Resource information
This Act lays down basic provisions on land tenure, both rural and urban. All land in Viet Nam is the property of the State, but individual and corporate users, both domestic and foreign, can obtain from the State usufructuary rights under lease-type contractual arrangements (art. 1). Long-term leases, in particular, of cropland are made for twenty years for annual crops and aquaculture, and for fifty years for perennial crops, both terms being renewable on expiry (art. 20). However, the duration of leases granted to foreign investors shall be consistent with the terms made in regard to foreign investments by the Act on Foreign Investment (art. 83). A ceiling of three hectares nation-wide restricts the allowable size of leaseholds for the cultivation of annual crops, while restrictions to the size of other leaseholds are to be determined by the Government (art. 44). A rental price is, in principle, payable against all leases (art. 79(4)); however, the lease of agricultural land, forest land, land used for aquaculture and land used for salt production is exempted from payment of a rental price (art. 22). Lease rights can be traded, sub-leased, inherited and mortgaged, subject only to the term of duration of the original lease, and to conformity of the land use to the stipulations made in the original lease and to the prescriptions of land use regulations and plans in effect (arts. 3(2) and 74-78)). In particular, the sub-leasing of land under cropping and aquaculture is expressly permitted, for a period of up to three years, renewable in "special cases" (art. 78).The transfer of leasehold rights is subject to payment of a tax (arts. 4 and 79(4)). To this end, and, in general, for the purpose of calculating the rental price of land to be leased, the Government is directed to evaluate land from time to time, at their entire discretion (art. 12). Land under lease can be taken back by the State in specific circumstances (arts. 26 and 27), including, in particular, non-use of the land for twelve consecutive months without permission to do so (art. 26(3)), and against payment of compensation (arts. 28 and 73(6)). Protection from unlawful encroachment by third parties and from Government is a fundamental right of all legitimate lease-holders (art. 73(6)). Such protection is available through litigation in the courts of law or before the local Government administration, depending on the nature of the matter in dispute (arts. 38 and 39). Finally, provision is made in the Act for the issuing of title in the form of Land Tenure Certificates (art. 36), cadastral mapping country-wide (art. 15), and land use planning (arts. 16-18).
Implemented by: Decree No. 85/1999/ND-CP amending and supplementing a number of articles of the Regulation on the allocation of agricultural land to family households and individuals for stable and long-term use in agricultural production and adding the allocation of salt-making land to family households and individuals for stable and long-term use. (1999-08-28)
Implemented by: Circular No. 35/2001/TT-BTC guiding the payment of land rent and contribution of capital to joint ventures with land use right value by domestic organizations, family households and individuals. (2001-05-25)
Implemented by: Order No. 06/2001/L-CTN on the promulgation of the Law amending and supplementing a number of articles of the Land Law. (2001-07-12)
Implemented by: Decree No. 66/2001/ND-CP amending and supplementing a number of articles of Decree No. 04/2000/ND-CP on the enforcement of the Law amending and supplementing a number of articles of the Land Law. (2001-09-28)
Implemented by: Decree No.68/2001/ND-CP on land use planning and land use . (2001-10-01)
Implemented by: Decision No. 245/1998/QD-TTg on the exercise of State managerial responsibility of various levels concerning forests and forest lands. (1998-12-21)
Implemented by: Decree No. 163/1999/ND-CP on assigning and leasing of forestry land to organizations, households and individuals for stable and long-term use for forestry purposes. (1999-11-16)
Amended by: Law amending and supplementing a number of articles of the Land Law (No. 10 of 1998). (1998-12-02)
Amended by: Order No. 06/2001/L-CTN on the promulgation of the Law amending and supplementing a number of articles of the Land Law. (2001-07-12)
Repealed by: Directive No. 05/2004/CT-TTg on organizing the implementation of the 2003 Land Law. (2004-02-09)
Repealed by: Order No. 23/2003/L-CTN on the promulgation of Land Law No.13/2003/QH11. (2003-12-10)
