuals.

5. Within 10 days from the date of identifying individuals eligible for land allocation according to the provisions in Clause 4 of this Article, the commune-level People's Committee shall prepare the dossier according to the regulations of the provincial-level People's Committee and submit it to the district-level People's Committee where the land is located.

6. Within 30 days from the date of receiving a complete and valid dossier, the district-level People's Committee shall assign the competent land management agency at the district level to take the lead, coordinating with relevant agencies and units to appraise the land allocation dossier for each individual.

7. Within 15 days from the date of receiving the report on the appraisal results, the commune-level People's Committee shall complete the dossier and send it to the competent district-level land management agency for submission to the district-level People's Committee to issue a land allocation decision to eligible individuals.

8. In cases of land lease as stipulated in point đ, clause 3, Article 124 of the Land Law, it shall be implemented according to the compensation, support, and resettlement plan approved by the competent authority.

Article 54. Land allocation and land leasing for cases specified in point p, clause 3, clause 5, Article 124 of the Land Law and cases where land is auctioned twice unsuccessfully due to no participants in the auction for cases requiring an investment project:

1. The Prime Minister decides on cases where the State allocates land or leases land without auctioning land use rights, without tendering to select investors for projects using land as stipulated in point p, clause 3, Article 124 of the Land Law, based on the proposal of the Ministry of Natural Resources and Environment, upon the recommendation of the Chairman of the Provincial People's Committee, when one of the following conditions is met:

a) Belonging to a project that uses land for public purposes as stipulated in point e, clause 3, Article 9 of the Land Law with business purposes, which does not fall under the cases prescribed in clauses 1, 2, and 5 of Article 124 of the Land Law;

b) Belonging to a project that has been approved by the National Assembly or the Prime Minister with investment policy decisions as prescribed by law, falling under the cases of land recovery stipulated in clause 31, Article 79 of the Land Law, which does not fall under the case of investor selection as prescribed by investment law, bidding law, and is not dependent on investment capital sources;

c) Belonging to other cases not prescribed in Articles 125 and 126 of the Land Law.

2. Investors falling under the case prescribed in clause 5, Article 124 of the Land Law are allocated land or leased land without auctioning the land use rights in the following cases:

a) There is an investment project approved by the investor in accordance with the provisions of investment law, bidding law, and sectoral/field management law;

b) There is an investment project in accordance with the provisions of construction law and related laws that do not require investor approval procedures as stipulated in point a of this clause.

3. In cases where land is put up for auction for land use rights twice without success due to no participants, the allocation or lease of land shall be implemented according to the following provisions:

a) The competent People's Committee shall allocate or lease land and publicly announce it on the national land use rights auction portal, integrated into the specialized asset auction information portal managed by the Ministry of Justice, or on the portal/electronic information page of the provincial or district-level People's Committee where the land is located for a period of 30 days; and publicly post it at the headquarters of the commune-level People's Committee where the land is located;

b) When the period specified in point a of this clause expires and there is an investor proposing an investment project according to the provisions of clause 2 of this Article, the competent state body shall carry out the procedures for land allocation or land lease as prescribed;

c) When the period specified in point a of this clause expires and there are two or more investors proposing an investment project, it is necessary to organize an auction for the land use rights according to the regulations.

4. The land price for calculating land use fees and land lease fees is the starting price for the auction of land use rights and is valid for 12 months from the date the auction is unsuccessful; in case more than 12 months have passed but the land has not been allocated or leased, the starting price must be re-determined and the auction must be organized again according to the regulations.

5. The procedures for land allocation and land lease shall be implemented in accordance with the provisions of clauses 2, 4, and 6 of Article 44 of this Decree.

Section 4. AUCTION OF LAND USE RIGHTS

Article 55. Auction of land use rights when the State allocates land with land use fees or leases land

1. Organizations participating in the auction of land use rights must meet the following conditions:

a) Ensure the conditions stipulated in Clause 3, Article 125 of the Land Law;

b) A group of companies being an economic group or a parent company and its subsidiaries as prescribed by the enterprise law, when participating in the auction of a land plot, land area, or a project consisting of one or more land plots, must agree to appoint one company within the group to participate in the auction of land use rights;

c) Must deposit a guarantee equal to 20% of the total value of the land plot or land area based on the starting price to auction the land use rights;

d) Not belonging to the subjects prohibited from participating in auctions under the provisions of law;

d) Meeting the conditions prescribed by housing law and real estate business law in the case of auctioning land use rights for implementing housing projects or other real estate business projects.

2. Conditions for individuals participating in land use rights auctions

a) Ensuring the provisions of clause 4, Article 125 of the Land Law;

b) In the case of individuals participating in land use rights auctions to carry out investment projects, they must commit to establishing an economic organization that ensures the conditions prescribed in clause 1 of this Article. The establishment of the economic organization is carried out in accordance with the provisions of investment law, enterprise law, bidding law, and other relevant laws.

3. Drafting the land use rights auction plan

The land use rights auction plan includes the following main contents:

a) Location, area, type of land, assets attached to the land plots, auction land plots (if any);

b) Form of land allocation, land lease, duration of land use of the land plots, auction land plots when auctioning land use rights;

c) Expected time to organize and implement the auction;

d) Objects and conditions eligible to participate in the auction;

d) Costs of organizing and implementing the auction;

e) Expected starting price, the deposit to be paid when participating in the auction, and other fees in accordance with the law;

g) Other contents decided by the competent authority in accordance with legal regulations and the practical situation of the locality.

4. Appraisal and approval of the land use rights auction plan

a) In cases where the auction of land use rights falls under the authority to allocate or lease land of the district-level People's Committee, the district-level land management agency shall inspect and complete the dossier to submit to the district-level People's Committee for approval of the land use rights auction plan;

b) In cases where the auction of land use rights falls under the authority to allocate or lease land of the provincial-level People's Committee, the provincial-level land management agency shall inspect and complete the dossier to submit to the provincial-level People's Committee for approval of the land use rights auction plan.

5. Determine the starting price for the land use rights auction

a) The unit assigned to organize the auction of land use rights is responsible for preparing the dossiers of the auctioned land plots or land areas. The dossiers include: information on planning, land use plans, and detailed construction planning related to the auctioned land plot approved by the competent state authority; extracts of the cadastral map or cadastral map fragments of the land plot or cadastral survey of the auctioned land plot in cases where the cadastral map is not yet available;

b) The agency in charge of land management organizes the determination of the starting price in accordance with the provisions of the law.

6. Decision on the auction of land use rights

a) The agency assigned the task of auctioning land use rights shall prepare an auction dossier and submit it to the agency with land management functions. The dossier includes: the approved land use rights auction plan; the document approving the starting price of the land plot to be auctioned in accordance with point c, clause 1, Article 229 of the Land Law; a draft proposal, decision on auctioning land use rights;

b) The agency in charge of land management shall inspect and complete the dossier to submit to the competent People's Committee for approval of the land use rights auction plan specified in Clause 4 of this Article in order to issue the decision to auction the land use rights.

7. The selection of units or organizations to conduct the land use rights auction shall be carried out in accordance with the provisions of the law on bidding. The procedures for conducting the land use rights auction shall be implemented in accordance with Clause 2, Article 229 of the Land Law and the Law on Property Auction.

8. The recognition of the land use rights auction result shall be carried out in accordance with Clause 3, Article 229 of the Land Law.

9. Payment of land use fees and land rent after the decision recognizing the result of winning the land use rights auction has been made.

a) Within no more than 5 working days from the date of receiving the decision recognizing the auction result by the competent People's Committee, the tax authority shall send a written notice of payment of land use fees or land lease fees to the successful bidder in accordance with the provisions of the tax administration law;

b) The successful bidder of the land use rights is responsible for paying the land use fees according to the notice from the tax authority;

c) From the time of announcing the auction result, the advance payment and interest (if any) shall be converted into a deposit to ensure the fulfillment of financial obligations by the land user.

In the case where the auction winner does not pay or does not pay the full amount of the auctioned land-use right according to the provisions in Point b of this Clause, after 120 days from the date of approval of the auction result for the land-use right, the tax authority shall be responsible for notifying the land management authority to submit to the competent People's Committee to cancel the decision recognizing the auction result, and the auction winner shall not be refunded the deposit. For cases where the auction winner has paid more than the deposit, the State shall refund the excess amount over the deposit as prescribed;

d) The tax authority shall notify the land management authority that the auction winner has completed the payment of land use fees and land rent.

10. After receiving the notification from the tax authority that the auction winner has completed the payment of land use fees and land rent, the competent land management authority shall carry out the tasks specified in clause 5, Article 229 of the Land Law.

11. In the case where an individual participates in the auction for the land use right to implement an investment project, the competent state agency shall carry out the allocation of land or leasing of land to the economic organization established by the individual who won the auction for the land use right, in accordance with the provisions at point b, clause 2 of this Article.

When the deadline for payment of land use fees and land rent as prescribed in Clause 9 of this Article expires, and the individual who wins the auction for land use rights to carry out an investment project does not establish an economic organization as prescribed in Point b, Clause 2 of this Article, the land management authority shall submit to the competent People's Committee to issue a decision to cancel the decision recognizing the auction result. The handling of the deposit shall be carried out according to the provisions of Point c, Clause 9 of this Article.

Article 56. Auction of land use rights for agricultural land areas not yet used for public purposes.

1. The commune-level People's Committee shall prepare a plan for the auction of land use rights and submit it to the district-level People's Committee for consideration and decision.

2. The preparation, appraisal, and approval of the land use rights auction plan shall be conducted in accordance with the provisions of Clauses 3, 4, and 5 of Article 55 of this Decree. Among them, the form of land lease is the State leasing land with annual land rental collection, and the starting price is determined according to the annual land price table.

3. The hiring of an entity to conduct the land use rights auction shall comply with the provisions of the Law on Property Auction but must ensure that the auction service fee and the auction costs of the property do not exceed 10% of the value of the leased public land use rights.

4. In cases where it is not possible to select an asset auction organization according to the provisions of Article 56 of the Law on Asset Auction, the Chairman of the People's Committee of the commune-level administrative unit where the land is located shall decide to establish an Asset Auction Council to auction the right to use public land in accordance with the provisions of the Law on Asset Auction.

5. The auction winner shall sign a land lease contract with the commune-level People's Committee; pay the land lease fee according to the signed contract.

Section 5. BIDDING TO SELECT INVESTORS TO IMPLEMENT INVESTMENT PROJECTS USING LAND

Article 57. The publication of the list of land plots for bidding to select investors to implement investment projects using land shall be decided by the provincial-level People's Council.

1. Based on the list of land plots for which bidding is conducted to select investors for investment projects using land, as decided by the provincial-level People's Council according to the provisions of Clause 1, Article 126 of the Land Law, the provincial-level People's Committee shall announce within 07 working days from the date of the decision by the provincial-level People's Council as a basis for competent state agencies or investors to prepare dossiers requesting approval of investment policy in accordance with the investment law.

The content of the document deciding the list of land plots for auction to select investors to implement investment projects using land includes plans, progress, the agency responsible for implementation, and other related contents.

2. The publication of the list is carried out by posting on the provincial electronic information portal, the national bidding network system, and publicly in the procurement newspaper. In case the national bidding network system is not yet eligible for implementation, it shall be posted on the provincial electronic information portal and publicly in writing in the procurement newspaper.

Article 58. Handling cases of annulment of bidding results as prescribed in Clause 8, Article 126 of the Land Law where the winning investor has advanced part of the funding for compensation, support, and resettlement according to the approved compensation, support, and resettlement plan.

1. Land users who are allocated land or leased land by the State in the land plot for project implementation where the bidding result has been annulled are responsible for reimbursing the investor whose bidding result was annulled the cost of compensation, support, and resettlement that has been advanced.

2. In the case of using state budget capital to implement a project on the project land where the bid result has been canceled, the project investment capital may be used to pay the investor whose bid result was canceled for the compensation, support, and resettlement costs that were advanced.

Section 6. USE OF LAND TO IMPLEMENT SOCIO-ECONOMIC DEVELOPMENT PROJECTS THROUGH AGREEMENTS ON LAND USE RIGHTS OR WHEN HAVING LAND USE RIGHTS

Article 59. Handling cases of land use to implement socio-economic development projects through agreements on land use rights when the project area consists of land managed by state agencies or organizations

1. In the case where the land area is managed by state agencies or organizations and is separated into an independent project, the competent People's Committee shall decide on the allocation or lease of land to implement the independent project through land use rights auctions or bidding to select investors to implement projects using land in accordance with the provisions of the Land Law.

2. In cases where the land area is managed by state agencies or organizations and cannot be separated into an independent project, including cases where the land plots are not contiguous, it shall be carried out in accordance with the provisions of clause 2, Article 127 of the Land Law.

3. The provincial People's Committee shall specify the conditions, criteria, scale, and ratio for separation into an independent project as prescribed in clause 1 of this Article.

4. The land recovery, compensation, support, and resettlement specified in clause 2 of this Article shall be carried out in accordance with the provisions applicable to cases of land recovery for use for socio-economic development purposes for national and public interest.

Article 60. Procedures and processes for economic organizations to receive land transfer, lease of land use rights, or contribution of capital by land use rights to implement investment projects.

1. Economic organizations that have a demand to receive land use rights transfer, lease land use rights, or contribute capital in the form of land use rights to implement an investment project must extract the cadastral information of the land proposed by the investor for the project and submit a written request according to Form No. 07 in the Appendix issued together with this Decree to the Provincial People's Committee where the land is located.

2. Within no more than 03 working days from the date of receiving the written request, the Provincial People's Committee shall assign the provincial land management authority to take the lead and coordinate with relevant agencies to appraise the request and submit it to the Provincial People's Committee for consideration and decision.

3. Within 15 days from the date of receiving the directive from the Provincial People's Committee, the provincial land management authority must provide an appraisal report in writing to the Provincial People's Committee. The appraisal report includes the following contents:

a) Conditions regarding compliance with the land use planning at the district level or the general planning or sub-zone planning or construction planning or rural planning that has been approved and announced;

b) Compliance with the conditions stipulated in point c, clause 2, Article 122 of the Land Law;

c) Compliance with the cases stipulated in clause 1, Article 127 of the Land Law;

d) Information in the cadastral dossier of the land plot or land area that the investor proposes to implement the project;

e) Conclusion on the eligibility for allowing the economic organization to receive land transfer, lease land use rights, or contribute capital in the form of land use rights for project implementation; if the conditions are not met, clearly state the reasons;

f) Proposal on whether to approve or disapprove the investor's request to receive land transfer, lease land use rights, or contribute capital in the form of land use rights.

4. Within no more than 5 working days from the date of receipt of the appraisal document submitted by the agency competent in land management, the Provincial People's Committee shall review and issue a written approval or disapproval for the economic organization to receive land transfer, lease land use rights, or contribute capital with land use rights to implement the project, sending it to the economic organization that made the request in writing. The content of the approval document must clearly state the scale, area, location, deadline for completing the agreement, and other related contents.

5. Based on the approval document of the Provincial People's Committee, the economic organization carries out the land transfer, lease of land use rights, or contribution of capital with land use rights to implement the project in accordance with regulations.

In case of land use conversion to implement an investment project, the procedures and processes shall be carried out according to the provisions of Article 48 of this Decree.

Article 61. Resolving cases where the investor cannot reach an agreement with the land user

1. When the deadline to complete the agreement specified in the approval document under Clause 4, Article 60 of this Decree has passed and the investor has not completed the agreement, an extension may be considered once, for a period not exceeding the time required to complete the agreement in the approval document, if the investor has a demand.

2. In the case that the extension period specified in Clause 1 of this Article has expired and the agreement has not been completed, or if the investor does not wish to extend, the handling is as follows:

a) The investor proposes adjusting the project scope to match the area for which agreements with the land users have been completed, and if the project meets the conditions to be considered for investment approval by the competent state authority, the provincial People's Committee decides to allow the project to be implemented;

b) The area for which the land-use rights agreement has been completed but does not meet the conditions for implementing the investment project shall have the land-use rights agreement terminated. The area of land for which the investor has completed the land-use rights agreement shall be handled in accordance with the provisions of Clause 3 of this Article;

c) In case the land-use rights agreement to implement the project falls under the case where the State recovers land as prescribed in Point c, Clause 1, Article 127 of the Land Law and falls under the case of land allocation or land lease without auctioning the land use rights, without bidding to select investors to implement projects using land, the competent People's Committee shall recover the land to allocate or lease to the investor.

3. The handling of the area of land for which the investor has completed the land-use rights agreement, and the area for which the agreement has been completed but does not meet the conditions for implementing the investment project shall be as follows:

a) In the case of an agreement to receive land use rights to implement a project that does not fall under the case of the State recovering land, the investor is allowed to continue using the land for the remaining term or to transfer the land use rights or contribute capital using the land use rights;

b) In the case of an agreement to receive the land use rights for the implementation of a project that falls under the situation of land recovery by the State as stipulated in point c, clause 1, Article 127 of the Land Law, and falls under the case of land allocation or lease through auction of land use rights or bidding to select an investor to implement a project using land, the competent-level People's Committee shall recover the land for auction of land use rights, for allocation or lease of land to the investor who wins the bid for a project using land in accordance with regulations. The area that the investor has agreed to receive the land use rights for shall be compensated and supported by the State in accordance with regulations;

c) In the case of an agreement to acquire land use rights in the form of land lease that does not meet the conditions for implementing an investment project, the land lease contract shall be terminated. The settlement of rights and obligations between the investor and the land user shall be carried out in accordance with the provisions of civil law.

Article 62. Policy to encourage agreements on land use rights for the implementation of socio-economic development projects

1. In the case of an agreement to receive land use rights under the provision at Point a, Clause 4, Article 127 of the Land Law, the investor shall carry out land registration according to regulations or simultaneously carry out the procedures for land registration and the procedures for converting land use purposes for the implementation of the investment project.

2. In cases where the person using the land does not have the right to transfer, lease, or contribute capital with the land use rights but has assets attached to the land and investment costs in the land, the investor is allowed to negotiate to purchase the assets attached to the land and the investment costs in the land. The content of the contract for the sale of assets attached to the land and investment costs in the land must clearly show that the seller voluntarily returns the land for the State to recover the land and allocate or lease the land to the asset buyer. The State shall recover the land from the person currently using it in order to allocate or lease the land without auctioning the land use rights, without tendering to select investors to implement projects involving land use, and must determine the land price according to regulations.

3. In cases where the person using the land does not have the right to transfer, lease, or contribute capital through land use rights in accordance with the provisions of land law, and does not have assets attached to the land or investment costs in the land, the competent People's Committee shall decide to recover the land in order to allocate or lease it to investors to implement projects without auctioning land use rights or tendering to select investors to implement projects using the land.

Article 63. Application of land valuation methods in cases specified in point b, clause 2, Article 257 of the Land Law

1. Cases of land allocated by the State

a) If the actual land handover time is from January 1, 2005, to before February 27, 2006, the land price for calculating land use fees shall apply the land price table issued by the provincial-level People's Committee in effect at the time of actual land handover;

b) The actual land handover period from February 27, 2006 to before July 1, 2014, in cases where a specific land price must be determined, the land price for calculating land use fees is calculated based on the land price table issued by the Provincial People's Committee effective at the time of actual land handover, multiplied by the land price adjustment coefficient at the time of actual land handover;

c) The actual land handover time from July 1, 2014, to December 31, 2014, if subject to the case of applying the land price adjustment coefficient method, the land price for calculating land use fees shall be calculated based on the land price table issued by the Provincial People's Committee effective at the time of the actual land handover multiplied by the land price adjustment coefficient at the time of the actual land handover;

d) The actual land handover time from January 1, 2015, until before the effective date of this Decree, if under the provisions at the time of the actual land handover it falls into the case of applying the land price adjustment coefficient method when determining the specific land price, the land price table at the time of the actual land handover multiplied by the land price adjustment coefficient annually issued by the Provincial People's Committee and effective at the time of the actual land handover shall apply;

d) For the actual land handover date from July 1, 2014, until before the effective date of this Decree, if under the regulations at the actual land handover date it is necessary to determine a specific land price and it does not fall under the objects applying the land price adjustment coefficient method, the methods prescribed in points a, b, c of Clause 5 and points a, b, c of Clause 6, Article 158 of the Land Law, detailed in the Decree on land prices, shall apply.

2. In case the land is leased by the State

a) For the actual land handover date from January 1, 2005, to before October 1, 2009, the land price for calculating land lease fees shall apply the land price table issued by the Provincial People's Committee effective at the actual land handover date;

b) In the case where the actual land handover occurs from October 1, 2009, to before July 1, 2014, and it falls under the category where specific land prices must be determined, the land price for calculating land lease fees shall apply the land price table issued by the provincial People's Committee that is in effect at the time of the actual land handover, multiplied by the land price adjustment coefficient at the time of the actual land handover;

c) The actual land handover period from July 1, 2014, to December 31, 2014, in the case of land leased with a one-time payment for the entire lease period, which according to regulations at the actual handover time falls under the case of applying the land price adjustment coefficient method when determining the specific land price, or in the case of land leased with annual rent payments, the land price for calculating land rent shall apply the land price list issued by the Provincial People's Committee effective at the time of actual land handover multiplied by the land price adjustment coefficient at the time of actual land handover;

d) The actual land handover time from January 1, 2015, until before the effective date of this Decree, in the case of land leased with one-time rent payment for the entire lease period, which at the time of actual handover falls under the case of applying the land price adjustment coefficient method for determining specific land prices, or in the case of land leased with annual rent payment, the land price table at the time of actual land handover multiplied by the land price adjustment coefficient issued annually by the Provincial People's Committee effective at the time of actual land handover shall be applied;

d) The actual land handover time from July 1, 2014, to before the effective date of this Decree, and according to the regulations at the time of the actual land handover, if the specific land price must be determined and is not subject to the method of adjusting the land price coefficient, then the methods prescribed in points a, b, c of Clause 5 and points a, b, c of Clause 6, Article 158 of the Land Law, as detailed in the Decree on land prices, shall be applied;

3. The determination of the land price adjustment coefficients in point b, point c of Clause 1, and point b, point c of Clause 2 of this Article shall be carried out in accordance with the provisions of the Decree on land prices.

4. In cases where individuals or organizations are entitled to be allocated land or leased land by the State through forms approved by the competent authority for land use purpose conversion and are required to pay land use fees or land lease fees, the time for determining the land price to calculate land use fees and land lease fees is the time when the competent state agency issues the decision. The determination of land prices for specific cases corresponds to the cases of land allocation or land lease at the same time specified in Clauses 1, 2, and 3 of this Article.

Chapter VII. LAND USE REGIME

Section 1. DURATION OF LAND USE

Article 64. Procedures and procedures for extending land use when the land use term expires

1. Within the time limit prescribed in Clause 3, Article 172 of the Land Law, land users who wish to extend the land use term upon expiration of the land use period shall submit one set of application documents for land use extension at the agency receiving the application and returning results as prescribed in Clause 1, Article 12 of this Decree. The application dossier includes the land use extension application form according to Form No. 08 in the Appendix issued together with this Decree and one of the following documents:

a) One of the certificates stipulated in clause 21, Article 3, clause 3, Article 256 of the Land Law;

b) The decision to allocate land, the decision to lease land, or the decision to allow conversion of land use purposes issued by the competent state authority in accordance with the land law in force over time;

c) A document from the competent authority permitting the extension of the investment project duration or reflecting the project operation period according to the investment law provisions for cases of land use for the implementation of investment projects.

2. The order and procedures for extending land use shall be implemented according to the provisions in Clauses 2, 3, 4, and 6 of Article 44 of this Decree. The content of the decision on land use extension follows Form No. 04e in the Appendix issued together with this Decree. In case the land user does not request a new Certificate, the Land Registration Office or the Branch of the Land Registration Office shall confirm the change of land use term on the issued certificate, forward it to the agency receiving the application, and return the result as stipulated in Point a, Clause 1, Article 12 of this Decree to the land user.

Article 65. Procedures for confirming the continued use of agricultural land by individuals when the land use term expires

Agricultural land users specified in Point a, Clause 1, Article 172 and Clause 1, Article 174 of the Land Law, who wish to reconfirm the land use term on the issued certificate, shall proceed according to the following order and procedures:

1. The land user submits a written request for reconfirmation of the land use term according to Form No. 09 in the Appendix issued together with this Decree and the certificate already granted to the agency receiving the dossier and returning the results as prescribed in Clause 1, Article 12 of this Decree.

In cases where the land user submits to the commune-level People's Committee where the land is located, the commune-level People's Committee is responsible for transferring the dossier to the Land Registration Office or the Branch of the Land Registration Office.

2. The Land Registration Office or the Branch of the Land Registration Office shall check the dossier; certify the duration of continued land use according to the term stipulated in Clause 1, Article 172 of the Land Law on the already issued certificate or issue a new certificate if the land user has the demand; update and edit the land database, cadastral records; hand over the certificate to the land user or transfer it to the commune-level People's Committee to return to the land user.

3. The time limit for carrying out the procedures stipulated in this Article shall be decided by the Provincial People's Committee but shall not exceed 7 working days.

Article 66. Order and procedures for adjusting the land use term of investment projects.

1. Land users who need to adjust the land use duration in cases specified in Clause 1, Article 175 of the Land Law shall submit one set of application documents to request the adjustment of land use duration at the agency receiving the application and issuing results as prescribed in Point a, Clause 1, Article 12 of this Decree. The documents include: a written request to adjust the land use duration of the investment project according to Form No. 10 in the Appendix issued together with this Decree, a written document from the competent authority allowing the change of the project operation duration according to the provisions of the investment law, and one of the following documents:

a) One of the certificates stipulated in clause 21, Article 3, clause 3, Article 256 of the Land Law;

b) Decisions on land allocation, decisions on land lease, decisions on permitting the change of land use purpose by competent state agencies in accordance with the provisions of land law over the periods.

2. The decision to adjust the land use term of an investment project is issued in a separate decision according to Form No. 04g in the Appendix issued together with this Decree, or to adjust the decision on land allocation, land lease, or permission to change the land use purpose according to Form No. 04d in the Appendix issued together with this Decree.

3. The procedures for implementing the adjustment of the land use term of the investment project are carried out according to the provisions in Clauses 2, 3, 4, and 6 of Article 44 of this Decree.

Section 2. LAND MANAGED AND USED BY AGRICULTURAL AND FORESTRY COMPANIES

Article 67. Review and determine the boundaries and land area used by agricultural and forestry companies

1. The provincial-level People's Committee shall establish a Steering Committee to direct and organize the management and use of land by agricultural and forestry companies as prescribed in Article 181 of the Land Law.

The Steering Committee consists of: the Chairman of the Provincial People’s Committee as the Head, representatives of the Vietnam Fatherland Front Committee at the provincial level, representatives of leaders of relevant departments, agencies, and the Chairman of the District People's Committee where the land is located as members.

2. The Provincial People's Committee is responsible for organizing and directing the provincial land management agency to take the lead, in coordination with relevant departments and agencies; the District People's Committee and organizations currently managing and using the land are to review and determine the boundaries and land use area as follows:

a) Based on the existing documents and records, the current land use status, the schemes and plans for the arrangement of agricultural and forestry companies approved by the competent authorities, to carry out the review, determine the location, management boundaries, land use; the area of land being used for the correct purpose; the area of land being used for incorrect purposes; unused land area; the area of land that is being allocated, contracted, leased, lent, joint-ventured, joint-linked, cooperatively invested, encroached upon, occupied, or disputed; to determine the area of land that the agricultural and forestry company retains and the area of land to be handed over to the local authorities.

In cases where the existing documentation does not meet the requirements for specifically determining the location, boundaries, and area of land being managed or used, it is necessary to carry out surveying and prepare land use boundary dossiers for agricultural and forestry companies according to regulations;

b) Review to determine the location, boundaries, management process, and usage of the land area of agricultural and forestry companies that have had approved land use plans and received land use right certificates but are no longer directly using the land, instead renting, lending, contracting out, or wholly contracting it to others for illegal use, in order to recover the land as stipulated in point đ, clause 1, Article 181 of the Land Law.

3. Agricultural and forestry companies are responsible for coordinating with provincial land management authorities and relevant departments, agencies, and sectors to review the current status of land use and provide related records and documents regarding the origin, management, and use of the land, and to prepare land use plans in accordance with the regulations in clause 2, Article 68 of this Decree.

4. The district-level People's Committee shall formulate a land use plan for the land area specified in point d, clause 1, Article 181 of the Land Law after the land use plan of the agricultural and forestry company has been appraised in accordance with the provisions of clause 4, Article 68 of this Decree. The content of the land use plan shall be implemented in accordance with the provisions of clause 4, Article 69 of this Decree.

For the land area reclaimed in accordance with point đ, clause 1, Article 181 of the Land Law, the district-level People's Committee shall formulate a land use plan after the land reclamation decision is issued by the competent state authority.

5. The provincial-level People's Committee is responsible for arranging funding to carry out surveying, measuring, staking, creating cadastral maps, formulating land use plans, and organizing the implementation of the land use plan after it has been approved.

Article 68. Detailed regulations on the formulation, appraisal, and approval of land use plans

1. Based on the results of reviewing the provisions in Clause 2, Article 67 of this Decree, agricultural and forestry companies are responsible for preparing a land use plan for the entire area under management and use, in order to specifically determine the portion of the area intended to be retained for continued use and the portion of the area intended to be handed over to the local authorities.

The area of land retained by the agricultural and forestry company must be included in the project or plan regarding the arrangement of the agricultural and forestry company that has been approved by the competent authority, suitable to the functions and tasks of the company, the current land use, and the local land use planning; for the area of land retained by the agricultural and forestry company that is currently allocated, contracted, under white contract, leased, lent, joint-ventured, linked, invested in cooperation, encroached, occupied, or under dispute, the company must have a method to resolve it completely and clearly explain it in the land use plan of the agricultural and forestry company.

2. Contents of the land use plan include:

a) Basis for preparing the land use plan;

b) Analysis and evaluation of natural conditions, socio-economic, defense, and security aspects;

c) Land use orientation, direction of tasks, and specific production and business plans of the agricultural and forestry company;

d) Assess the impact of the land use plan on socio-economic factors, the environment, national defense, security, and the production and business plan;

d) Solutions for implementing the area of land retained by agricultural and forestry companies;

e) Determine the location, boundaries, land area, and current land use of the land area handed over to the local authority as prescribed in point d, clause 1, Article 181 of the Land Law;

g) Explain the land use plan.

3. Dossiers submitted for appraisal and approval of the land use plan include:

a) A written request for appraisal and approval of the land use plan according to Form No. 11 in the Appendix issued together with this Decree;

b) The land use plan;

c) A cadastral map showing land use boundaries or a dossier of land use boundaries of the agricultural and forestry company; a summary list of the land areas of the agricultural and forestry company;

d) Other related documents (if any).

4. Procedures and steps for appraising and approving land use plans

a) Agricultural and forestry companies shall submit the documents specified in Clause 3 of this Article to the provincial land management authority;

b) Within no more than 05 working days from the date of receiving the complete land use plan documents from the agricultural and forestry company, the provincial land management authority is responsible for sending the land use plan documents to relevant departments, agencies, and the district-level People's Committee where the land is located to gather opinions and submit to the provincial People's Committee for the establishment of an Appraisal Council.

The composition of the Appraisal Council includes: the Chairman of the Provincial People's Committee or one Vice Chairman of the Provincial People's Committee acting as the Chairman of the Council, the head of the agency with provincial land management functions acting as the Vice Chairman of the Council, members being representatives of leaders from relevant departments, boards, and sectors, and representatives of the leadership of the district-level People's Committee where the land is located;

c) Within no more than 10 days from the date of receiving the opinion collection dossier, relevant departments, boards, sectors, and the district-level People's Committee where the land is located shall send written opinions to the provincial land management agency;

d) Within no more than 5 working days from the end of the opinion collection period, the provincial land management agency is responsible for organizing a meeting of the Council for appraisal;

d) Within no more than 05 working days from the date of appraisal, if the land use plan dossier of the agricultural and forestry company does not need to be amended, the provincial land management authority shall submit it to the People's Committee of the same level for approval.

In cases where the land use plan dossier needs to be revised or supplemented, within no more than 03 working days from the date of appraisal, the provincial land management authority shall notify the agricultural and forestry company to complete it; within no more than 05 working days from the date the agricultural and forestry company completes the dossier and submits it to the provincial land management authority, if the dossier is complete, the provincial land management authority shall submit it to the People's Committee at the same level for approval;

e) Within a period not exceeding 05 working days from the date of receiving the land use plan dossier submitted by the provincial-level land management authority, the Provincial People's Committee is responsible for reviewing and approving the land use plan.

5. The Minister of Natural Resources and Environment shall provide detailed regulations on the preparation of land boundary dossiers; surveying, and preparing cadastral maps.

Article 69. Organization of the implementation of the land use plan

1. Based on the approved land use plan of the agricultural and forestry company, the provincial-level land management authority is responsible for:

a) Submitting to the Provincial People's Committee for a decision on allocation or lease of land to the agricultural and forestry company for the portion of land retained by the company; carrying out the reclamation and adjustment of issued certificates (if any);

b) Signing land lease contracts in the case of land leasing;

c) Issue Certificates for the area retained for agricultural and forestry companies after fulfilling financial obligations as prescribed;

d) Implement the recovery and adjustment of issued certificates (if any); determine the location and area of land according to the provisions at point d, Clause 1, Article 181 of the Land Law, and organize handover on the ground to the District People's Committee where the land is located to implement the established land use plan;

đ) Submit to the Provincial People's Committee the recovery of the land area as prescribed at point đ, Clause 1, Article 181 of the Land Law, and organize the handover to the District People's Committee where the land is located to develop a land use plan.

2. Procedure and process for land recovery according to the provisions at point đ, Clause 1, Article 181 of the Land Law.

a) Based on the local land use needs and the land use status of agricultural and forestry companies, the provincial land management authority shall review and determine the location and area of land to be recovered as prescribed in point đ, clause 1, Article 181 of the Land Law; submit to the Provincial People's Committee for land recovery in accordance with regulations;

b) Within 10 days from the date of the land recovery decision, the land management authority shall submit to the competent authority to establish an Asset Valuation Council to determine the value of assets attached to the land and compensate the land users (if any);

c) The determination of the value of assets attached to the land for compensation as prescribed in point b of this clause shall be carried out as in the case where the State recovers land as stipulated in Articles 78 and 79 of the Land Law.

3. For the land area recovered as prescribed in Point d, Clause 1, Article 181 of the Land Law, the district-level People's Committee is responsible

a) Review the current status of land use for each specific land user in terms of location, boundaries, area, and origin of use for each entity when agricultural and forestry companies transfer land to local authorities, clearly showing: land that the company organizes for production, contracts land in various forms, leases, lends, joint ventures, partnerships, investment cooperation, encroachment, land occupation, and disputes; land management and usage records and documents handed over by agricultural and forestry companies to local authorities, records currently managed locally, records provided by land users, and other related documents; identify the entities prioritized for land use as specified in points c, d, and đ of Clause 2, Article 181 of the Land Law.

b) Develop a land use plan and submit it to the provincial land management authority for evaluation.

Based on the specific situation of the locality, the provincial-level People's Committee shall decide on the economic-technical norms and unit prices for implementing the land use planning as prescribed by law; the district-level People's Committee may hire a consulting unit to prepare the land use plan for the area of land being recovered.

4. The content of the land use plan prepared by the district-level People's Committee includes:

a) Basis for preparing the land use plan;

b) Analysis and evaluation of natural conditions, socio-economic, defense, and security aspects;

4. The content of the land use plan prepared by the district-level People's Committee includes:

c) Determining the location, area, and form of land use as stipulated in Clause 2, Article 181 of the Land Law. For cases of land recovery as specified in Point đ, Clause 1, Article 181 of the Land Law, the beneficiaries prioritized for land use shall be identified as prescribed in Points c, d, and đ, Clause 2, Article 181 of the Land Law;

d) Assessing the impact of the land use plan on the socio-economic situation, environment, and ensuring national defense and security;

đ) Identifying solutions for organizing the implementation of the land use plan;

e) Reporting and explaining the land use plan.

5. The appraisal dossier of the land use plan prepared by the district-level People's Committee includes:

a) A written request for appraisal and approval of the land use plan according to Form No. 11 in the Appendix issued together with this Decree;

b) The land use plan prepared by the district-level People's Committee;

c) cadastral map, cadastral map extract of the land plot; the summary sheet of the area of land types;

d) Other related documents (if any).

6. Sequence and procedures for appraising and approving the land use plan prepared by the district-level People's Committee

a) The district-level People's Committee sends the dossier specified in Clause 5 of this Article to the provincial-level land management agency;

b) Within no more than 05 working days from the date of receiving a complete land use plan dossier prepared by the district-level People's Committee, the provincial-level land management agency is responsible for sending the land use plan dossier to related departments, agencies, and sectors to collect opinions and submit to the provincial-level People's Committee to establish the Appraisal Council.

The composition of the Appraisal Council includes: the Chairman of the Provincial People's Committee or one Vice Chairman of the Provincial People's Committee acting as the Chairman of the Council, the head of the agency with provincial land management functions acting as the Vice Chairman of the Council, members being representatives of leaders from relevant departments, boards, and sectors, and representatives of the leadership of the district-level People's Committee where the land is located;

c) Within a period not exceeding 10 days from the date of receiving the opinion-gathering dossier, related departments, agencies, and sectors shall send their written opinions to the provincial land management authority;

d) Within no more than 5 working days from the end of the opinion collection period, the provincial land management agency is responsible for organizing a meeting of the Council for appraisal;

d) Within a period not exceeding 3 working days from the date of appraisal, the provincial land management authority shall notify the district People's Committee of the appraisal results; the district People's Committee shall complete the dossier and return it to the provincial land management authority within a period not exceeding 5 working days from the date of receiving the appraisal results; within a period not exceeding 3 working days, the provincial land management authority shall submit it to the provincial People's Committee for approval;

e) Within a period not exceeding 05 working days from the date of receiving the land use plan dossier submitted by the provincial-level land management authority, the Provincial People's Committee is responsible for reviewing and approving the land use plan.

Section 3. RECLAIMED LAND ACTIVITIES

Article 70. Content of land use planning and plans for marine areas identified for land reclamation

1. The marine area identified for land reclamation must have a specific location, area, boundary, and coordinates determined in accordance with the law on surveying and mapping. The identification of marine areas for land reclamation included in land use planning and plans must ensure the principles specified in points a, b, and d of Clause 2, Article 190 of the Land Law.

2. The provincial People's Committee shall identify and include marine areas for land reclamation activities in the land allocation and zoning plan according to functional zones and land types down to the district-level administrative units in the provincial plan, provincial land use plan, district-level land use plan, and district-level land use implementation plan.

3. In cases where the sea area identified for land reclamation is already included in the provincial plan, construction plan, or urban plan but is not yet included in the district-level land use plan, the provincial People's Committee shall direct its inclusion in the district-level land use plan and the annual district land use plan.

In cases where the sea area designated for land reclamation is not yet included in the provincial plan, the provincial People's Committee shall direct the district People's Committee to develop and adjust the district-level land use plan and the annual district-level land use plan.

4. When formulating and approving the detailed construction planning of a sea reclamation investment project or an investment project with a sea reclamation component, land must be allocated and reserved for the construction of public infrastructure, including access paths to the sea as required by the provincial People's Committee to ensure the public's and community's right to access the sea.

The provincial-level People's Committee, based on the legal provisions on construction planning and the actual conditions in the locality, shall make specific decisions on the land fund for constructing public infrastructure works stipulated in this clause, suitable for each sea reclamation investment project or investment project with a sea reclamation component.

Article 71. Decision on investment policy, approval of investment policy, and selection of investors for investment projects involving sea reclamation activities

1. The approval of investment policy and the decision on investment policy for investment projects involving sea reclamation activities shall be carried out in accordance with the provisions of the law on investment, public investment, and investment under the public-private partnership model.

2. The selection of investors to implement investment projects involving sea reclamation activities with funds outside the state budget shall be carried out in accordance with the provisions of the law on investment, bidding, land, and investment under the public-private partnership model.

3. Land reclamation activities in an investment project with land reclamation activities shall be prepared as a land reclamation investment project or a land reclamation component of the investment project specified in Article 72 of this Decree.

Article 72. Preparation and appraisal of the feasibility study report, project approval; preparation, appraisal, and approval of construction design; construction and acceptance of construction works of a land reclamation investment project or a land reclamation component of the investment project.

1. A land reclamation investment project or a land reclamation component of an investment project with land reclamation activities is an investment construction project comprising a set of solutions and proposals related to the use of capital to carry out land filling, land reclamation, and construction of technical infrastructure in accordance with the laws on construction in order to create land funds for use for socio-economic development, disaster prevention, and climate change adaptation purposes.

Investment activities in the construction of dyke works and natural disaster prevention include: dikes, anti-erosion embankments, wave reduction, sandbar formation, mangrove planting; storm shelters for boats; river mouth regulation works are not considered land reclamation activities. The formulation, appraisal, and approval of disaster prevention projects that are not land reclamation projects are carried out in accordance with specialized legal regulations. The management, exploitation, and use of land areas formed by sedimentation after construction are implemented in accordance with land law and other relevant laws.

2. The document approving the implementation of an investment project involving land reclamation includes one or more of the following documents: decision on investment policy, document approving investment policy, investment license, investment certificate, investment registration certificate, or other equivalent documents for a land reclamation investment project or an investment project with land reclamation items according to the provisions of the law on investment, public investment, and investment under the public-private partnership model.

3. Port areas, water areas in front of wharves, turning areas for ships, anchorage areas, transshipment areas, storm shelter areas, pilot boarding and disembarking areas, quarantine areas, shipping channels, and water areas for constructing other auxiliary works (as stipulated in point d, clause 3, Article 190 of the Land Law) are areas that have already been invested in and constructed with maritime transport infrastructure.

4. The content of the feasibility study report for a land reclamation investment project or a land reclamation component of an investment project shall be implemented in accordance with the provisions of the law on construction and this Decree, which must specify the location, area, boundary, and coordinates of the sea area; land reclamation costs; the progress of implementing the land reclamation works (in whole or in part) and the schedule of land use after the completion of the land reclamation works.

Land reclamation costs include: direct costs for carrying out construction activities of the works, construction activities serving the land reclamation according to the 1/500 detailed planning approved by the competent state authority, and other costs as prescribed by the law on construction.

5. The preparation and appraisal of feasibility study reports, approval of investment projects; preparation, appraisal, and approval of construction design; construction and acceptance of construction works of investment projects involving land reclamation or land reclamation components of investment projects are carried out in accordance with the provisions of construction law and this Decree, specifically as follows:

a) The specialized construction agency under the provincial People's Committee appraises the feasibility study report of the investment project for land reclamation or the land reclamation component of the investment project. Besides the appraisal content prescribed by construction law, the specialized construction agency under the provincial People's Committee also appraises the content regarding the determination of the total investment value of the construction of the land reclamation investment project or the land reclamation component of the investment project;

b) The specialized construction agency under the provincial People's Committee shall appraise the construction design after the basic design of works that are subject to appraisal by the specialized construction agency in accordance with construction law;

c) For projects using public investment capital, the authority to approve the project and construction design shall be implemented in accordance with the provisions of public investment law and construction law. For projects using state capital other than public investment and projects using other capital, the provincial People's Committee shall approve the project; the investor shall approve the construction design in accordance with construction law;

d) The organization of construction and acceptance of items or construction works of land reclamation investment projects or land reclamation items of investment projects shall be carried out in accordance with the provisions of construction law.

6. The investor of a land reclamation project or a land reclamation component of an investment project is responsible for requesting the competent state agency to issue a maritime notice in accordance with the law on maritime affairs.

7. An investment project involving land reclamation or a land reclamation component of an investment project that has been approved by the competent state agency serves as a basis for the competent state agency to decide to allocate the sea area for implementing land reclamation activities simultaneously with the allocation or lease of land for the investment project.

Article 73. Land allocation, land lease, and sea area allocation for implementing land reclamation activities

1. In cases where land is allocated or leased without auctioning land use rights to implement land reclamation projects or investment projects with land reclamation components, the procedures shall be carried out in accordance with the provisions of Clauses 2, 3, 4, and 6 of Article 44 of this Decree.

2. In the case of land allocation or land lease through the auction of land use rights to implement a land reclamation investment project or an investment project with a land reclamation component, the procedures shall be carried out in accordance with the provisions of Article 55 of this Decree.

3. The investor of a land reclamation investment project or an investment project with a land reclamation component, when submitting the application for land allocation, land lease, or sea area allocation, must attach the approved land reclamation investment project or the land reclamation component of the investment project approved by the competent state authority.

The provincial People's Committee decides on land allocation and land lease simultaneously with the allocation of the sea area for implementing the land reclamation activity. The investor of a land reclamation investment project or an investment project with a land reclamation component is not required to pay for the use of the sea area to implement the land reclamation activity.

4. Application for land allocation, land lease, and simultaneous allocation of sea areas to carry out land reclamation activities according to Form No. 12, Decision on land allocation with simultaneous allocation of sea areas to carry out land reclamation activities according to Form No. 13, Decision on land lease with simultaneous allocation of sea areas to carry out land reclamation activities according to Form No. 14 in the Annex issued together with this Decree.

5. The time to determine that the land user must put the land into use is calculated from the date of receiving the notice of acceptance results for the entire or part of the area that has completed land reclamation activities according to the schedule of the land reclamation investment project or the land reclamation item in the investment project.

Article 74. Acceptance of completion of land reclamation activities

1. The acceptance of the completion of land reclamation activities is carried out for the entire or part of the area that has completed land reclamation activities according to the progress of the land reclamation investment project or the land reclamation item of the approved investment project.

2. Inspection of the acceptance of the completion of land reclamation activities:

a) The specialized agency under the Provincial People's Committee conducts an inspection of the acceptance of the works of the land reclamation investment project or the land reclamation item of the investment project. The sequence and procedures for inspecting the acceptance of the completion of land reclamation activities are implemented in accordance with the provisions of construction law;

b) The investor of a land reclamation investment project or an investment project with a land reclamation component shall send a written request to the construction-specialized agency under the Provincial People's Committee to inspect the acceptance of the entire or part of the area that has completed land reclamation activities according to the schedule of the approved land reclamation investment project or the land reclamation component of the investment project;

c) Within 60 days from the date of receiving the written request, the construction-specialized agency under the Provincial People's Committee shall carry out the inspection of the acceptance of the completed land reclamation activities.

3. Based on the notice approving the acceptance results of the completed land reclamation investment project or the land reclamation component in the investment project by the construction-specialized agency under the Provincial People's Committee, the provincial land management authority is responsible for:

a) Determine and update the lowest average sea waterline over many years in reclaimed areas according to the current shoreline and topography at the time of determination and updating; submit to the provincial People's Committee for reporting to the Ministry of Natural Resources and Environment to update data and announce it in accordance with the law;

b) Determine and update the average high tide water level over many years, adjust the coastal protection corridor in reclaimed areas according to the current shoreline and topography at the time of determination and updating; submit to the provincial People's Committee for decision on supplementation and adjustment in accordance with the law.

Article 75. Determine land use fees and land lease fees

1. The determination of specific land prices for calculating land use fees and land lease fees shall be carried out in accordance with the provisions of the land law; in the case of applying the residual method to determine specific land prices, the estimation of total development costs must include the cost of land reclamation approved by the competent state authority in accordance with the provisions of Article 72 of this Decree; in case the total development costs are greater than the total development revenue, the difference shall be included in the costs of the land reclamation investment project or the investment project with a land reclamation component.

2. Within no more than 180 days from the date of completion of the land reclamation, the investor of the land reclamation investment project or the investment project with a land reclamation component must prepare a dossier proposing the settlement of land reclamation costs and submit it to the specialized construction agency under the Provincial People's Committee for appraisal.

Within a period not exceeding 90 days from the date of receiving the complete settlement dossier from the project investor for a land reclamation investment project or an investment project with a land reclamation component, the specialized construction agency under the provincial People's Committee shall settle the land reclamation costs and submit them to the provincial People's Committee for approval.

3. The handling of the difference between the actual settled cost of land reclamation and the land reclamation cost included in the total development cost when determining the specific land price in the case of applying the residual method (hereinafter referred to as the difference) is carried out as follows:

a) In case the settled land reclamation cost is less than the land reclamation cost included in the total development cost, the investor must pay the difference;

b) In case the settled land reclamation cost is greater than the land reclamation cost included in the total development cost, the difference is accounted for in the cost of the land reclamation investment project or the investment project with land reclamation components.

4. In case land is allocated or leased to implement a land reclamation investment project or an investment project with land reclamation components through the form of land use rights auction, the provisions in Clauses 2 and 3 of this Article do not apply.

Article 76. Issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land

1. For the land area that is not subject to land reclamation, after the investor has fulfilled financial obligations related to land, a Certificate shall be issued.

2. For the land area formed from land reclamation activities, the investor of the land reclamation investment project or the investment project with a land reclamation component, having fulfilled financial obligations related to land and received a notification approving the acceptance of completion of land reclamation activities as stipulated in Article 74 of this Decree, shall be issued a Certificate.

Section 4. CONCENTRATION AND ACCUMULATION OF AGRICULTURAL LAND

Article 77. Implementation of the concentration of agricultural land

1. Economic organizations and individuals implementing the concentration of agricultural land shall self-agree with land users on the following contents:

a) The method of concentration in accordance with the provisions of Clause 1, Article 192 of the Land Law applied to each land user and each land area;

b) The implementation time for agricultural land consolidation;

c) The proportion of land area that land users must contribute to build transportation roads and internal irrigation to ensure convenience for organizing agricultural production;

d) The plan to return land to land users after the completion of agricultural land consolidation; the land return must ensure the stability of the plan for using the consolidated agricultural land;

d) Rights and obligations of land users participating in agricultural land consolidation for each method of consolidation;

e) Other agreements according to legal regulations.

2. Economic organizations and individuals performing agricultural land consolidation must prepare a land use plan including the following contents:

a) Determine the scope, scale, location, and boundary of the agricultural land consolidation area;

b) Current land use status including: area, purpose, form, land use term, manager, and land user;

c) Determine the method of organizing agricultural production for the concentrated agricultural land area;

d) Propose land use for the land area managed by the State within the concentrated agricultural land area;

đ) Plan to complete the internal traffic and irrigation system, the field boundaries and plot boundaries; determine the area of land to be converted for traffic and internal irrigation purposes.

3. In cases where the land use term of the land plot is shorter than the land use term of the land use plan, the land user shall request the competent People's Committee to adjust the land use term to match the land use term of the land use plan; in the case specified in point a, clause 1, Article 172 of the Land Law, the land user is not required to carry out procedures to adjust the land use term.

4. The land management agency shall submit to the People's Committee at the same level to carry out the signing and issuance of the Certificate based on the land use plan approved by the competent authority; hand over the Certificate to the recipient; send one set of documents along with a copy of the issued Certificate to the Land Registration Office or its branch for the establishment and update of cadastral records and the land database.

Article 78. Implementation of agricultural land accumulation

1. Economic organizations carry out the accumulation of agricultural land through the following methods:

a) Receiving the transfer of agricultural land use rights;

b) Receiving capital contribution in the form of agricultural land use rights;

c) Receiving transfer of agricultural land use rights and receiving capital contribution in the form of agricultural land use rights.

2. Economic organizations carrying out the accumulation of agricultural land through the methods specified in points a and c, clause 1 of this Article must prepare a plan for the use of agricultural land in accordance with the provisions of clause 6, Article 45 of the Land Law and submit it to the district-level People's Committee.

Within 25 days from the date of receiving the agricultural land use plan of the economic organization, the district-level People's Committee shall issue a written approval; in case of disapproval, it must respond in writing and clearly state the reasons.

3. After the agricultural land use plan is approved, economic organizations shall carry out agreements with land users to receive the transfer of agricultural land use rights or receive capital contribution in the form of agricultural land use rights; land registration shall be carried out in accordance with the provisions of the Decree on basic land survey; registration and issuance of land use rights certificates, ownership of assets attached to land, and the land information system.

4. In case an organization receiving capital contribution in the form of agricultural land use rights is dissolved or goes bankrupt, the contributed land use rights shall be handled in accordance with the provisions of the law on dissolution and bankruptcy.

Section 5. REGIME OF DEFENSE AND SECURITY LAND USE

Article 79. Use of defense and security land

1. Users of defense and security land are units that directly manage and use defense and security land, including:

a) Units under the Ministry of National Defense, public service units, state-owned enterprises managed by the Ministry of National Defense, provincial and centrally-run municipal Military Commands, district, town, and city military commands under the province, cities under centrally-run municipalities, provincial and centrally-run municipal Border Guard Commands, Border Guard Stations, Border Port Guard Command, Border Guard Flotilla, commune-level military commands;

b) Units, public service units under the Ministry of Public Security, provincial/city police departments, district, town, city police under provinces, cities under central authority, police stations, commune, ward, township police, police of special administrative-economic units; state-owned enterprises managed by the Ministry of Public Security, and other organizations under the Ministry of Public Security established according to legal regulations.

2. Users of national defense and security land must use it for the purposes defined in the approved national defense land use planning and national security land use planning by the competent authority; they are allowed to use national defense and security land in combination with production labor activities, economic construction in accordance with the provisions of Article 201 of the Land Law and the regulations of this Decree.

3. Land for national defense and security managed by military units, police units, public service units belonging to the People's Army, People's Police, or state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security, which are currently managed and used but must be reclaimed and handed over to the local authority according to the provisions of Article 84 of the Land Law or according to the national defense land use plan or security land use plan, shall be handled as follows:

a) For the area of land that has been allocated to households of officers, professional soldiers, defense civil servants, defense workers and officials, police officers, non-commissioned officers, police workers, people working in signals work, and other personnel in the signals organization for residential use before July 1, 2014, and now conforms to the land use plan approved by the competent authority, the land users are entitled to be issued a Certificate of Land Use Rights and must fulfill financial obligations according to the regulations;

b) For land areas currently managed and used by joint-stock companies under the Ministry of National Defense and the Ministry of Public Security in accordance with Resolution No. 132/2020/QH14 dated November 17, 2020, of the National Assembly piloting certain policies to resolve difficulties and backlogs in the management and use of national defense and security land combined with labor production activities and economic construction, and Decree No. 26/2021/NĐ-CP dated March 25, 2021, of the Government detailing certain articles of Resolution No. 132/2020/QH14 dated November 17, 2020, of the National Assembly piloting certain policies to resolve difficulties and backlogs in the management and use of national defense and security land combined with labor production activities and economic construction, it shall be implemented according to the contracts signed with the Ministry of National Defense and the Ministry of Public Security.

In cases where a contract has not yet been signed with the Ministry of National Defense or the Ministry of Public Security, the following shall be carried out: For joint-stock companies in which the State holds more than 50% of the charter capital and which are managed by the Ministry of National Defense or the Ministry of Public Security, the land use plan approved by the Ministry of National Defense or the Ministry of Public Security shall be implemented; for joint-stock companies in which the State holds less than 50% of the charter capital and which are managed by the Ministry of National Defense or the Ministry of Public Security, the arrangement and handling of public assets plan approved by the competent authority shall be carried out.

Article 80. State management of defense and security land

1. The Ministry of National Defense and the Ministry of Public Security are responsible for coordinating with the Ministry of Natural Resources and Environment to assist the Government and the Prime Minister in state management of land nationwide; coordinating with the provincial-level People's Committees in the process of performing land management functions within the administrative management of localities; coordinating with ministries, sectors, and localities to develop national defense land use planning and security land use planning to ensure they meet the requirements of socio-economic development and strengthen national defense and security; reviewing and determining the boundaries of land used for national defense and security purposes; identifying the location and area of national defense and security land no longer needed for use to hand over to local management and use; updating and adjusting national defense land use planning and security land use planning in cases specified in Clause 2 and Clause 3, Article 84 of the Land Law.

2. The Minister of National Defense and the Minister of Public Security decide on the redistribution of defense and security land among users of defense and security land; and the conversion of land use purposes within defense and security land according to the defense land use planning and security land use planning approved by the competent authority.

3. The Minister of National Defense and the Minister of Public Security decide to approve or authorize the Head of units under the Ministry of National Defense or the Ministry of Public Security to approve the plan for using defense and security land in combination with labor production and economic construction activities.

Article 81. Subjects using defense and security land in combination with labor production and economic construction activities

1. Military units, police units, and public non-business units belonging to the People's Army and the People's Police.

2. State-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security.

3. Organizations and individuals are allowed to continue using defense and security land in combination with production labor and economic construction activities in accordance with the provisions of Clause 4, Article 260 of the Land Law.

Article 82. Principles for using defense and security land in combination with production labor and economic construction activities

1. Units and state enterprises managed by the Ministry of National Defense or the Ministry of Public Security, when using land in combination with production labor and economic construction activities associated with military, defense, and security tasks, must prepare a land use plan and must pay annual land use fees.

Cases of using land for national defense and security combined with labor production activities, economic construction to organize education; labor, rehabilitation, vocational guidance, vocational training for inmates; training, increasing production to improve living standards; logistical-technical support services are not required to pay land use fees.

2. The annual land use fee is determined based on the area of land used in combination with production labor and economic construction activities according to the approved plan, the land price according to the price table, the percentage of the annual land use unit price, and the proportion of revenue from activities outside the military, defense, and security tasks.

3. The revenues prescribed in this Decree must be fully and timely paid into the state budget and budgets for revenue and expenditure must be prepared in accordance with the provisions of the State Budget Law, prioritizing expenditure for military, defense, security tasks, and addressing arrears, regimes, and policies for individuals when reorganizing enterprises managed by the Ministry of National Defense and the Ministry of Public Security.

4. When land is needed to carry out military, defense, and security tasks, the Minister of National Defense and the Minister of Public Security shall decide to terminate the land use plan at units and enterprises managed by the Ministry of National Defense or the Ministry of Public Security; the relevant organizations and individuals must hand over the land to the units and enterprises managed by the Ministry of National Defense or the Ministry of Public Security to perform military, defense, and security tasks. The handling of assets and any arising constructions (if any) shall be carried out according to the approved land use plan and the provisions of the relevant law.

Article 83. Responsibilities of the Minister of National Defense and the Minister of Public Security in the management and use of defense and security land combined with labor production and economic construction activities.

1. Submit to the agency or competent authority for issuance or issue according to authority and organize the implementation of legal normative documents on the management and use of national defense and security land combined with labor production and economic construction activities.

2. Decide or regulate the delegation to the Heads of units under the Ministry of National Defense and the Ministry of Public Security to approve or terminate plans for the use of national defense and security land combined with labor production and economic construction activities; plans for handling projects, land lease contracts, or joint venture or cooperation contracts that have been implemented in accordance with the provisions in Clause 4, Article 260 of the Land Law.

3. The organization of reviewing national defense and security land combined with labor production and economic construction activities in the process of preparing and adjusting national defense and security land use planning is carried out according to the following regulations:

a) For land with high economic value that is no longer needed for military, defense, or security purposes, it is necessary to report to the Prime Minister for consideration and decision on converting the land use purpose, to coordinate with the Provincial People's Committee to organize the auction of land use rights.

Land with high economic value as specified in this point refers to land valued at 500 billion VND or more, calculated according to the land price in the land price table decided by the Provincial People's Council based on the purpose of use shown in the approved planning;

b) For land that is no longer needed for military, defense, or security purposes, it shall be handed over to the Provincial People's Committee for socio-economic development and managed according to legal regulations, except in cases specified in point a of this clause;

c) For land necessary for military, defense, and security purposes that is being used by a joint-stock enterprise undergoing equitization or divestment, it shall be implemented according to the plan for rearranging and handling houses and land approved by the competent authority.

4. Organizations shall develop a plan for rearranging and handling houses and land at enterprises undergoing equitization or divestment in accordance with the law.

5. Coordinate with the provincial People's Committee to organize the auction of land use rights and assets attached to the land according to the plan for rearranging and handling houses and land approved in accordance with the law.

6. Organize the collection and submission to the state budget of the following amounts:

a) Annual land use fees when using land for defense and security combined with production labor activities and economic construction as prescribed in this Decree;

b) Proceeds from the auction of land use rights and assets attached to the land in accordance with the law.

c) Money collected from the equitization and divestment of state capital in enterprises managed by the Ministry of National Defense and the Ministry of Public Security as prescribed by law.

7. Organizations prepare state budget estimates for military, national defense, and security tasks, resolving backlogs, regimes, and policies for beneficiaries when reorganizing enterprises managed by the Ministry of National Defense and the Ministry of Public Security using revenue specified in Clause 6 of this Article, following the procedures prescribed by state budget law.

Article 84. Rights and obligations of units and enterprises managed by the Ministry of National Defense and the Ministry of Public Security when using defense and security land combined with labor, production activities, and economic construction.

1. Rights and obligations of units and enterprises assigned to be managed by the Ministry of National Defense or the Ministry of Public Security when using defense and security land combined with labor production and economic construction activities shall be implemented in accordance with the provisions of Clause 3, Article 201 of the Land Law. When using defense and security land combined with labor production and economic construction activities, a land use plan must be prepared and submitted to the competent authority for approval in accordance with the provisions of this Decree.

2. Leasing, mortgaging, or contributing capital with assets attached to land must be carried out according to the plan approved by the Minister of National Defense and the Minister of Public Security; ensuring efficiency, strictness, and not affecting the performance of military, defense, and security tasks. In cases of buying or selling assets attached to land, handling mortgaged assets, or contributed assets, this may only be carried out in banks with state capital shares or banks with capital contributed by state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security; ensuring confidentiality requirements regarding military, defense, and security.

Article 85. Cases of using national defense and security land in combination with labor production activities or economic construction are not required to pay annual land use fees.

Military units, police units, and public service units under the People's Army or People's Police, except for public service units that can self-finance regular expenses and investment expenses, when using national defense and security land combined with labor production and economic construction activities (including when cooperating with state-owned enterprises managed by the Ministry of National Defense or Ministry of Public Security for implementation) primarily serving the unit's tasks and falling into one of the following cases, are not required to pay annual land use fees:

1. Using national defense and security land combined with labor production and economic construction activities to organize agricultural and forestry production, salt making, aquaculture, and seafood processing.

2. Using national defense and security land combined with labor production and economic construction activities to organize logistics and technical support services including:

a) Libraries, museums; theaters, radio, television, and cinema facilities; press, printing, and publishing facilities; guesthouses, official residences; medical facilities, pharmacies, nursing homes, rest homes, rehabilitation centers; internal canteens;

b) Research, development, production, and repair facilities for military and professional equipment, technical means, support tools; facilities for producing military uniforms; experimental production facilities; facilities for military exhibitions and trade promotion, military diplomacy, security;

c) Facilities for maintenance and repair of vehicles, machinery, ships, boats, aircraft, technical equipment; warehouses, supply stations, distribution points for gasoline and oil; yards and parking areas for transport vehicles (including aircraft), professional technical equipment; facilities for fisheries logistics services; locations for installation, security, and safety assurance for equipment of postal, telecommunications, information technology, electricity, and banking services serving military, defense, and security tasks.

3. Using defense and security land combined with labor production and economic construction activities to organize labor, education, reform, and training includes:

a) Educational institutions; facilities for sports competitions and training; training centers and professional training centers;

b) Labor and vocational training areas for prisoners;

c) Workshops for prisoner labor reform;

d) Facilities serving the daily life of officers, soldiers, cadets, and prisoners.

4. The Minister of National Defense and the Minister of Public Security shall provide detailed regulations on this Article.

Article 86. Cases of using national defense and security land combined with production labor activities and economic construction must pay annual land use fees

1. Public service units belonging to the People's Army or the People's Public Security that self-finance regular and investment expenses, and state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security using national defense and security land combined with production labor activities and economic construction.

2. Cases of using national defense and security land combined with production labor activities and economic construction that are not covered by the cases specified in Clauses 1, 2, and 3 of Article 85 of this Decree.

3. The Minister of National Defense and the Minister of Public Security shall provide detailed regulations on this Article.

Article 87. Annual land use fees

1. Annual land use fee when using land for national defense and security combined with labor, production activities, and economic construction is determined according to the following formula:

Annual land use fee = Area of land used in combination with labor, production activities, and economic construction according to the approved plan × Land price according to the land price table × Annual land use rate % × Annual revenue rate % from non-military, defense, and security tasks. Where:

a) Land area used in combination with labor production and economic construction activities does not include areas such as: internal traffic roads, canteens, kitchens, housing, offices, security houses, garages, green spaces, safety corridors, weapon testing grounds, training areas, taxiways, aircraft parking areas, runways, aircraft areas, aircraft hangars, terminals, land serving the airport’s air static operations, facilities serving airport patrol and security, airport control towers, and other essential facilities serving flight operations, sports areas, traditional houses, cultural houses, community activity houses, kindergartens, production teams, nurseries, guest houses, rest houses for officials and employees, worker housing, and other areas that do not generate profit;

b) The purpose of combined use is determined according to the type of land specified in Article 9 of the Land Law. In case the land is used for multiple purposes and the boundaries of land use between purposes cannot be determined, the purpose of combined land use is determined according to the land type with the highest price;

c) Land prices according to the land price table are determined based on the combined purpose of use in the year of land use fee collection as stated in the land price table decided by the Provincial People's Council;

d) The annual percentage rate (%) of land use unit price is applied according to the percentage (%) to calculate the land lease unit price for one year in the year of land use fee collection as prescribed by the Government's Decree on land use fees and land rent. In case there is a fluctuation in the percentage (%) of land use unit price during the year, the highest level shall be applied;

đ) The annual percentage (%) of revenue outside military, national defense, and security tasks is determined based on the annual financial report of the unit or enterprise.

2. The time for calculating annual land use fees

a) The first year is calculated from the first day of the month following the approval decision of the land use plan or the disposal plan by the Minister of National Defense or the Minister of Public Security, and lasts until December 31 of that year.

In the case that the land use plan or the disposal plan ends within the first year, the annual land use fee is calculated from the first day of the month following the approval decision of the land use plan or the disposal plan by the Minister of National Defense or the Minister of Public Security, until the last day of the month in which the land use plan or the disposal plan ends.

In the year when the land is used in combination with labor production activities or economic construction, if that land must serve military, national defense, or security tasks without generating profit, the unit or enterprise is exempted corresponding to the time period during which the military, national defense, or security tasks are performed.

b) From the second year, it is calculated from January 1 to December 31 each year;

c) The ending year is calculated from January 1 to the last day of the month in which the land use plan or disposal plan ends.

3. Within 30 days from the date of receiving the notice of financial obligations from the Ministry of National Defense or the Ministry of Public Security, the unit or enterprise is responsible for fully paying the financial obligations as prescribed.

4. The Minister of National Defense and the Minister of Public Security are responsible for assigning the competent agencies to guide the collection and payment of annual land use fees in accordance with the provisions of this Decree for state units and enterprises managed by the Ministry of National Defense or the Ministry of Public Security.

Article 88. Formulation, appraisal, and approval of the plan for the use of defense and security land combined with labor, production activities, and economic construction

1. Military units, police units, public service units belonging to the People's Army, People's Police, and state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security, when using national defense and security land combined with labor, production, and economic construction activities, are responsible for reviewing and preparing land use plan dossiers, including:

a) Land use plan, including: basis, necessity of developing the plan; current status of land use, assets associated with the land; content, location, area, purpose, form, duration of defense and security land use combined with production labor activities, economic construction; assessment of the impact of land use combined with production labor activities, economic construction on the fulfillment of military, defense, and security tasks; assessment of the conformity with defense and security land use planning; proposed plan for handling assets associated with the land created when ceasing defense and security land use combined with production labor activities, economic construction; socio-economic and environmental efficiency; measures for implementation;

b) A copy of the decision on the location of troop deployment or a copy of the decision on the allocation of housing and land facilities; a copy of the decision on the detention scale (if any); a copy of the certificate of land use rights or the land allocation decision (if any);

c) A diagram of the current status of the land area;

d) Copies of related documents regarding the use of defense and security land combined with labor, production, and economic construction activities (if any).

2. For military units, police units, public service units under the People's Army, the People's Police, and state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security, a Submission Report must be prepared along with the land use plan dossier prescribed in Clause 1 of this Article and sent to the agency delegated by the Ministry of National Defense or the Ministry of Public Security for appraisal.

3. For military units, police units, and public service units belonging to the People's Army, the People's Police, or state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security that have a directly subordinate superior unit, a land use plan file must be prepared in accordance with the provisions of Clause 1 of this Article and reported to the directly subordinate superior unit of the Ministry of National Defense or the Ministry of Public Security.

Within 20 days from the date of receiving the land use plan file, the directly subordinate superior unit of the Ministry of National Defense or the Ministry of Public Security is responsible for reviewing and preparing a submission to propose the approval of the land use plan to the agency assigned by the Ministry of National Defense or the Ministry of Public Security to appraise it.

4. In the case that the file is invalid, within 5 working days from the date of receiving the file, the agency assigned by the Ministry of National Defense or the Ministry of Public Security for appraisal is responsible for returning the file and clearly stating the reasons in writing.

5. The appraisal and approval procedure for land use plans that must pay annual land use fees for defense land; land use plans for security land are carried out as follows:

a) Within 30 days from the date of receiving a valid land use plan dossier, the agency assigned by the Ministry of National Defense or the Ministry of Public Security to appraise is responsible for organizing the appraisal;

b) In case the land use plan dossier meets the requirements, the agency assigned by the Ministry of National Defense or the Ministry of Public Security to appraise is responsible for submitting it to the Minister of National Defense or the Minister of Public Security for consideration and decision;

c) In case the land use plan dossier does not meet the requirements, the agency assigned by the Ministry of National Defense or the Ministry of Public Security to appraise must issue an appraisal document to the unit submitting the land use plan for adjustment and completion.

Within 20 days from the date of receiving the appraisal document, agencies under the Ministry of National Defense and the Ministry of Public Security shall direct affiliated units and enterprises to study and incorporate the appraisal opinions to revise and complete the land use plan dossier for submission to the Minister of National Defense and the Minister of Public Security for consideration and approval;

d) Within 07 working days from the date of receiving the land use plan dossier, the Minister of National Defense and the Minister of Public Security shall decide to approve the defense and security land use plan combined with labor, production, and economic construction activities.

6. The contents of the land use plan appraisal include:

a) The necessity of using defense and security land combined with labor, production, and economic construction activities and ensuring the fulfillment of military, national defense, and security tasks;

b) Current status of land use, assets attached to the land; content, location, area, purpose, form, duration of defense and security land use combined with labor production and economic construction activities;

c) Assessment of the impact of land use combined with labor production and economic construction activities on the fulfillment of military, defense, and security tasks;

d) Suitability with the defense and security land use planning;

đ) Plan for handling assets attached to the land created when ceasing the use of defense and security land combined with labor production and economic construction activities;

e) Socio-economic and environmental efficiency;

g) Implementation solutions.

7. The Minister of National Defense and the Minister of Public Security are responsible for assigning functional agencies, units, and enterprises to organize implementation and guide the development of plans and forms to execute the provisions of this Article.

Article 89. Revenue collection and expenditure content from the use of land for national defense and security combined with labor, production, and economic construction activities

1. The Minister of National Defense and the Minister of Public Security are responsible for directing the collection and payment into the state budget of the annual land use fees of units and enterprises to the state budget and must prepare revenue and expenditure estimates in accordance with the provisions of the State Budget Law.

2. Expenditure content

a) Expenses for compensation, relocation support, and site clearance when land for national defense and security is recovered and overlapping areas are issued during the issuance of land use right certificates, or when the State recovers land to allocate to the Ministry of National Defense or the Ministry of Public Security for management and use but without an investment project; support for relocating households and individuals from national defense and security land properties when they do not meet the conditions for transfer to local management and handling; support for relocating households and individuals from national defense and security land areas that have been encroached upon, cultivated, or settled illegally; construction of anti-encroachment works; management and protection of national defense and security land;

b) Expenses for compensating the remaining book value of assets on national defense and security land of enterprises undergoing restructuring, equitization, or divestment according to the approved plan;

c) Compensation for the remaining value of assets attached to the land in case the project, joint venture, or partnership contract continues to be implemented but the State recovers the land before the term of the signed project or contract for the purpose of socio-economic development for national interests and public benefits;

d) Expenses for resolving policy regimes for workers; handling outstanding financial amounts when reorganizing or equitizing in cases where enterprises have no capital to resolve due to performing political, military, or national defense tasks that resulted in arrears;

d) Expenses for implementing investment projects in national defense and security construction; expenses for building infrastructure, labor workshops, purchasing equipment for prisoner rehabilitation labor, and vocational training for prisoners;

e) Expenses for supplementing the charter capital that is still lacking according to the decision approved by the competent authority; investing in enhancing production capacity in national defense and security for state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security; expenses for developing national defense and security career activities;

g) Expenses for army and police rear service policies; activities of gratitude and commemoration; national defense and security foreign affairs work;

h) Expenses for supporting the construction of infrastructure, workshops, purchasing equipment to carry out revenue-generating activities on defense land;

i) Expenses for other national defense and security tasks when approved by the competent authority according to the provisions of law.

Article 90. Management of the funds obtained from the use of defense and security land in combination with labor production activities and economic construction

1. Units and state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security are responsible for fully and timely submitting the land use fees for defense and security land combined with labor production activities and economic construction to the temporary account opened at the State Treasury, with the account managed by the Finance Department under the Ministry of National Defense or the Planning and Finance Department under the Ministry of Public Security.

2. The Ministry of National Defense and the Ministry of Public Security shall submit all proceeds from the use of defense and security land combined with production, labor, and economic construction activities to the state budget as prescribed.

3. Annually, based on the amount collected from the use of defense and security land combined with production, labor, and economic construction activities that has been paid to the state budget, the Ministry of National Defense and the Ministry of Public Security shall prepare the state budget expenditure estimate and submit it to the Ministry of Finance for consolidation and reporting in accordance with the provisions of the State Budget Law.

Section 6. LAND USE REGIME

Article 91. Land for concentrated livestock farming, cultivation, production, and processing of agricultural, forestry, aquaculture, and seafood products

1. Projects for concentrated livestock farming, cultivation, production, and processing of agricultural, forestry, aquaculture, and seafood products on a large scale are projects with an area of 100 hectares or more, then the State shall recover the land in accordance with Clause 23, Article 79 of the Land Law to lease to investors.

2. Projects for concentrated breeding, planting, production, and processing of agricultural, forestry, aquatic, and seafood products that are not stipulated in clause 1 of this Article shall have investors negotiate with land users in accordance with the provisions of Article 127 of the Land Law to implement the project.

3. The planning of concentrated breeding, planting, production, and processing areas for agricultural, forestry, aquatic, and seafood products must ensure the following requirements:

a) Promote the development of agriculture, forestry, and fisheries in multiple districts, multiple provinces, or economic regions across the country;

b) Concentrate infrastructure systems used collectively in a synchronous manner from production to processing stages;

c) Use land efficiently and economically, ensuring disaster prevention and environmental protection.

4. Responsibilities of investors in infrastructure business for concentrated farming, cultivation, production, and processing of agricultural, forestry, aquatic, and seafood products shall be carried out in accordance with the provisions of Article 93 of this Decree.

Article 92. Land for building apartment complexes

1. Land for building apartment complexes includes residential land for constructing apartment buildings, apartment buildings with mixed purposes for living and offices, commercial, and service facilities (hereinafter collectively referred to as apartment buildings), construction of works directly serving the lives of residents in the apartment complex, and land for constructing community-serving works according to the construction planning approved by the competent authority.

2. Investors of projects for building apartment complexes and apartment buildings who are allocated land, leased land, or granted Certificates of Land Use Rights for the land area within the project according to the following provisions:

a) For the area of land used for constructing apartment buildings and land used for infrastructure works by the investor for business purposes according to the approved investment project and detailed construction planning, the investor shall be allocated land by the State, leased land, fulfill financial obligations, and be issued a Certificate of Land Use Rights in accordance with the law. In the case of apartment buildings with mixed-use purposes, where a portion of the apartment floor area is used as offices, commercial, or service establishments, the primary purpose of the land used for constructing the apartment building is determined as residential land;

b) For land areas used for traffic roads and other infrastructure serving residents inside and outside the apartment complex, as well as apartment buildings, which the investor does not use to conduct business services according to the investment project, the investor is granted land or leased land by the State for management and construction of works without having to pay land use fees or land lease fees; a Certificate of Land Use Rights will not be issued; the land area must be handed over to local authorities for management after the construction is completed according to the investment project, detailed construction planning, and the land allocation or lease decision of the competent state agency.

3. Land use rights and the issuance of Certificates of Land Use Rights in projects for building apartment complexes or apartment buildings for sale, or for sale combined with lease, are carried out according to the following provisions:

a) The land area that belongs to the common use rights of the owners of condominiums, office spaces, commercial and service premises within a condominium building (hereinafter collectively referred to as apartments) includes the land area for constructing the condominium building block, for making yards, planting flowers and greenery around the building, and land for constructing infrastructure works outside the condominium building that directly serve the condominium, which the investor hands over to the apartment owners to self-organize management and use according to the investment project. The investor is responsible for clearly determining the location, boundaries, and land area belonging to the common use rights in the investment project, detailed construction planning, and building floor plans to submit to the competent authority for approval; and in the house sale contracts and as-built construction drawings for procedures to issue Certificates to the purchasers;

b) The land use rights stipulated in point a of this clause are commonly used; the usage and disposition of these land use rights are decided by the persons who share the land use rights according to the majority and must serve the common interest of the community, in accordance with the provisions of the law;

c) The apartment owner is issued a Certificate for the apartment area and the common-use land area specified in point a of this clause for a long-term stable period;

d) When issuing a Certificate to the apartment buyer, the certificate previously issued to the investor as prescribed in Clause 2 of this Article must be adjusted to reflect the change to common-use land for the land area specified in point a of this clause.

The land area belonging to the project for building the apartment complex and remaining apartments, other than the land area specified in point b of Clause 2 and point a of this clause, belongs to the use rights of the investor.

Article 93. Land in industrial zones and industrial clusters

1. Public non-business units that are leased land by the State to invest in the construction of industrial park and industrial cluster infrastructure, as stipulated in Clause 2, Article 202 of the Land Law, are allowed to sublease land associated with the infrastructure. In cases where public non-business units are assigned land by the State to implement projects investing in the construction of industrial park and industrial cluster infrastructure, the competent People's Committee shall allocate or lease land within the industrial park or industrial cluster in accordance with the provisions of the Land Law.

2. Responsibilities of investors in the construction and business of industrial park and industrial cluster infrastructure

a) When signing land lease or sublease contracts, they must specifically determine the land use schedule according to the project implementation progress; check, monitor, and urge the lessee or sublessee to put the land into use according to the progress stipulated in the contract;

b) Annually, investors in the construction and business of industrial park and industrial cluster infrastructure are responsible for reporting to the Provincial People's Committee and publicly disclosing the area of land that has not been leased or subleased within the industrial park or industrial cluster on the investor's electronic information page and the electronic portal of the Provincial People's Committee where the land is located.

3. In the case that the lessee or sublessee does not put the land into use, or delays putting the land into use compared to the schedule agreed upon in the land lease or sublease contract, except in cases of force majeure, the investors in the construction and business of industrial park and industrial cluster infrastructure have the following responsibilities:

a) Require the lessee or sublessee to take measures to put the land into use;

b) Report to the Provincial People's Committee on cases where land is not put into use or is put into use late and make it public on the electronic information portal of the Provincial People's Committee.

4. In cases where the investor in building and operating industrial park or industrial cluster infrastructure has implemented the measures specified in Clause 3 of this Article, but the lessee or sub-lessee still does not put the land into use or delays its use as prescribed in Clause 8, Article 81 of the Land Law, the investor may unilaterally terminate the land lease or sublease contract and recommend that the competent People's Committee recover the area of land violated by the lessee or sub-lessee to hand it over to the investor for the construction and operation of industrial park or industrial cluster infrastructure.

The handling of rights and obligations between the investor constructing and operating the infrastructure of industrial parks and industrial clusters and the party leasing or subleasing land shall be carried out in accordance with civil law regulations.

5. In the case of land lease or sublease from investors who develop and operate industrial or industrial cluster infrastructure before the effective date of this Decree, except in cases of force majeure, the competent People's Committee shall recover the land in the following cases:

a) Not putting the land into use, delaying the use of the land for more than 24 months compared to the schedule specified in the approved investment project or the land use schedule agreed upon in the land lease or sublease contract;

b) Not putting the land into use, delaying the use of the land for more than 24 months from the date of issuance of the land use right certificate in cases where the land lease or sublease contract does not specify the land use schedule.

6. The procedures for land recovery in the cases specified in clauses 4 and 5 of this Article shall be carried out in accordance with the provisions of Article 32 of this Decree.

7. The area of land for constructing infrastructure used commonly within industrial parks and industrial clusters is not required to pay land rent as stipulated in Clause 3, Article 202 of the Land Law, and includes traffic works, electricity supply systems, water supply, drainage, telecommunications, green land, water surface used commonly for the entire area, and wastewater treatment works within the industrial parks and industrial clusters.

8. The People's Committees at the provincial and district levels are responsible for organizing the implementation of inspections and audits according to their authority and handling cases of land lease or sublease within industrial parks and industrial clusters where the land is not put into use or the land use progress is delayed.

Article 94. Land used for economic zones

1. The authority to manage land for functional areas within economic zones shall be exercised by the People's Committees at various levels in accordance with the provisions of the land law.

2. The recovery of land, agreement on land use rights, and land use rights for implementing investment projects in functional zones within economic zones are carried out as follows:

a) For projects that fall under the land recovery cases stipulated in Article 79 of the Land Law, the land recovery is carried out according to the procedures and processes stipulated in Article 87 of the Land Law;

b) For projects that fall under the agreement on receiving land use rights as stipulated in Article 127 of the Land Law, the procedures and processes are carried out according to Article 60 of this Decree;

c) For projects that fall under the case of already having land use rights as stipulated in Article 127 of the Land Law, the procedures and processes for changing land use purposes to implement the investment project are carried out according to Clauses 2, 3, 4, and 6 of Article 44 of this Decree.

3. The allocation and lease of land in the economic zone are carried out as follows:

a) In the case of land allocation or land lease without auctioning the land use rights to implement an investment project, the procedures shall be carried out in accordance with the provisions of Clauses 2, 3, 4, and 6 of Article 44 of this Decree;

b) In the case of land allocation or land lease through auctioning the land use rights to implement an investment project, the procedures shall be carried out in accordance with the provisions of Article 55 of this Decree.

4. The provincial and district-level People's Committees are responsible for organizing the inspection and supervision within their authority and handling violations regarding the cases where the State allocates or leases land within the functional areas of economic zones.

Article 95. Land used for high-tech zones

1. Land used for high-tech zones is land serving high-tech activities. The establishment and implementation of the management and use regime of high-tech zone land must comply with the provisions of the law on high technology, the land law, and relevant laws.

2. For high-tech zones with technical infrastructure systems fully invested and constructed by the state budget, the Provincial People's Committee shall allocate land or lease land to land users in the high-tech zone.

3. For high-tech zones with technical infrastructure systems partly invested by the state budget and partly by the investor for infrastructure construction and business, the Provincial People's Committee shall carry out land allocation and leasing in the high-tech zone according to the following provisions:

a) Allow investors to build and operate infrastructure by leasing land for the construction of technical infrastructure systems and land used for public purposes according to the sub-zone construction plan within the scope of the investment project for building and operating infrastructure. Investors building and operating infrastructure are allowed to lease the infrastructure they have invested in after completing the construction in a coordinated manner according to the approved project stages;

b) For the area serving production and business investment projects, excluding the land area specified in point a of this clause, the Provincial People’s Committee shall allocate or lease land to land users within the high-tech zone.

4. For high-tech zones that are not funded by the state budget for the construction of technical infrastructure systems, the following provisions shall be applied:

a) The provincial-level People's Committee allows investors to construct and operate infrastructure by leasing land, collecting annual land rent or collecting a one-time land rent for the entire lease period to carry out infrastructure investment projects. Investors who build an infrastructure system are allowed to sublease the land on which they have built a synchronized technical infrastructure system according to the approved investment project stages;

b) For the portion of land leased with annual rent payments, investors who construct and operate infrastructure have the right to sublease the land with annual rent payment; for the portion of land leased with a one-time payment for the entire lease period, investors who construct and operate infrastructure have the right to sublease the land either with a one-time payment for the entire lease period or with annual rent payments.

c) Investors who build and operate infrastructure and have been leased land by the State to invest in building and operating high-tech park infrastructure under the form of annual land rent payments have the right to switch to the form of a one-time land rent payment for the entire lease term for all or part of the land area leased by the State.

5. For the portion of the land area used to build infrastructure shared within the high-tech park, including traffic works, electricity supply system, water supply, drainage, telecommunications, green land, water surfaces used commonly for the entire park, and wastewater treatment works according to the construction planning approved by the competent authority, investors who build and operate infrastructure are not required to pay land rent.

6. Investors in the construction and business of high-tech park infrastructure, and land users in high-tech parks, are responsible for simultaneously complying with the provisions of the land law and the law on high-tech parks.

Investors in the construction and business of infrastructure as specified in Clause 3 of this Article must fulfill responsibilities similar to those of investors in the construction and business of industrial park and industrial cluster infrastructure as stipulated in Clauses 2, 3, 4, 5, and 6 of Article 93 of this Decree.

Article 96. Land used for airports and civil aviation airports

1. Based on the approved airport and civil aviation airport planning, the provincial People's Committee shall take the lead and coordinate with the Ministry of Transport and the Ministry of National Defense to determine the boundaries of land areas used exclusively for civil activities, land areas used jointly for civil and military activities managed by the military or by civil authorities.

2. The provincial People's Committee shall carry out the allocation of land and lease of land for airports and civil aviation airports according to the following regulations:

a) Land shall be allocated without a land use fee to build state agency offices, units of the people's armed forces, airport infrastructure works, and other auxiliary airport works owned by the State, in accordance with the order and procedures specified in Clause 3 and Clause 6, Article 44 of this Decree;

b) Land shall be leased to construct items belonging to airport infrastructure and aviation services, non-aviation services not falling under the case specified in point a of this clause, through the auction of land use rights, and the order and procedures shall be carried out according to the provisions of Article 229 of the Land Law and Article 55 of this Decree.

In cases of land lease that are not subject to approval of investment policy or investor approval under investment law, the procedures for land lease shall be carried out in accordance with the provisions at Clauses 2, 4, and 6 of Article 44 of this Decree.

In cases where land lease falls under the category of investment policy approval, investor approval according to investment law; land lease that is not subject to land use right auction, not subject to bidding for selecting investors to implement projects using land, and cases of land lease through bidding to select investors to implement projects using land shall follow the procedures and processes prescribed in Article 49 of this Decree;

c) The area of land handed over to the Airport Authority for management under the provisions of point c, clause 2, Article 208 of the Land Law is the area of land that has been recovered, compensated, supported, and resettled by the State to implement the planning of airports and civil aerodromes but has not yet been allocated or leased;

d) When there is a need to invest in the construction of new works or to upgrade, expand existing works according to the airport planning approved by the competent state authority within the land managed by the Airport Authority, the provincial-level People's Committee shall carry out land recovery for allocation or lease in accordance with regulations.

3. Within 90 days from the effective date of this Decree, the Aviation Authority is responsible for reviewing and reporting to the Provincial People's Committee the land area that has been allocated, leased, and the remaining land area that has not been allocated or leased within the total land area assigned to the Aviation Authority by the State.

4. For land on which existing works are being exploited and used stably, but no longer conform to the airport or airfield planning approved by the competent authority, the Provincial People’s Committee shall lease the land on the basis of the land lease application, with the lease term on an annual basis until the State recovers the land as prescribed by law.

5. The Civil Aviation Authority is responsible for implementing measures to manage the land that has been allocated for management by the Provincial People’s Committee as stipulated in Point c, Clause 2 of this Article to ensure security and safety for aviation activities; coordinating with People’s Committees at all levels to implement land management at airports and civil airfields.

Article 97. Land for constructing works, areas with safety protection corridors

1. The management and use of land in the case of current use of land within the safety protection corridor of works and areas are regulated as follows:

a) Land users shall be granted a Certificate in cases where they meet the conditions for being issued a Certificate in accordance with the provisions of the law;

b) In cases where the State recovers land to protect the safety of works or areas, land users shall be compensated, supported, and resettled in accordance with the provisions of the law if the use of the land and assets attached to the land existed before the announcement of the safety protection corridor of the works or areas;

c) In cases where the operation of the works directly affects the life or health of land users, the state management agency in charge of the works shall consider the actual conditions or request specialized agencies with the function of assessing the level of impact. If land recovery is necessary, it shall propose that the competent People's Committee decides on the land recovery. Landowners whose land is recovered shall be compensated, supported, and resettled in accordance with the provisions of the law.

2. Agencies and organizations directly managing the works or areas with safety protection corridors are responsible for leading and coordinating with the Commune People's Committee and the district-level land management authority in the areas where the works or areas are located to review the current land use within the safety protection corridors of the works or areas, in order to propose that the competent state authorities handle cases of land use within the safety protection corridors of the works or areas.

3. Handling cases of land encroachment or occupation of works or areas with safety protection corridors shall be carried out in accordance with the law on handling administrative violations.

4. Temporary use of land for the construction of works or areas with safety protection corridors shall be agreed upon by the construction unit and the land user in accordance with civil law provisions.

Article 98. Land for the construction of underground works

1. The use of land for the construction of underground works must have an investment project, with the project items approved by a competent state authority in accordance with the provisions of investment law, construction law, urban planning law, and architecture law.

2. In the case of using land to construct above-ground works to serve the operation and exploitation of underground works in accordance with planning and land use plans, the State shall recover the land in accordance with clause 30, Article 79 of the Land Law to allocate or lease the land to investors for the construction of underground works.

3. The order and procedures for land allocation and land lease for the construction of above-ground works to serve the operation and exploitation of underground works shall be carried out in accordance with the provisions of Article 49 of this Decree.

4. The land use term for the construction of underground works shall be determined in accordance with the provisions of Article 171 and Article 172 of the Land Law.

5. The authority to allocate land and lease land for the construction of underground works shall be carried out in accordance with the provisions of Article 123 of the Land Law.

6. The type of land for constructing underground works shall be determined according to the intended use specified in Article 9 of the Land Law and Article 5 of this Decree, regardless of the type of land identified on the surface.

7. For underground space, the provisions are as follows:

a) Investors shall organize the construction of works underground in accordance with the provisions of the construction law;

b) The competent People's Committee shall direct the specialized agency in construction to organize the acceptance of underground works in accordance with the provisions of the laws on construction and surveying, and to make maps of underground works in accordance with the provisions of the laws on surveying and mapping;

c) The authority competent to grant the Certificate as stipulated in Article 136 of the Land Law shall issue the Certificate to the project investor for the area of land occupied by above-ground construction for the operation and exploitation of the underground works; certify ownership of the underground works if the project investor requests.

Article 99. Land use combined for multiple purposes

1. Multi-purpose land use is the use of a portion of the land area designated for the primary land use purpose for another purpose as prescribed in Article 218 of the Land Law. The primary land use purpose is the purpose of the land plot allocated by the State, leased by the State, recognized for land use rights, and currently used stably with eligibility for a Land Use Right Certificate.

2. Scope and conditions for multi-purpose land use

a) Using land for combined purposes does not fall under the case of land use purpose conversion as prescribed in Article 121 of the Land Law;

b) The land area used for combined purposes must not exceed 50% of the land area used for the primary purpose, except for residential land used for multi-purpose combination;

c) Construction works on agricultural land for multi-purpose land use must have a suitable scale and nature, and be easy to dismantle. The land area for constructing works for combined purposes on rice land and forestry land shall comply with the provisions of the Decree detailing rice land and forestry law. Land with water surfaces must not be filled in a way that changes the flow, surface area of water, or water depth;

d) The construction or renovation of works for combined purposes must comply with the provisions of construction law and other relevant laws;

đ) The land use period for combined purposes must not exceed the remaining land use term of the main purpose.

3. Content of the plan for combined land use for commercial and service purposes

a) Information about the land user;

b) Information about the land plot or area currently used for the main purpose, including: location, area, purpose of use, form of land use (Land allocated by the State without collecting land use fees; Land allocated by the State with collection of land use fees; Land allocated or leased by the State with exemption from land use fees or land lease fees; Land leased by the State with payment of land lease fees in a single payment for the entire lease period; Land leased by the State with annual land lease payment; land acquired through legal transfer of land use rights from other organizations or individuals); land use term (long-term term, remaining land use term in the case of land use with a limited term);

c) Information on the area of combined land use, including: location, area, purpose of use, duration of combined use;

d) Plan for construction and renovation of works in cases of land use for combined purposes with construction works, including new construction works and renovation of existing works;

d) Plan for dismantling works and restoring in order to meet the conditions for land use for the main purpose when the period of use for combined purposes ends;

e) Commitments and measures in accordance with relevant legal regulations to ensure no impact on national defense and security; minimize impacts on natural ecosystem conservation, biodiversity, and environmental landscape; and not affect the use of adjacent land plots;

g) Diagrams and maps related to land plots or land areas used for combined purposes.

4. Records, procedures, and procedures for approving plans for multi-purpose combined land use

a) The dossier includes: a written request for multi-purpose land use according to Form No. 15 in the Appendix issued together with this Decree; a multi-purpose land use plan; a previously issued certificate or one of the types of documents specified in Article 137 of the Land Law;

b) Individuals who need to use land for multiple purposes submit 01 set of documents to register for multi-purpose land use to the district-level land management authority. The district-level land management authority shall preside and coordinate with relevant departments to appraise the multi-purpose land use plan and submit it to the District People's Committee. The District People's Committee is responsible for considering and approving the multi-purpose land use plan. The time for appraising and approving the multi-purpose land use plan shall not exceed 15 days from the date of receiving a complete and valid dossier. In the case of disapproval, a written response must be provided clearly stating the reasons;

c) Organizations that need to use land for multiple purposes shall submit one set of combined land use registration documents to the provincial land management authority. The provincial land management authority shall take the lead and coordinate with relevant departments and agencies to appraise the combined land use plan and submit it to the Provincial People's Committee. The Provincial People's Committee is responsible for reviewing and approving the combined land use plan. The time for appraising and approving the combined land use plan shall not exceed 15 days from the date of receiving a complete and valid application. In case of disapproval, a written response stating the reasons must be provided.

5. Land area used in combination for commercial and service purposes; non-agricultural production facilities; activities in mineral exploitation; construction of postal, telecommunications, technology, information infrastructure; outdoor advertising; solar power must pay annual land rent.

The land price to calculate land rent is the land price in the land price table decided by the provincial People's Council.

In cases where the land is used for the main purpose and has already paid land use fees and land rent, only the difference in land use fees and land rent between the main land use purpose and the combined purpose must be paid.

The procedures for calculating, collecting, and paying the land use fees and land rent for combined purposes are implemented in accordance with the provisions of the Decree regulating land use fees and land rent.

6. The extension of the plan for multi-purpose combined land use is carried out as follows:

a) Before the combined land use period expires plus 30 days, if the land user wishes to extend it, they shall send a written request for the extension of the combined land use plan to the competent authority specified in Clause 4 of this Article;

b) Within no more than 07 working days from the date of receiving the request, the competent People's Committee is responsible for reviewing and extending the combined land use plan;

c) The review and extension of the combined land use plan shall be based on the requirements stipulated in Clause 2, Article 218 of the Land Law.

7. During the combined land use, if the land user does not continue to use the land according to the approved plan, they must submit a written document to the competent People's Committee specified in Clause 4 of this Article and must restore the land to meet the conditions for continued use for the main purpose as prescribed.

When the land use term for combined purposes expires and is not extended, organizations and individuals using the land are responsible for restoring it to meet the conditions for land use for the main purpose according to the approved plan.

8. In the case of public service units using houses or works attached to land allocated by the State, which are invested in construction or purchased to perform tasks assigned by the State but have not yet been fully used for business, leasing, joint ventures, or cooperation according to the provisions of the law on public assets, they are not required to switch to land lease but shall comply with the provisions of the law on management and use of public assets.

Article 100. Contributing land use rights, readjusting land to implement investment projects

1. Conditions for land participating in contributing land use rights

a) The land area of the land user participating in the contribution of land use rights as prescribed in Clause 3, Article 219 of the Land Law must have a certificate of land use rights or meet the conditions for issuance of a Certificate;

b) The land area managed by state agencies or organizations as prescribed in Clause 5, Article 219 of the Land Law does not exceed 30% of the total land area of the land use rights contribution project and does not meet the conditions to be separated into an independent project as prescribed in Clause 2, Article 127 of the Land Law.

2. In the case of contributing land use rights as prescribed in Point c, Clause 2, Article 219 of the Land Law, after the land adjustment, the contributor is entitled to receive land use rights or ownership of houses or constructions according to the land use rights contribution plan and the approved land adjustment.

The implementation of the plan to contribute land use rights and readjust land for this case must establish a project in accordance with the provisions of Clause 6, Article 219 of the Land Law. The selection of the investor is carried out in accordance with the provisions of the law on investment.

3. The contribution of land use rights and land readjustment is carried out as follows:

a) Land users within the area proposed for the contribution of land use rights and land readjustment shall discuss, reach consensus, sign a cooperation contract; the selection of the investor to implement the plan for contributing land use rights and land readjustment shall be a representative of the land users or a joint venture, linked with another legally established investor.

b) The investor shall develop a plan for contributing land use rights and readjusting land in accordance with the provisions of Clause 4, Article 219 of the Land Law and submit it to the competent People's Committee specified in Point b, Clause 3, Article 219 of the Land Law.

In case it is necessary to prepare a project for contributing land use rights and readjusting land, it shall be implemented in accordance with the provisions of investment law;

c) The competent People's Committee specified in Point b, Clause 3, Article 219 of the Land Law shall approve the plan for contributing land use rights and readjusting land.

In case of concentrating agricultural land for production as prescribed in Point a, Clause 2, Article 219 of the Land Law, the plan for contributing land use rights and readjusting land shall be approved by the district-level People's Committee for the case of individuals contributing land use rights; and by the provincial-level People's Committee for cases where the contributors are organizations.

Within 30 days from the date of receiving the plan for contributing land use rights and adjusting land, the competent-level People's Committee must issue an approval document; in case of disapproval, it must respond in writing and clearly state the reasons.

The procedures for preparing and approving the project for contributing land use rights and adjusting land are carried out in accordance with the provisions of investment law;

d) The competent-level People's Committee shall organize the auction of land use rights for the land area specified in point b, clause 5, Article 219 of the Land Law. The auction of land use rights is conducted according to the provisions in Section 4, Chapter VI of this Decree. The revenue from the auction of land use rights shall be used to implement the project;

đ) The competent-level People's Committee shall direct the reception of technical infrastructure, social infrastructure, environmental, and public service items for management, serving the community as a whole.

4. The land management agency shall submit to the People's Committee at the same level to carry out the signing and issuance of the Land Use Right Certificate based on the plan for contributing land use rights, adjusting land that has been approved by the competent authority; hand over the Certificate to the recipient; transfer one set of the dossier along with one copy of the issued Certificate to the Land Registration Office or Branch of the Land Registration Office to create and update cadastral records and land database.

Chapter VIII. MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE; SPECIALIZED INSPECTION OF LAND

Article 101. Monitoring and evaluating land management and use

1. Monitoring and evaluation for state land management agencies includes the following contents:

a) Propaganda and dissemination of land law;

b) Organize the implementation of the Land Law and guiding documents for its enforcement;

c) Surveying, preparing cadastral maps and specialized land maps; registering, compiling cadastral records, building land databases; issuing Certificates; statistics and land inventory;

d) Formulating, adjusting, and implementing land use plans and planning;

dd) Land recovery, compensation, support, and resettlement when the State recovers land; developing the land fund;

e) Allocating land, leasing land, and converting land use purposes;

g) Developing, adjusting, amending, and supplementing land price tables, determining specific land prices;

h) Performing administrative procedures and public services related to land;

i) Resolving disputes, complaints, and denunciations in management and land use;

k) Inspecting, checking, and handling violations of land laws.

2. Monitoring and evaluating compliance with land law by land users includes the following contents:

a) The fulfillment of obligations by land users, including: land registration; using land for the correct purpose, within the correct cadastral boundaries; fulfilling financial obligations related to land; complying with regulations when exercising the rights of land users;

b) The situation of land law violations in the area, including: land encroachment, land occupation, land destruction; using land for inappropriate purposes; not putting land into use or delays in land use progress for investment projects.

3. Inspection and supervision of actual land management and usage are carried out as follows: Annually, based on the registration declarations, reports from land users, reports from agencies with functions of land management at all levels, and the situation of land management and use in the area, the Ministry of Natural Resources and Environment and the People's Committees at all levels develop plans and organize inspections of state management of land and the use of land by land users.

4. The subjects for monitoring and evaluation under the responsibility of the Ministry of Natural Resources and Environment as stipulated in point a, clause 4, Article 232 of the Land Law include:

a) Investment projects with a land use scale of 30 hectares or more in urban areas and 50 hectares or more in rural areas; investment projects for the construction and operation of golf courses; industrial cluster projects; airport, seaport projects, and land reclamation projects;

b) Organizations currently using land with a land use scale of 50 hectares or more in urban areas and 100 hectares or more in rural areas.

5. The registration of land and reporting on the management and use of land by land users are carried out as follows:

a) Land users are responsible for registering land as stipulated in Article 132 and Article 133 of the Land Law;

b) Domestic organizations and economic organizations with foreign-invested capital are responsible for reporting annually on the management and use of land.

The report content includes: the name of the land-using organization; the address of the land plot; the area of the land plot (clearly specifying the area of land being used for the correct purpose; the area of land used for incorrect purposes; the area of land not yet used; the area of land encroached, occupied, under dispute, joint venture, linked, rented, or lent in violation of regulations); documents on land use rights; the fulfillment of financial obligations related to land; proposals and recommendations (if any).

6. Reporting time

a) Organizations using land to implement projects stipulated in point a, clause 4, Article 232 of the Land Law and clause 4 of this Article shall report to the Ministry of Natural Resources and Environment and the People's Committees at all levels before December 31 of each year.

The remaining land-using organizations report to the People's Committees at all levels before December 31 each year;

b) The commune-level People's Committee reports to the district-level People's Committee before January 10 of the following year;

c) The district-level People's Committee reports to the provincial-level People's Committee before January 20 of the following year;

d) The provincial People's Committee shall report to the Ministry of Natural Resources and Environment before January 30 of the following year;

d) Based on the reports from the provincial People's Committees, the Ministry of Natural Resources and Environment shall compile and report to the Prime Minister before March 1 of the following year.

7. Reporting form

The report on the land use situation by land users is carried out on the monitoring and evaluation system for land management and use as stipulated in Article 233 of the Land Law.

During the period when there is no monitoring and evaluation system for land management and use, land users shall report in writing following the guidance of the Ministry of Natural Resources and Environment, sent to the agencies specified in Clause 6 of this Article either by direct submission to the agencies, through public postal services, or on the national or provincial public service portal.

8. The monitoring and evaluation reports on land management and use by the Ministry of Natural Resources and Environment and People’s Committees at all levels must reflect the following contents:

a) Assessment of the organization of land management implementation in the locality; results of implementing the land management contents specified in Clause 1 of this Article within their authority;

b) Assess the compliance with land law and the efficiency of land use by land users in the area as stipulated in Clause 2 of this Article;

c) Assess the impact of land policies and laws on the economy, society, and environment in the area;

d) Evaluate and rank the land management work of the state land management agency according to the contents prescribed in Clauses 1 and 2 of this Article following the criteria issued by the Ministry of Natural Resources and Environment;

dd) Propose and recommend improvements in land management and use efficiency.

Article 102. Provision and reflection of information on land management and use

The provision and reflection of information on land management and use shall be carried out as follows:

1. Agencies with land management functions, and officials performing cadastral work at the commune level, are responsible for reporting and providing complete, accurate, timely, and objective information on land management and use; the results of implementing projects and plans on land management to the People's Committee at the same level and the higher-level land management agency to update into the monitoring and evaluation system regarding land management and use.

2. Ministries, sectors, and relevant agencies are responsible for reporting and providing complete, accurate, timely, and objective information related to land management and use within the scope of their management responsibilities.

3. Organizations and individuals report complete, accurate, timely, and objective information on land management and use to the land management agency and People's Committees at all levels to update into the monitoring and evaluation system regarding land management and use.

Article 103. Grounds, authority, responsibility, content, and form of specialized land inspection

1. Grounds for inspection

a) Annual periodic inspection plan;

b) Directives from agencies or persons with state management authority over land;

c) Information reflecting feedback or recommendations from organizations, individuals, or mass media about violations of the law in land management and use;

d) When violations by officials, public employees, or civil servants in land management during the performance of their duties are detected.

2. Authority to issue inspection plans, decide on inspections, and responsibility for implementation

a) The Minister of Natural Resources and Environment, the heads of agencies with specialized land management functions under the Ministry of Natural Resources and Environment, shall issue inspection plans and decide on inspections regarding the land sector nationwide.

The People's Committees at all levels, heads of agencies with land management functions under the People's Committees at all levels shall issue inspection plans and make decisions to inspect the land sector within their management scope;

b) The Ministry of Natural Resources and Environment and agencies with specialized land management functions under the Ministry of Natural Resources and Environment; agencies with provincial and district-level land management functions; officials, civil servants, and public employees performing land management functions are responsible for carrying out specialized land inspections;

c) The head of the inspection team, the team leader of the inspection group, and the person assigned to the inspection task shall announce the inspection decision or the document appointing the inspector; organize the inspection in accordance with the content of the inspection decision; assign specific tasks to members of the inspection team or inspection group; be responsible to the person who issued the inspection decision, the document appointing the inspector, and to the law for the inspection activities; properly exercise the authority of the head of the inspection team, the team leader of the inspection group, civil servants, and public employees performing their duties as prescribed by law.

Members of the Inspection Team and the Inspection Group are responsible for carrying out inspection tasks according to the assignments and direction of the Head of the Inspection Team and the Head of the Inspection Group in accordance with the content of the inspection decision; they propose to the Head of the Inspection Team and the Head of the Inspection Group to implement necessary measures to ensure that the inspection activities are effective and comply with the law.

3. Forms and methods of inspection

a) Land sector inspection is carried out according to the annual or sudden plan; it is conducted in the form of establishing an Inspection Team or in writing appointing an Inspection Group or assigning individuals the inspection tasks;

b) The inspection plan must be issued before December 31 of the previous year to carry out periodic inspection activities; decisions and documents for sudden inspections when there are grounds as prescribed in Clause 1 of this Article. The annual inspection plan must ensure it does not overlap in content, subjects, or scope with the land inspection plan;

c) The organization of inspections can be carried out in various forms, including: conducting inspections at the inspection site, sending documents to the inspecting agency, holding online meetings regarding the inspection content, or other forms (if any).

4. The land inspection content specified in point a, clause 4, Article 234 of the Land Law includes:

a) Inspect the compliance with land law of People’s Committees at all levels; agencies with land management functions at all levels; officials and public employees belonging to agencies with land management functions at all levels, and officials in charge of cadastral work at the commune level;

b) The allocation of resources and other conditions to ensure the implementation of land law; the practice of statistics, reporting, archiving, construction, and management of land databases.

5. Specialized land inspection activities must ensure no overlap with inspection activities, do not affect the normal activities of agencies, organizations, and individuals; there must be coordination with the relevant agencies.

6. Responsibility for reporting inspection results and the authority to issue inspection conclusion notifications

a) The head of the inspection team, the team leader of the inspection group, and the person assigned the inspection task are responsible for reporting the inspection results;

b) The person authorized to decide on inspections according to point a, clause 2 of this Article is responsible for issuing the Inspection Conclusion Notice or authorizing the Head of the inspection team to issue it.

7. Inspection funding is arranged from the state budget. The preparation, management, use, and settlement of inspection funding are carried out in accordance with the provisions of the law on the state budget.

8. The person authorized according to clause 2 of this Article directs the development of plans and organizes the implementation of specialized land inspections according to the functions, tasks, and powers of the unit.

Article 104. Procedures and processes for conducting inspections

1. Decision on inspection, establishment of an Inspection Team or appointment of an Inspection Group, appointment of individuals to perform inspection tasks

a) Based on the annual periodic inspection plan, directives from the agency, the competent state management authority on land, and depending on the purpose, requirements, and nature of the inspection, the competent authority specified in point a, clause 2, Article 103 of this Decree decides to establish an Inspection Team or appoint an Inspection Group, or assign individuals to carry out the inspection tasks;

b) The Inspection Team includes the Team Leader, Deputy Team Leader (if any), and members; the Inspection Group includes the Group Leader and members; in cases where the case content is not complicated and quick report information is required, individual persons may be assigned to carry out the inspection tasks;

c) The establishment of the Inspection Team, appointment of the Inspection Group, or assignment of individuals to carry out inspection tasks shall be carried out in the form of issuing a decision or other administrative documents;

d) The duration for conducting an inspection shall not exceed 30 days. During the inspection, the Head of the inspection team has the right to extend the inspection period once, but not exceeding 07 working days.

2. Develop an inspection plan, outline the reporting requirements:

a) The head of the inspection team and the team leader of the inspection group are responsible for directing the organization to prepare the plan, outline, and report requirements to be sent to the inspection subject. In the case of assigning someone to carry out the inspection task, the person performing the inspection task shall agree on the inspection plan with the inspection subject without having to prepare an inspection plan.

In the case of a sudden inspection, it is not necessary to develop an inspection plan and the inspection target is not required to report before the inspection is conducted;

b) The entity being inspected is responsible for reporting according to the outline or as requested by the Inspection Team, the Inspection Group, or the person performing the inspection task before the inspection decision is announced and the inspection is carried out at the facility.

3. The Inspection Team, Inspection Group, or the person performing the inspection task conducts the inspection as follows:

a) Announce the inspection decision, inspection documents, and the document appointing the inspector, and carry out the inspection immediately after the announcement;

b) Collect dossiers, study documents, work with relevant organizations and individuals, conduct on-site inspections; if necessary, request relevant organizations or individuals to provide additional dossiers and documents, or clarify any unclear matters; record the results of the work in a written minutes;

c) Prepare a report on the inspection results, draft the Inspection Conclusion Notice, and submit it to the competent authority for decision on the inspection as specified in point a, clause 2, Article 103 of this Decree within 15 days from the date the inspection period ends as stated in the decision, inspection document, or document appointing the inspector.

The inspection result report and draft Inspection Conclusion Notice must reflect the following content: inspection results, assessment of compliance or non-compliance with the law; recommendations and proposals for handling measures.

4. Within 10 days from the date of receiving the inspection result report and draft Inspection Conclusion Notice, the competent authority making the inspection decision as stipulated in point a, clause 2, Article 103 of this Decree must sign the Inspection Conclusion Notice or issue documents to handle the recommendations of the Inspection Team, Inspection Group, or assigned inspector.

The inspection conclusion notice or the document handling the inspection results must clearly state the time of implementation and the results, sent to the inspected party and publicly announced for implementation.

5. Organization of the implementation of the inspection conclusion notice and the document handling the inspection results

a) From the date of receiving the inspection conclusion notice or the handling document, the inspected party, agencies, organizations, and related individuals are responsible for organizing the implementation and reporting the results as required in the inspection conclusion notice or handling document;

b) The person issuing the inspection decision, the inspection team, the inspection group, and the person performing the inspection task are responsible for monitoring and urging the implementation of the inspection conclusion notice and handling document;

c) Inspecting the implementation of the inspection conclusion notice and handling document.

When the time limit for implementing the Inspection Conclusion Notice, handling document expires, the competent authority authorized to decide on the inspection as prescribed in point a, clause 2, Article 103 of this Decree shall consider issuing decisions and documents to inspect the implementation of the Inspection Conclusion Notice and the handling document.

The maximum inspection period is 05 working days from the start date of the inspection. If the inspection content is complex or the inspection scope is broad, the maximum inspection period is 15 days from the start date of the inspection. At the latest, within 03 working days from the end of the inspection, the person assigned to carry out the inspection shall be responsible for reporting the inspection results to the authority issuing the inspection decision.

Chapter IX. RESOLVING LAND DISPUTES AND LAND LAW VIOLATIONS IN THE PERFORMANCE OF ADMINISTRATIVE DUTIES IN THE FIELD OF LAND

Article 105. Land dispute mediation procedures

1. Upon receiving a request for land dispute mediation, the commune-level People's Committee is responsible for performing the following tasks:

a) Within 03 working days from the date of receiving the request, the commune-level People's Committee must notify in writing the parties involved in the land dispute and the Land Registration Office or the Branch of the Land Registration Office where the disputed land is located about the acceptance of the land dispute mediation request. In case of non-acceptance, a written notice must be issued stating the reasons;

b) Inspect and verify the causes of the dispute, collect relevant documents and materials provided by the parties regarding the origin of the land, the process of land use, and the current state of land use;

c) Establish a Land Dispute Mediation Council to carry out mediation as prescribed in point b, clause 2, Article 235 of the Land Law. Depending on the specific case, representatives of the community as stipulated in clause 3, Article 6 of the Land Law; respected individuals in the clan where they live or work; those with legal knowledge and social understanding; village elders, religious dignitaries, people familiar with the case, commune-level justice and civil status officials; representatives of the Farmers' Association, Women's Union, Veterans' Association, Ho Chi Minh Communist Youth Union at the commune level; other relevant individuals or organizations may be invited to participate in the Land Dispute Mediation Council;

d) Organize a mediation meeting with the participation of the disputing parties, members of the Land Dispute Mediation Council, and persons with related rights and obligations.

Mediation can only be carried out when all disputing parties are present. In the case that one of the disputing parties is absent for the second time, it is considered that the mediation has failed.

2. The results of land dispute mediation must be made into minutes, including the following contents: the time and place of the mediation; the participants in the mediation; a summary of the dispute showing clearly the origin, the time of use of the disputed land, and the cause of the dispute according to the verification results; the opinions of the Land Dispute Mediation Council; the contents that the disputing parties have agreed upon or not agreed upon.

The minutes of the mediation must be signed by the Chairman of the Council and the disputing parties. If the minutes consist of multiple pages, each page must be signed and stamped by the commune-level People's Committee and immediately sent to the disputing parties while also being kept at the commune-level People's Committee.

3. Within 10 days from the date of drawing up the successful conciliation minutes, if the disputing parties have written opinions different from the contents agreed in the conciliation minutes, the Chairman of the commune-level People's Committee shall organize another meeting of the Conciliation Council to consider and resolve the additional opinions and must draw up minutes of successful or unsuccessful conciliation.

4. In the case of unsuccessful conciliation, the commune-level People's Committee shall guide the disputing parties to send an application to the competent authority for the next dispute resolution.

5. The funding support for land dispute conciliation work stipulated in this Article shall be carried out in accordance with the provisions of the state budget law.

Article 106. Procedures for resolving land disputes under the authority of the Chairman of the district-level or provincial-level People's Committee

1. Persons requesting resolution of a land dispute shall submit the application at the competent People's Committee.

2. The Chairman of the competent People's Committee is responsible for:

a) Within 05 working days from the date of receiving the application, must notify in writing the parties to the land dispute and the Land Registration Office or the Branch of the Land Registration Office, and the commune-level People's Committee where the disputed land is located about the acceptance of the application for land dispute resolution; in case of non-acceptance, must notify in writing and clearly state the reason;

b) Assign the responsibility to the advisory agency for resolution.

3. The advisory agency is responsible for verifying and investigating the case, organizing reconciliation between the disputing parties, convening meetings of relevant departments and agencies to advise on resolving the land dispute (if necessary), and completing the file to submit to the Chairman of the same-level People's Committee to issue the decision on resolving the land dispute. The land dispute resolution file includes:

a) Application for land dispute resolution;

b) The minutes of reconciliation at the commune-level People's Committee; minutes of meetings with the disputing parties and relevant persons; minutes of inspection of the current status of the disputed land; minutes of meetings of relevant departments and agencies to provide advice on land dispute resolution in cases where reconciliation fails (if any); minutes of reconciliation during the dispute resolution process;

c) Extracts from maps, cadastral records, remote sensing image data over the periods related to the disputed land area (if any) and documents serving as evidence in the dispute resolution process;

d) Proposal reports and draft decisions on dispute resolution or draft decisions recognizing successful reconciliation.

4. The chairman of the competent-level People's Committee shall issue a decision on dispute resolution or a decision recognizing successful reconciliation and send it to the disputing parties, organizations, and individuals with related rights and obligations.

5. Time for carrying out land dispute resolution procedures

a) The time for carrying out land dispute resolution procedures under the authority of the Chairman of the District People's Committee shall not exceed 45 days from the date of receipt of the application for land dispute resolution;

b) The time for carrying out land dispute resolution procedures under the authority of the Chairman of the Provincial People's Committee shall not exceed 60 days from the date of receipt of the application for land dispute resolution;

c) For mountainous, border communes; islands; areas with difficult socio-economic conditions; areas with particularly difficult socio-economic conditions, the time specified in points a and b of this clause shall be extended by 10 days.

Article 107. Procedures for resolving land disputes under the authority of the Minister of Natural Resources and Environment

1. The person who has an application for land dispute resolution shall send the application to the Minister of Natural Resources and Environment.

2. After receiving the request for resolving land disputes, the Minister of Natural Resources and Environment has the responsibility to:

a) Within 05 working days from the date of receiving the application, must notify in writing the parties to the land dispute and the Land Registration Office or the Branch of the Land Registration Office, and the commune-level People's Committee where the disputed land is located about the acceptance of the application for land dispute resolution; in case of non-acceptance, must notify in writing and clearly state the reason;

b) Assign the unit with the advisory function to handle the matter. The assigned unit shall proceed to collect and study the documents; organize reconciliation between the disputing parties; if necessary, submit to the Minister of Natural Resources and Environment for a decision to establish a working team to conduct verification and investigation of the case locally; complete the dossier to submit to the Minister of Natural Resources and Environment to issue a decision on resolving the land dispute.

3. The file for resolving land disputes includes:

a) Application for land dispute resolution;

b) Minutes of meetings with the disputing parties, with relevant organizations and individuals; minutes of inspection of the current status of the disputed land; minutes of conciliation during the dispute resolution process;

c) Extracts from maps, land records, remote sensing image data over the periods relevant to the disputed land area (if any), files, and documents serving as evidence during the process of resolving land disputes at the local level;

d) Proposal reports and draft decisions on dispute resolution or draft decisions recognizing successful reconciliation.

4. The Minister of Natural Resources and Environment issues a decision to resolve the dispute or a decision to recognize successful conciliation and sends it to the disputing parties, relevant organizations, and individuals vested with rights and obligations.

5. The time for carrying out the procedure for resolving land disputes under the authority of the Minister of Natural Resources and Environment shall not exceed 90 days from the date of receipt of the application for land dispute resolution.

Article 108. Grounds for resolving land disputes in cases where the disputing parties do not have land use rights documents, enforcement of decisions on land dispute resolution

1. Land disputes in cases where the disputing parties do not have certificates of land use rights or do not have one of the types of documents prescribed in Article 137 of the Land Law shall be resolved based on the following grounds:

a) Evidence of the origin and the process of land use provided by the disputing parties;

b) The actual land area that the disputing parties are using in addition to the disputed land area and the average land area per local resident;

c) The conformity of the current use of the disputed land plot with the land use planning and plans approved by the competent state authorities;

d) Preferential policies for people with meritorious services to the revolution and their relatives;

d) Legal provisions on land allocation, land lease, and recognition of land use rights.

2. Submitting a request for enforcement of the decision on land dispute resolution

If, after 30 days from the effective date of the land dispute resolution decision, none or any of the parties fail to comply, the party entitled to enforce the land dispute resolution decision shall submit a request for enforcement of the land dispute resolution decision to the district-level People's Committee where the land is located.

3. Issuing a decision to forcibly implement the land dispute resolution decision

a) Within 15 days from the date of receiving the request for enforcement of the land dispute resolution decision, the Chairman of the district-level People's Committee where the disputed land is located shall issue a decision to forcibly implement the land dispute resolution decision;

b) The coercive enforcement decision must be executed within 10 days from the date the person subjected to coercion receives the enforcement decision or from the date the commune-level People's Committee records the absence of the person subjected to coercion or the refusal of the person subjected to coercion to receive the enforcement decision, except in cases where the enforcement decision stipulates a longer period.

4. Principles of coercive enforcement in implementing land dispute resolution decisions

a) Coercion must be carried out publicly, democratically, objectively, ensuring order and safety, and in accordance with the provisions of the law;

b) The time to start enforcing coercive measures is during working hours. Coercion shall not be carried out from 10:00 PM of the previous day to 6:00 AM of the following day; on rest days, public holidays as prescribed by law, traditional holidays of ethnic communities; within 15 days before and after the Lunar New Year holiday, and other special cases that seriously affect security, politics, social order, safety, customs, and local practices.

5. Enforcement of decisions on resolving land disputes is carried out when the following conditions are met:

a) The decision on resolving the land dispute has taken legal effect, but the parties or any of the disputing parties do not comply with the decision, and the People's Committee at the commune level, or the Vietnam Fatherland Front Committee at the commune level where the disputed land is located, has made efforts to mobilize and persuade them without success;

b) The decision to enforce the resolution of the land dispute has been publicly posted at the headquarters of the commune-level People's Committee, the common activity area of the residential community where the disputed land is located;

c) The decision to enforce the resolution of the land dispute has come into effect;

d) The person subject to coercion has received the enforcement decision.

In cases where the person subjected to coercion refuses to receive the coercion decision or is absent when the coercion decision is delivered, the commune-level People's Committee shall make a record.

6. Procedure and process for implementing the enforcement decision

a) Before carrying out the enforcement, the Chairman of the district-level People's Committee decides to establish the Enforcement Implementation Committee;

b) The enforcement committee is responsible for preparing an enforcement plan to submit to the district-level People's Committee for approval. The enforcement plan must include the following basic contents: the purpose and requirements of the enforcement; the time, location, and schedule for carrying out the enforcement; the means and tools for serving and supporting the enforcement; the participants and forces involved in the enforcement; the coordinating components; the budget for implementing the enforcement; the plan for safeguarding assets removed from the enforcement site (if any); and the responsibilities for implementation;

c) The committee for implementing coercion mobilizes, persuades, and dialogues with the person being coerced.

In the case where the person subject to coercive enforcement complies with the decision on the resolution of land disputes, the Coercive Enforcement Committee shall make a record noting the compliance; the implementation of the contents in the decision on the resolution of land disputes shall be carried out immediately after the record is made under the supervision of the Coercive Enforcement Committee.

d) The Enforcement Committee has the right to require the person under enforcement and related individuals to leave the enforced land area and remove their assets from the enforced land; if they do not comply, the Enforcement Committee is responsible for moving the person under enforcement and related individuals along with their assets out of the enforced land.

In cases where the person under enforcement refuses to receive the assets, the Enforcement Committee must record the situation in minutes, organize the safeguarding of assets according to legal regulations, and notify the asset holder to retrieve the assets.

7. The composition of the Enforcement Committee includes:

a) The Chairman or Vice Chairman of the district-level People's Committee as the Head of the Committee;

b) Members representing district-level agencies, including: agencies responsible for land management, construction, inspection, and justice; representatives of the leadership of the Commune-level People's Committee where the land is located; and other members decided by the Chairman of the district-level People's Committee.

8. The provincial-level People's Committee shall allocate funding to carry out the enforcement of the decision on resolving land disputes.

9. The time for carrying out the procedures for enforcing the decision on resolving land disputes specified in Clauses 3, 6, and 8 of this Article shall not exceed 45 days from the date the enforcement decision on resolving the land dispute comes into effect.

Article 109. Acts of violating land law while performing official duties in the field of land

1. Violations of regulations on dossiers and administrative boundary markers include the following acts:

a) Falsifying location diagrams, coordinate tables, or handover minutes of administrative boundary markers;

b) Planting administrative boundary markers in the wrong location on the ground.

2. Violations regarding the establishment, adjustment, approval, and management of land use planning and plans include the following acts:

a) Failing to timely organize the preparation and adjustment of land use planning and plans as prescribed;

b) Preparing and approving land use planning and plans not in accordance with the prescribed contents;

c) Not complying with regulations on organizing the solicitation of opinions during the process of preparing land use planning and plans;

d) Decisions and approvals of land use planning and plans beyond the authorized authority;

e) Reviewing and adjusting land use planning and plans not according to principles and not based on prescribed grounds.

e) Failure to publish or incorrectly publishing land use planning and plans; failure to review, evaluate adjustments, cancel, and publicly announce the adjustment or cancellation of land recovery or the cancellation of land use purpose conversion for areas identified in the annual land use plan at the district level after 2 consecutive years of non-implementation; failure to report on the implementation of land use planning and plans.

3. Violations of regulations on land recovery, compensation, support, and resettlement include the following acts:

a) Recovering land in cases not prescribed under Articles 78, 79, 81, and 82 of the Land Law;

b) Recovering land for national defense, security purposes; socio-economic development for national and public interest without a valid basis or without meeting the prescribed conditions.

c) Failing to notify the landowners in advance according to regulations; not properly following the procedures for land recovery, compensation, support, and resettlement as stipulated in the Land Law;

d) Recovering land without the proper authority; not targeting the correct subjects;

dd) Carrying out compensation, support, and resettlement for incorrect subjects, incorrect land areas, or incorrect levels of compensation, support, and resettlement for the landowners; falsifying land recovery records; incorrectly determining the location and area of land to be recovered on the ground;

e) Coercively executing compulsory measurement decisions, coercively executing land recovery decisions without following proper principles or meeting conditions; issuing coercive decisions without proper authority; the procedures for implementing coercive decisions are not in accordance with regulations and responsibilities are not properly executed in carrying out land recovery coercive decisions.

4. Violations of regulations regarding land requisition include the following acts:

a) Carrying out compensation incorrectly for the wrong subjects, land area, compensation amount, and compensation period for those whose land is requisitioned;

b) Wrongful land requisition as prescribed in Article 90 of the Land Law.

5. Violations of regulations on land allocation, land lease, and conversion of land use purposes include the following acts:

a) Allocating land, leasing land, or converting land use purposes without proper grounds, or without meeting the conditions as prescribed;

b) Allocating land or leasing land that is currently managed or used by someone when the competent state agency has not yet decided on land acquisition, or has not completed compensation, support, and resettlement according to legal regulations, except in cases of transferring real estate projects under the law on real estate business;

c) Allocating land or leasing land not in accordance with the actual location and area of the land on the ground;

d) Allocating land, leasing land, or allowing conversion of land use purposes beyond authority or to the wrong subjects;

e) Allocating land or leasing land without complying with the provisions of Articles 124, 125, and 126 of the Land Law;

e) Allow the use of land to implement socio-economic development projects through agreements on land use rights or currently holding land use rights not in accordance with the provisions of Article 127 of the Land Law.

6. Violations of regulations on registration and issuance of certificates of land use rights include the following acts:

a) Failing to prepare a complete cadastral file as prescribed, not updating and recording changes fully and timely when land users carry out administrative procedures related to land or at the request of the competent state authority;

b) Confirming the origin of the land when registering and issuing a certificate of land use rights in violation of legal regulations;

c) Issuing a certificate of land use rights to an inappropriate land user, with incorrect land area, incorrect location, insufficient conditions for issuance, incorrect purpose of land use, or incorrect land use term;

d) Correcting, recalling, or canceling land use rights certificates that were issued without proper authority or to the wrong subjects;

d) Issuing land use rights certificates or confirming changes in cases of registration of fluctuations without proper authority or not meeting the conditions according to regulations.

7. Violations related to land finance include the following acts:

a) Calculating land use fees or land rent based on incorrect grounds or at incorrect times according to regulations; exempting or reducing land use fees or land rent for incorrect subjects;

b) Using land valuation bases and input information to determine land prices incorrectly according to the provisions of the law;

c) Determining specific land prices not in accordance with deadlines, principles, conditions, or methods as prescribed;

d) Failing to promptly issue annual land price tables;

đ) Applying specific land prices or land price tables to incorrect subjects according to legal regulations;

e) Deciding land prices beyond the authority according to regulations.

8. Violations of regulations on land management entrusted by the State for management include the following acts:

a) Allowing the situation where persons permitted by law to temporarily use land use land for purposes other than intended;

b) Using land for purposes other than intended;

c) Allowing land to be encroached upon or occupied without taking preventive measures;

d) Leasing, lending, or transferring in violation of legal regulations;

đ) Failing to register in the cadastral records, failing to report to the directly superior People's Committee on the management and exploitation situation of unused local land funds.

9. Violations of regulations on the implementation of administrative procedures on land include the following acts:

a) Not accepting valid and complete dossiers; accepting dossiers without recording them in the tracking book;

b) Arbitrarily establishing administrative procedures beyond regulations;

c) Handling administrative procedures not according to prescribed order, delaying the issuance of documents already signed by competent authorities to the applicant;

d) Handling administrative procedures slowly compared to the prescribed deadline;

đ) Refusing to perform or failing to perform administrative procedures for which, according to land law regulations, conditions have been met for implementation;

e) Performing administrative procedures beyond the authority;

g) Making decisions, noting opinions, or certifying in dossiers contrary to regulations, causing damage or enabling the applicant to cause damage to the State, organizations, and citizens;

h) Losing, damaging, or altering the content of dossiers.

10. Violations regarding land recovery in cases prescribed in Article 81 of the Land Law, including the following acts:

a) Failing to send a notice in the case of land recovery as prescribed in Clause 6, Article 81 of the Land Law to the agency in charge of land management to carry out the procedure for submission to the competent authority for land recovery as prescribed;

b) Failing to submit the land recovery decision, failing to issue the land recovery decision in the case prescribed in Clause 6, Article 81 of the Land Law after receiving the notice from the tax authority;

c) Failing to submit the land recovery decision, failing to issue the land recovery decision within 30 days from the date of receiving the document from the agency assigned the responsibility to monitor the implementation of administrative penalty decisions regarding the land user continuing to violate in cases of land recovery under Clauses 1, 2, and 7, Article 81 of the Land Law.

d) Failing to submit land recovery decisions, failing to issue land recovery decisions according to the conclusions of the competent authority in cases of land recovery as prescribed in Clauses 3, 4, 5, and 8 of Article 81 of the Land Law.

11. Other violations include:

a) Failing to prevent or handle land law violations, resulting in serious consequences;

b) Failing to properly fulfill responsibilities in detecting, preventing, and handling land law violations;

c) Gender discrimination in land management and use activities;

d) Obstructing or creating difficulties in land use, or in the exercise of land users' rights under legal regulations;

đ) Failing to provide or providing inaccurate land information as required by law;

e) Failing to report or reporting untimely in land management as prescribed;

g) Misusing the land development fund.

h) Violating land support policies for ethnic minority people.

12. Handling individuals who commit violations of the law in land management while performing official duties as prescribed in this Article shall be conducted in accordance with the laws on public servants, laws on civil servants, and other relevant laws.

Chapter X. IMPLEMENTING PROVISIONS

Article 110. Amend and supplement certain articles of Decree No. 37/2019/NĐ-CP dated May 7, 2019, of the Government detailing the implementation of certain provisions of the Law on Planning.

1. Amend and supplement Article 22 as follows:

Article 22. Content of national land use planning

1. Analyze and evaluate the factors, natural conditions, resources, direct context affecting, and the current status of land use in various sectors and fields:

a) Analyze and evaluate natural conditions, resources, and the environment;

b) Analyze and evaluate the current status of socio-economic development related to land use; urban development and rural development;

c) Analyze and evaluate the current land use status, land use changes, results of the implementation of the previous national land use planning according to the types of land specified in Clause 6 of this Article.

2. Synthesize and analyze the results of assessing soil quality, land potential, soil pollution, and soil degradation of the whole country and socio-economic regions.

3. Forecast trends in land use changes during the planning period, including: changes in the use of agricultural land groups, non-agricultural land groups; potential for unused land to be exploited and put into use.

4. Identify the perspectives and objectives for land use during the planning period for the agricultural land group, the non-agricultural land group, and unused land group in accordance with the socio-economic development strategy and national master plan; meet the requirements for socio-economic development, national defense, security, environmental protection, disaster prevention and control, and climate change adaptation.

5. Orient land use during the 10-year planning period, with a vision from 30 to 50 years associated with land use spatial planning and zoning based on land potential to meet the land use needs for socio-economic development; ensure national defense and security; protect the environment, prevent and control disasters, and adapt to climate change.

6. Determine land use indicators for the agricultural land group and the non-agricultural land group, including specifying some types of land as follows:

a) Land for rice cultivation;

b) Protective forest land;

c) Special-use forest land;

d) Production forest land is natural forest;

d) National defense land;

e) Security land.

7. Assess the impact of land use distribution and spatial organization scenarios on the economy, society, environment, and ensuring national defense and security.

8. Solutions and resources for implementing land use planning

a) Solutions for soil protection, improvement, environmental protection, and adaptation to climate change;

b) Identifying resources for implementing land use planning;

c) Solutions for organizing the implementation and monitoring the implementation of land use planning.

9. Prepare the land use planning report.

10. Develop a system of diagrams and national land use planning maps including: Current land use maps; land use planning maps; thematic maps; in which the scale of digital maps and printed maps is 1/1,000,000 - 1/100,000.

11. Develop and update the national land use planning file database into the national planning information and database system, and the national land information and database system.

12. The Ministry of Natural Resources and Environment shall regulate the technical standards for the formulation and adjustment of the national land use planning.

2. Amend Clause 7, Article 28 as follows:

"7. Orientation for land use down to each district-level administrative unit

a) Land use orientation according to space and land-use function based on land-use norms allocated by the national land-use plan and the land-use demands of the established sectors and fields; ensuring the land-use needs of sectors and fields in accordance with the local land potential; promoting the efficiency of land resources to achieve socio-economic development goals; ensuring national defense and security; protecting the environment, preventing natural disasters, adapting to climate change; meeting the requirements for developing a synchronous infrastructure system, ensuring connectivity of inter-sectoral and inter-regional development spaces, economic corridors, and development driving regions; land fund meeting the needs for education, healthcare, social services, culture, physical training, sports, and social housing development;

b) Diagram of the integrated land use zoning orientation.

3. Amend and supplement Section VII of Appendix III as follows:

VII. CONTENT OF ESTABLISHING AND ADJUSTING DEFENSE LAND USE PLANNING, SECURITY LAND USE PLANNING

1. Analyze and evaluate the factors affecting the use of defense land and security land

a) Impacts from the Party's guidelines, State policies, and laws;

b) Socio-economic development orientation and plans; programs affecting and influencing the use of defense land and security land;

c) Impacts of science, technology, and the influence of natural disasters and climate change.

2. Analyze and evaluate the impacts of defense land use and security land use

a) Impacts on socio-economic development;

b) Impacts on the environment and biodiversity;

c) Impacts on disaster prevention and management activities and adaptation to climate change.

3. Analyze the current status of defense land use and security land use from the previous period.

4. Forecast scientific and technological progress and socio-economic development impacting the use of defense land and security land; identify the demand for defense land use and security land use, requirements for land use norms, and forecast trends in the use of defense land and security land.

5. Determine the viewpoints and objectives for defense land use and security land use during the planning period to align with the national socio-economic, defense, and security development strategy, national master planning, and national land use planning.

6. Orientation for spatial distribution and land use indicators for defense land and security land

a) Orientation for the use of defense land and security land;

b) Determine the location and area of defense land and security land by region and provincial administrative unit;

c) Determine the indicators and norms for defense land use and security land use;

d) Summarize the location and area of the current use of defense land and security land;

d) Determine the location and area of newly allocated land to be used for defense and security purposes;

e) Determine the location and area of defense land and security land to be transferred to the local authorities for socio-economic development.

7. Phasing of national defense land use planning and security land use planning for each five-year plan period. 8. Solutions and resources for implementing the plan

a) Solutions regarding the mechanism and policy for managing defense land and security land;

b) Solutions regarding finance and investment;

c) Solutions regarding organization of implementation and supervision of planning implementation.

9. Develop reports on land-use planning, maps, diagrams, and databases for national defense land-use planning and security land-use planning. This includes maps of the current status of national defense land use and security land use; maps of national defense land-use planning and security land-use planning; maps of areas of national defense land and security land handed over to local authorities for management and use for socio-economic development purposes, at a scale of 1/100,000; maps of the current status of national defense land and security land in key areas; diagrams of the orientation of national defense land use and security land use in key areas, at a scale of 1/50,000.

10. The Ministry of Natural Resources and Environment shall stipulate the technical regulations on the preparation and adjustment of national defense land-use planning and security land-use planning.

4. Abolish the content of security land-use planning in Section VIII of Appendix III.

Article 111. Effectiveness and enforcement

1. This decree shall take effect from August 1, 2024.

2. The following decrees shall cease to be effective from the date this Decree takes effect:

a) Decree No. 119-CP dated September 16, 1994, of the Government promulgating regulations on the management and use of boundary records, boundary maps, and administrative boundary markers at all levels;

b) Decree No. 43/2014/NĐ-CP dated May 15, 2014, of the Government detailing the implementation of certain provisions of the Land Law;

c) Decree No. 01/2017/NĐ-CP dated January 6, 2017, of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

d) Decree No. 148/2020/NĐ-CP dated December 18, 2020, of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

e) Decree No. 10/2023/NĐ-CP dated April 3, 2023, of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

e) Decree No. 42/2024/NĐ-CP dated April 16, 2024, of the Government on land reclamation activities.

3. Repeal certain articles and clauses of the following decrees:

a) Article 1 of Decree No. 136/2018/NĐ-CP dated October 5, 2018, of the Government amending a number of articles of the decrees related to business investment conditions in the field of natural resources and environment;

Provisions repealed

b) The section "the classification of urban area projects according to the provisions in Appendix IX of this Decree does not apply to determining new urban area construction projects subject to land recovery under the provisions of Article 62 of the Land Law No. 45/2013/QH13; matters related to land law and procurement law for urban areas, new urban areas are carried out in accordance with the provisions of land law and procurement law." in Clause 1b, Article 110 of Decree No. 15/2021/NĐ-CP has been amended and supplemented by Decree No. 35/2023/NĐ-CP dated June 20, 2023, of the Government amending and supplementing a number of articles of decrees in the field of state management under the Ministry of Construction;

Provisions repealed

c) The note section in Appendix IX of Decree No. 15/2021/NĐ-CP has been amended and supplemented in Decree No. 35/2023/NĐ-CP dated June 20, 2023, of the Government amending and supplementing certain provisions of decrees under the state management sector of the Ministry of Construction;

d) Article 11 of Decree No. 104/2022/NĐ-CP dated December 21, 2022, of the Government amending and supplementing certain provisions of decrees related to the submission and presentation of household registration books and temporary residence books when performing administrative procedures and providing public services.

Article 112. Transitional provisions

1. Transitional provisions regarding land allocation, land lease, and permission to change land use purposes

a) For areas of rice land, protection forest land, and special-use forest land that have received approval from the Prime Minister before August 1, 2024, or a resolution of the provincial People's Council approving their use for other purposes but have not yet had a decision on land recovery, land allocation, land lease, or permission to change land use purposes to implement a project, they may be carried over to be implemented in the following years but no more than 3 years and without having to redo the procedure for submission to the provincial People's Council for approval under the provisions of Clause 1, Article 122 of the Land Law if the project continues to be implemented;

b) In cases where there is already a written approval from the Prime Minister or a resolution of the provincial People's Council approving the conversion of the purpose of using rice land, protection forest land, or special-use forest land to other purposes before the effective date of this Decree, the criteria and conditions prescribed in this Decree shall not apply;

c) In cases where the procedure of appraisal or submission to the Prime Minister for approval or submission to the provincial People's Council for approval of the conversion of rice land, special-use forest land, or protection forest land to other purposes has been carried out before the effective date of this Decree, it shall be implemented in accordance with the provisions of Clause 1, Article 122 of the Land Law and the provisions of this Decree;

d) In cases where a decision to adjust the decision on land allocation, land lease, or permission to change land use purposes due to the adjustment of the investment project or adjustment of the detailed construction planning of the investment project has been made in accordance with the law before the effective date of this Decree, the procedures regarding land shall continue to be carried out in accordance with the laws in effect at the time the decision to adjust the decision on land allocation, land lease, or permission to change land use purposes was issued, without having to comply with the provisions of this Decree;

d) In the case where economic organizations, households, or individuals have carried out the conversion of land use purposes according to the provisions of Clause 30, Article 2 of Decree No. 01/2017/NĐ-CP dated January 6, 2017, of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law, they shall continue to use the land in the form of land use prescribed in Clause 30, Article 2 of Decree No. 01/2017/NĐ-CP;

e) In the case where competent state authorities have allocated land or leased land without auction due to exemption from land use fees or land rent under the cases prescribed in Clause 12, Article 1 of Decree No. 148/2020/NĐ-CP dated December 18, 2020, of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law, they shall continue to use the land.

g) In cases where a decision has been made to allocate land or lease land for small and narrow land plots under State management according to the provisions of Clause 11, Article 1 of Decree No. 148/2020/NĐ-CP dated December 18, 2020, of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law, the allocation or leasing of land shall continue to be carried out in accordance with the provisions of land law before August 1, 2024, without having to comply with the provisions of this Decree.

h) In the case of investors approved in accordance with the provisions of clause 3, Article 29 of the 2020 Investment Law, but before the effective date of this Decree, have not yet completed the procedures for land allocation, land lease, or permission to change land use purpose as prescribed in clause 10, Article 1 of Decree No. 10/2023/NĐ-CP dated April 3, 2023, of the Government amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law, the procedures for land allocation, land lease, and permission to change land use purpose provided in Article 228 of the Land Law and Article 49 of this Decree shall apply. The competent authority shall carry out the procedure for approving the investor when the investor meets the conditions prescribed by the relevant laws.

Agencies and persons authorized to handle procedures for land allocation, land lease, and permission for land use conversion are not responsible for matters regarding investment policy approval, investor selection as prescribed by investment law, housing law, and other relevant laws;

i) In cases where the competent authority has allocated or leased land without auctioning the land use rights because the land use fee or land lease fee is exempted according to the provisions in Clause 1, Article 3 of Decree No. 10/2023/NĐ-CP dated April 3, 2023, of the Government amending and supplementing certain decrees detailing the implementation of the Land Law, the land can continue to be used;

k) In cases where land use right auction dossiers were received before the date of Decree No. 10/2023/NĐ-CP dated April 3, 2023, of the Government amending and supplementing certain decrees detailing the implementation of the Land Law, which came into effect, but the land allocation or lease procedures were not completed before the effective date of this Decree, they shall continue to be implemented in accordance with the provisions of the law at the time the dossier was received;

l) The allocation and leasing of land under the provisions of Clause 10, Article 255 of the Land Law, as amended and supplemented by the Law amending and supplementing certain articles of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, and the Law on Credit Institutions No. 32/2024/QH15, shall be carried out in accordance with the regulations on the procedures and steps for land allocation and leasing without auctioning land use rights under this Decree.

2. In cases where a decision to allocate land or lease land without auctioning land use rights or without bidding to select an investor to implement a project using land has been made in accordance with the land law before this Decree takes effect, the procedures regarding land shall continue to be carried out in accordance with the laws that were in effect at the time the decision to allocate or lease land was issued, and shall not have to be carried out according to the provisions of this Decree.

3. In cases of using land to implement socio-economic development projects through agreements on receiving land use rights, where the land area does not meet the conditions for transferring land use rights, contributing capital via land use rights, or selling property attached to the land, and the case falls under land recovery by the State to lease to investors in accordance with the law before August 1, 2024, but the decision to allocate or lease the land has not yet been issued, it shall continue to be implemented in accordance with the provisions of this Decree.

Cases of land use for implementing socio-economic development projects through agreements on receiving land use rights that are being carried out in accordance with the provisions of the law before August 1, 2024, but the agreement has not been completed, the investor may request the Provincial People's Committee to approve the continuation of the agreement with the land user as prescribed in this Decree.

4. Households and individuals who were using agricultural land before the Land Law 2024 came into effect and have not yet been issued a certificate of land use rights, the land use term is 50 years from the date of issuance of the Certificate.

5. In the case where the land use term has expired but on the date this Decree comes into effect the competent state authority has not yet recovered the land, the land user is allowed to perform procedures for extending land use within 06 months from the effective date of this Decree. If this period expires and the land user does not carry out the extension procedures, the State will recover the land, except in cases of force majeure.

6. In the case where the application for land use extension was received before the effective date of this Decree, it shall continue to be implemented in accordance with the provisions of the Land Law No. 45/2013/QH13 and its detailed guiding documents. If the land user requests to implement according to the provisions of this Decree, the competent authority shall handle it according to the provisions of this Decree.

7. Investment projects involving land reclamation have already received written approval for the implementation of investment projects involving land reclamation from the competent state agency, and the investor has submitted an application for sea area allocation before April 1, 2024, but the application has not yet been processed; in this case, the investor may choose to follow the procedures and formalities as prescribed in Decree No. 11/2021/NĐ-CP dated February 10, 2021, of the Government on the allocation of certain sea areas to organizations and individuals for exploiting and using marine resources or as stipulated in this Decree.

8. Investment projects with land reclamation activities that have received written approval for implementation of the investment project with land reclamation from the competent state authority and for which the investor has been allocated the sea area for land reclamation in accordance with the law before April 1, 2024, but have not yet been allocated land or leased land, the investor is allowed to continue land reclamation according to the sea area allocation decision and is not required to pay for the use of the sea area for the remaining period; they may request the Provincial People’s Committee to allocate land or lease land without auctioning the land use rights and implement the land reclamation investment project or land reclamation items in accordance with the provisions of this Decree.

9. In the case of an investment project involving land reclamation activities as prescribed in Clauses 7 and 8 of this Article, if a subdivision plan or detailed plan has been approved by the competent state authority before the effective date of this Decree, it may continue to be implemented according to the approved plan, but must have measures to ensure the public's and community's access to the sea during the implementation of the land reclamation project or land reclamation components of the investment project as required by the provincial People's Committee.

10. Investors who have been allocated land or leased land by competent state agencies to carry out investment projects, where coastal erosion poses a direct threat to the project's land area, and who have been approved in writing by competent state agencies to invest their own funds (not sourced from the state budget) to implement coastal erosion prevention works and solutions according to the law on disaster prevention and control before this Decree takes effect, resulting in additional land area due to sediment deposition after the construction of the works and adjacent to the land area currently used by the investor (including both land areas formed before and after this Decree takes effect), shall be allocated land or leased land by the State without conducting a land use right auction and without tendering to select an investor for a land-use investment project according to the planning approved by the competent authority. Approved. The investor must fulfill financial obligations according to the provisions of the law.

11. In the case of industrial parks invested in with the state budget, where the competent state authority has already assigned management to public service units or public organizations before August 1, 2024, the People's Committee of the competent level shall allow organizations and individuals to lease land associated with the infrastructure that has been invested.

12. For high-tech zones fully or partially funded by the state budget for technical infrastructure systems, and where the People's Committee at the provincial level has allocated land to the Management Board of the high-tech zone for management, if the construction planning approved by the competent authority before July 1, 2014, includes residential areas and public works serving the lives of experts and workers working in the high-tech zone within the boundaries of the high-tech zone, the above-mentioned works shall continue to be implemented according to the approved construction planning.

13. Transitional provisions for certain cases of land used for airports and civil aviation airports

a) In the case of airports and civil aviation airports for which the Ministry of Transport is leading, in coordination with the Ministry of National Defense, to determine the boundary of land areas used exclusively for civil operations and land areas used jointly for civil and military operations, whether managed by the military or for civil purposes in accordance with the provisions of the Land Law No. 45/2013/QH13 and its guiding documents, the implementation shall continue, completing the delineation of land boundaries and notifying and transferring the implementation results to the provincial People's Committee for management in accordance with the provisions of the Land Law;

b) In the case of organizations or individuals currently using land or owning works belonging to civil airports or airfields before the Land Law came into effect but have not been issued a Certificate, the issuance of the Certificate shall be carried out in accordance with the provisions of the Land Law and the Decree detailing basic land surveys; registration, issuance of certificates of land use rights, ownership of assets attached to land, and land information systems;

c) In the case where the Aviation Authority has already made a decision to lease land in accordance with the provisions of land law before the effective date of this Decree, the land procedures shall continue to be carried out in accordance with the provisions of the law in force at the time the land lease decision was issued, without having to follow the provisions of this Decree.

14. In the case where the procedure for land recovery is being carried out in accordance with Articles 61 and 62 of the Land Law No. 45/2013/QH13 but a decision on land recovery has not yet been issued, the procedures shall be carried out in accordance with the provisions of the Land Law and the guiding decrees.

15. The establishment of the Land Fund Development Center under the provisions of this Decree must be completed within 12 months from the effective date of this Decree. During the period before the establishment of the Land Fund Development Center as prescribed in this Decree, existing Land Fund Development Centers shall continue to operate in accordance with the provisions of current law and the regulations specified in Clauses 2, 3, 4, and 5 of Article 14 of this Decree.

Article 113. Responsibilities for Implementation

1. Ministries and provincial-level People's Committees are responsible for guiding the implementation of the articles and clauses assigned in this Decree and reviewing the legal documents already issued for amendment, supplementation, or replacement to comply with the provisions of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of People's Committees at all levels, and other relevant organizations and individuals are responsible for implementing this Decree./.

ON BEHALF OF THE GOVERNMENT

ON BEHALF OF THE PRIME MINISTER

DEPUTY PRIME MINISTER

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