THE GOVERNMENT        SOCIALIST REPUBLIC Of VIETNAM
   No.88/CP           Independence-freedom-Happiness
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                              Hanoi, August 17, 1994

DECREE Of THE GOVERNMENT ON MANAGING AND USING URBAN LAND

THE GOVERNMENT

On the basis of the Law on Government organization dated September 30, 1992;
On the basis of the Law on land dated July 14, 1993;
On the proposal of the Minister of Construction and the Chairman of Cadastral General Department.

DECREES:

Chapter I GENERAL PROVISIONS

Article 1:

Urban land is the land inside the city, town and townlet as specified in article 55, Law and land. The land in suburbs of city, town which already have the allocation traced out and approved by the state authorized organ shall also be managed as the urban land.

Article 2:

Based on the major purpose of land use, urban land is classified in the following types:

1- Land used on public purpose.
2- Land used on purpose of national defense and security.
3- Living land
4- Specific land
5- Agricultural and silkcultural land
6- Unused land.

Article 3:

Land used on public purpose

1- The state shall entrust the land to organizations to use on the basis of the traced out allocation and plan approved by the state authorized organ and the concrete function, charge of that organizations. Every change of land using purpos e or transfer of land use right shall be decided by the state authorized organ which has entrusted that land.

2- Head of the organization that is entrusted the land shall be the person responsible for the procedures of cadastral registration and implementation of the regulations of Law on Urban Land and Construction.

3- Organization which is entrusted this type of land does not have to pay the land using money and land rental.

Article 4:

Managing and using the national defense and security land shall observe the separate decree of the Government on national defense and security land and the regulations in this decree regarding the traced out allocation, architecture, bea uty spot and environment protection.

Article 5:

The managing and using of living land shall observe the Decree No.60/CP dated July 7, 1994 of the Government concerning "ownership of living house and land use right in city"

Article 6:

The managing and using of specific land shall observe the separate decree of the Government and the following regulations:

1- The state shall consider to entrust land to organizations, families, individuals for long-term use on the basis of the city's already approved traced out allocation and the real status of land use in locals.
2- The person that is entrusted the land shall cadastrally register and implement all the regulations of law, duties on the entrusted land for the Government.
3- for the specific land used on business purpose, then depending on business character and using process the state shall specify the financial duty of the land entrusted person in the decree on specific land.

Article 7:

The managing and using of agricultural, silvicultural land in city shall observe the Decree No.64/CP dated September 27, 1993 and Decree No.02/CP dated January 15, 1994. Organizations and individuals using the agricultural, silvicul tural land in city shall observe the regulations on environment protection, urban hygiene, urban beautiful looks and other regulations on urban management. Scope, limit and duration of using the agricultural, silvicultural land in city shall be specified in the approved city's traced out allocation.

Article 8:

When making the land entrusting procedure first time after the promulgation of the law on land in 1993, organizations, individuals using the land and the state land management authority (People's committee of provinces/cities directly unde r the Central Government, ministries and organizations directly belonging to the Government) shall implement again the check of land requirement of each organization and individual. The extra land shall be taken back, illegally used la nd and land of not right using purpose shall be considered and treated according to the law.

Article 9:

Chairman of People's Committee of province, city directly under the Central Government and Chairman of People's Committee of cities shall be responsible for the management of unused land fund in city. The using and exploiting of the un used land fund shall be decided by the state authority according to the regulation of the Law on Land.

Chapter II STATE MANAGEMENT ON URBAN LAND

Article 10:

Contents of urban land management and use.

1- Investigation, exploration, surveys, cadastral map preparation and evaluation of different types if of land.
2- Tracing out of city construction and plan to use urban land.
3- Entrusting and renting the urban land.
4- Land taking-back for urban construction.
5- Issue of polity and plan on infrastructure construction when using urban land.
6- Registration and grant of the certificate of urban land use right.
7- Making the procedures on transfer of urban land use right.
8- Inspection and settling of disputes, complaints, denouncements and treatment of the violation on urban land.

Article 11:

The Government shall identically manages the urban land in the whole country. People's committees of all levels shall implement the state management on urban land inside their locals according to the authority as regulated in the law on land. The central and local cadastral organs shall be responsible for the urban land management in front of the Government and People's Committee of all levels The central and local organizations of urban construction management shall be responsib le for the setting-up of construction and use plan for urban land in front of the Government and People's Committees of all levels.

Article 12:

The managing and using of urban land shall correctly follow the traced-out urban construction allocation, land using plan approved by the state authorities and this decree and other related documents of laws.

Article 13:

The traced-out urban construction allocation shall include general allocation and detailed allocation which is established and approved according to the regulation on urban management and allocation.

Article 14:

On the basis of the traced-out urban construction allocation approved by the state authority, people's committee of the city directly under the central Government, city belonging to province, town, townlet shall make the plan to use urban land for period of 5-10 years and every year. Contents of the plan to use urban land include:

1- To determine the urban land requirements, trace out the land areas and use of each type of land in each stage of plan together with the conditions of exploitation in using.
2- To adjust the plan on using urban land in order to meet and conform to the real improvement, construction and development process of city.

Article 15:

1- The competence to exam, approve and adjust the land on using urban land shall be according To the regulation in article 18, Law on Land.
2- People's Committee of all levels shall, according to the entrusted competence and responsibility, guide the organizations in charge to organize the surveys, measurement, evaluation of land, land entrusting, land renting, land taking- back, site freeing, infrastructure development serving the urban improvement and construction according to the approved traced-out allocation and land using plan.
3- Chief architect or construction service (for the cities which do not have chief architect) shall be responsible for the introduction of construction locations, and grant of the traced-out allocation certificate for establishment of inv estment projects according to the regulation on urban construction management.

Chapter III URBAN LAND ENTRUSTING AND RENTING

Article 16:

Organizations, individuals having the demand to use urban land shall make the application file for land entrusting. Application file for land entrusting shall include:

1- Land entrusting application
2- feasibility study on construction approved by the state authorities
3- Cadastral map or real status of the land area applied for being entrusted of rate 1/200-1/1000.
4- Compensation plan.

The above file shall be sent to the cadastral office of the same level for investigation and submitted to the People's Committee of province, city directly under the Central Government for decision.

In case of the competence to entrust land belonging to the Government, the cadastral General Department and People's Committee of province, city directly under the central Government shall submit and report to the Government for dec ision.

Article 17:

The period of consideration and decision for the land entrusting application file is 25 days from the date of receiving the complete file, if after the above mentioned period, it is not solved, the application file receiving org anization shall inform the reason to the applicant.

Article 18:

Organizing the implementation of decision to entrust urban land shall be regulated as follows:

1- People's Committee of province, town, district, blocks shall responsible to organize the site freeing and guide the compensation of the losses when taking back land in the scope of their local management.
2- Cadastral office of provincial level shall implement the land taking back procedures, organize the land entrusting work on the spot according to the land entrusting decision, make the management files and follow up the change of urban lan d funds.

Article 19:

1- Land entrusting and receiving on the spot shall be implemented only when the organizations, individuals who apply for land entrusting have the land entrusting decision and have paid the land using money, cadastral fees and co mpleted the compensation procedures pursuant to the regulations of law.
2- The person who is entrusted the land shall be responsible to list, register the land use at the people's committee of blocks, village, town that are managing that land area.
3- After receiving the land, the land entrusted person shall immediately carry out the procedures on construction preparation and application for construction. In case of changing the land use purpose, the land entrusted person sha ll report and submit to the organization that decided the land entrusting decision for consideration to solve. 4- The use of land after being entrusted shall correctly ensure the progress as written in the construction investment project approve d by the state authorities. for the period of 12 months form the date of receiving the land entrusted person does not use it without the permission of the state authorized organ, then the land entrusting decision shall not be effective.

Article 20:

Organization, individual having the demand to request the state to rent the urban land shall submit the land renting application the:

1- Land renting application file only for the use of surface and without fixed construction projects shall include:
a/ Land renting application.
b/ Preliminary design of the applied site together with explanation.
c/ Recommendation of the chief architect of city or of the construction service (for the city without chief architect).
2- Land renting application file, order, procedure for construction of fixed projects shall be implemented according to the regulation in article 16, 17, 18, 19 of this Decree.

Article 21:

The state rents the urban land to Vietnamese organizations, individuals for the following use purposes:

1- Organize the land surface serving the construction projects inside the city.
2- Use the land surface for warehouses and warefields.
3- Organize the social activities such as camping, fair, party.
4- Construct the fixed works according to the investment projects on production, business, service, living houses development.

Land renting to foreigners shall be implemented according to a separate regulation of the state.

Article 22:

Cadastral office of provincial level shall investigate, examine, verity the land renting application file and report to the state authorized organ for decision. The period of consideration to solve the land renting application file for u sing the land surface shall be 20 days counting from the dated of receiving the complete file.

Article 23:

After having the land renting decision, the delegated sate organ shall implement to sign the renting contract with the land renting applicant. The land renter shall be responsible: 1- To use the land on the right purpose
2- To pay the land renting money, cadastral fees according to the regulations of law
3- To implement properly and correctly the land renting contract.
4- When the renting period run out, for the case of using the land surface, land renter shall clean and turn it into the original status; shall not damage the related infrastructure facilities and deliver to the renting party.

Article 24:

for the land outside the city, town or townlet which already has the urban construction allocation traced out and approved by the state authorized organ, then during the period when that land is not yet used for urban development, the Peop le's Committee of province, city directly under the central Government can consider to entrust or rent that land with time limits and shall ensure that the use of land does not make difficulties for the organ development process.

Article 25:

Ministry of finance shall regulate the collection and use of cadastral fees and fees in granting the traced-out allocation certificate.

Chapter IV CONSTRUCTION Of INfRASTRUCTURE WHEN USING THE URBAN LAND

Article 26:

1- Urban land shall have the infrastructure constructed when being used.
2- The state shall invest to improve and construct the whole urban infrastructure for the projects which are unable to return directly the investment capital or entrust to the companies to construct the infrastructure for the projects whi ch are able to return directly the investment capital and in form of choosing contract or bidding.
3- Organization, individual shall construct the infrastructure on the land entrusted by the state pursuant to the traced-out allocation and the investment project approved by the state authorized organ.

Article 27:

The using of land fund to create the capital source for construction of infrastructure and the entrusting of land to the companies to invest and develop the infrastructure in the projects of cities shall be regulated by the Prime Minister.

Chapter V TAKING BACK Of LAND fOR URBAN CONSTRUCTION

Article 28:

The taking back of land for urban construction is regulated in detail as follows: 1- When taking back the land being in use by someone for construction of public infrastructure, projects of public benefit in order to implement the urban improvement and construction according to the approved traced-out allocation and other big investment projects, then there shall be the taking back decision of the state authorized organ.
2- Before taking back the land, the state authorized organ shall inform the reason of taking back, removing plan and compensation plan for the loss on land and properties accompanied by it to the user who is using that land. The compensation of loss for the user of the land which is taken-back shall be according to a separate regulation of the Government.
3- The user of the land which is taken back shall properly observe the land tanking back decision of the State In case that the user of land, which is taken back, intentionally does not observe the land taking-back decision of the State authorized organ, then he shall be forced to remove from that land area.

Article 29:

When taking back land for construction of new city or new part of city, the People's Committee of provincial city, town, district, block shall set up and implement the projects on migrating the people, freeing the site, giving the necessary liv ing facilities and stabilizing the life of the people who have land taken back.

Article 30:

In case that the organizations, individuals voluntarily transfer, inherit, give the house ownership and land use right and in case of other legal transfer of house ownership and land use right, the compensation, removal and site fre eing shall be agreed by the two sides. The state implement the taking back and entrusting of land in term of formalities according to the regulations of law.

Chapter VI REGISTRATION AND GRANT Of THE URBAN LAND USE RIGHT CERTIfiCATE

Article 31:

1- Organizations and individuals using the urban land shall register in order to be granted the urban land use right certificate according to the Law on Land in 1993.
2- Land users shall register at the People's Committee of the same district, village, town which that land belongs to.
3- All the land attached with houses or construction works shall be cadastrally registered, the land user shall be granted the land use right certificate together with the ownership of house or construction work architecture.

Article 32:

The consideration to grant the land use right certificate for the person who is using the land shall be regulated as follows:
1- If the individual, who is using the land, has one of the following conditions can be considered to grant the land use right certificate:
a/ Land user who has the legal documents granted by the authorized organ of the State of Democratic Republic of Vietnam, Socialist Republic of Vietnam or the provisional Revolution Government of Republic of Southern Vietnam.
b/ Individual using the land who has the legal documents granted by the authorized organ of the former system, without any dispute on land use right and that land does not belong to the scope which shall be transferred back to other person b ecause of the implementation of the policy of the State of Democratic Republic of Vietnam, Socialist Republic of Vietnam or the Provisional Revolution Government of Republic of Southern Vietnam.
c/ Individual who has implemented or committed to implement the financial duties on land use for the State.
2- If the individual using the urban land with legal origin as mentioned in clause 1 of this article who has lost the legal documents but sufficiently has the conditions as mentioned in article 33 of this Decree can also be considered to grant the land use right certificate.
3- If the organization having the conditions mentioned in clause 1, 2 of this article applies for the grant of land use right certificate, then it shall be considered to decide by the People's Committee of province, city directly under the Cen tral Government after completing the procedures as mentioned in article 8 of this Decree.
4- If the organization has been entrusted by the state to use the land for the purpose of constructing the works of public benefit as mentioned in article 58 of the Law on Land, then People's Committee of province, city directly under the cen tral Government shall consider and decide to grant the land use right certificate after completing the procedures mentioned in article 8 of this Decree.

Article 33:

Person, who is using the urban land and does not have the legal documents as in the case mentioned in article 32 of this Decree and sufficiently has the following conditions, can also be considered to grant the land use right cer tificate: 1- Conform to the traced-out allocation of urban construction approved by the state authorized organ.
2- Do not have any dispute on land or decision to take back the land of the state authorized organ.
3- Do not violate the public infrastructure works and the protective zone of urban construction works.
4- Do not transfers the land of historic, cultural, religious works which have been accepted by the State.
5- Pay the land using money and commit to implement the financial duties on land use for the State.

Article 34:

Person who is using land and does not have the land use right certificate granted shall implement the land taking back decision of the State authorized organ.

Article 35:

Application file for the grant of land use right certificate shall be specified as follows: 1- Application of land use right certificate
2- Legal documents proving the land use right; in case that there are not the legal document on land use right, the organization that receives the application file shall contiguously inform on local newspaper and if after 30 days th ere is not any view of dispute, then the State authorized organ can consider to solve.
3- Scheme of the lot land applied for the grant of land use right certificate.

Article 36:

Cadastral General Department shall guide in detail the granting of urban land use right certificate.

Chapter VII PROCEDURE ON TRANSfERRING THE URBAN LAND USE RIGHT

Article 37:

1- procedure on exchanging the urban land use right shall be done at the People's Committee of provincial city, town, district.
2- Procedure on ceding the urban land use right shall be done at the People's Committee of province, city directly under the central Government.
3- Person who transfers the urban land use right shall pay the tax and other payments according to the regulations of law.

Article 38:

The transfer of the urban land use right which belongs to use right of many owners shall be agreed in writing by all the owners of that land.

Chapter VIII ORGANIZATION Of IMPLEMENTATION

Article 39:

Person who transgresses the regulations on management and use of urban land, depending on the extent of transgression, shall be disciplined, fined or investigated for the criminal affairs.

Article 40:

This Decree replaces the Decree No.47/CP dated march 15, 1972 of the Government Council and comes into force from the date of 15 October, 1993. All the previous regulations contrary to this Decree shall be abrogated. Ministry of Construction, Cadastral General Department shall be responsible for the guidance and the control of implementation of this Decree.

Article 41:

Minister of ministries, heads of organizations of ministerial level; organizations directly belonging to the Government, chairmen of People's Committee of provinces, cities directly under the Central Government shall be responsible for the im plementation of this Decree.

for the Government
Prime Minister
VO VAN KIET
(signed)