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Decree No. 181/2004/ND-CP on the implementation of the Land Law.

Country/Territory
Viet Nam
Document type
Regulation
Date
2004
Source
FAO, FAOLEX
Original source
Công Báo Nos. 01 and 02, 1 November 2004, pp. 3-110.
Subject
Land & soil
Keyword
Land tenure Expropriation Right of use Public land Agricultural land Abandoned land/unoccupied land Land valuation Lease Cadastre/land registration Survey/mapping Land-use planning Tax/levy Dispute settlement Court/tribunal Offences/penalties
Geographical area
Asia, East Asian Seas, South-Eastern Asia
Entry into force notes
The Decree enters into force 15 days after its publication in the Official Gazette.
Abstract

This Decree prescribes the implementation of the Land Law of 2003. It deals with the following matters: land price-determining methods, price brackets for assorted land categories; land use levy and land rent collection; compensation, support, resettlement when the State recovers land for use of defence or security purposes, for national interests, public interests, economic development; land inspection; sanctioning of administrative violations. The Decree consists of 186 articles divided into 14 Chapters as follows: General provisions (I); System of land management organizations and land management and use service organizations (II); Land use planning, plans (III); Land assignment, land lease, land use purpose change, land recovery, land requisition (IV); Land use right registration, cadastral dossier compilation and management, land use right certificate granting, land statistics and inventory (V); Land use rights in real estate market (VI); Agricultural land use regime (VII); Non-agricultural land use regime (VIII); Management and putting of unused land to use (IX); Rights and obligations of land users (X); Land management and use order and administrative procedures (XI); Settlement of land-related disputes, complaints (XII); Direction and handling of land-related law violations by managers (XIII); Implementation provisions (XIV). Chapter XI consists of two sections: 1, Administrative procedures generally applied when land users exercise their rights and perform their obligations; 2, Order and administrative procedures in land management. Chapter XIII is divided into 4 sections: 1, Principles for handling of violations, disciplinary forms and material liability-handling measures applicable to managers; 2, Violation acts, forms of violation handling applicable to managers; 3, Competence, order for disciplining managers; 4, Detection and handling of cases of violation of land legislation.

Full text
English

References - Legislation

Implements

Order No. 23/2003/L-CTN on the promulgation of Land Law No.13/2003/QH11.

Legislation | Viet Nam | 2003

Keyword: Basic legislation, Land tenure, Right of use, Lease, Survey/mapping, Land valuation, Expropriation, Cadastre/land registration, Dispute settlement, Land-use planning, Classification/declassification, Agricultural land, Use restrictions, Subdivision of land, Tax/levy, Registration, Urban land, Foreign land tenure, Transfer, Inspection, Offences/penalties, Traditional rights/customary rights

Source: FAO, FAOLEX

Repeals

Regulations on allocation of land to households and individuals for stable and long term use for the purpose of agricultural production (issued with Decree no. 64-cp).

Legislation | Viet Nam | 1993

Keyword: Abandoned land/unoccupied land, Agricultural land, Mountain area, Zoning, Cadastre/land registration, Cooperative/producer organization, Land consolidation, Land reform, Land tenure, Land-use planning, Land valuation, Right of use, Soil conservation/soil improvement, Soil rehabilitation, Subdivision of land, Vested rights/existing rights

Source: FAO, FAOLEX

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.

Legislation | Viet Nam | 1999

Keyword: Land reform, Land tenure, Agricultural land, Soil conservation/soil improvement, Soil rehabilitation, Subdivision of land, Family farming, Size, Farming

Source: FAO, FAOLEX

Decree No. 04/2000/ND-CP on enforcement of the Law amending and supplementing a number of articles of the Land Law.

Legislation | Viet Nam | 2000

Keyword: Land reform, Land tenure, Agricultural land, Abandoned land/unoccupied land, Public land, Right of use, Subdivision of land, Tax/levy

Source: FAO, FAOLEX

Decree No. 17/1999/ND-CP on the procedures for exchange, transfer, lease, sublease and inheritance of the land-use right as well as for mortgage of and capital contribution with the land-use value.

Legislation | Viet Nam | 1999

Keyword: Land tenure, Lease, Transfer, Inheritance, Land valuation

Source: FAO, FAOLEX

Decree No.68/2001/ND-CP on land use planning and land use .

Legislation | Viet Nam | 2001

Keyword: Agricultural land, Survey/mapping, Environmental planning, Land-use planning, Pollution control, Policy/planning

Source: FAO, FAOLEX

Implemented by

Circular No. 01/2005/TT-BTNMT guiding the implementation of a number of articles of the Government's Decree No. 181/2004/ND-CP on implementation of the Land Law.

Legislation | Viet Nam | 2005

Keyword: Land tenure, Lease, Right of use, Vested rights/existing rights, Certification

Source: FAO, FAOLEX

Decree No. 197/2004/ND-CP on compensation, support and resettlement when land is recovered by the State.

Legislation | Viet Nam | 2004

Keyword: Land tenure, Expropriation, Land valuation, Subsidy/incentive

Source: FAO, FAOLEX

Amended by

Decree No. 17/2006/ND-CP amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies.

Legislation | Viet Nam | 2006

Keyword: Land tenure, Lease, Tax/levy, Land-use planning

Source: FAO, FAOLEX

Decree No. 84/2007/ND-CP additionally stipulating the grant of land use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement upon land recovery by the State, and settlement of land related complaints.

Legislation | Viet Nam | 2007

Keyword: Land tenure, Certification, Liability/compensation, Ownership, Right of use

Source: FAO, FAOLEX

Decree No. 88/2009/ND-CP on grant of certificates of land use rights and house and land-attached asset ownership.

Legislation | Viet Nam | 2009

Keyword: Land tenure, Right of use, Certification

Source: FAO, FAOLEX

Decree No. 17/2010/ND-CP on property auction.

Legislation | Viet Nam | 2010

Keyword: Public land, Land tenure

Source: FAO, FAOLEX

Circular No. 16/2011/TT-BTNMT amending and supplementing a number of provisions concerning land-related administrative procedures.

Legislation | Viet Nam | 2011

Keyword: Land reform, Cadastre/land registration, Land tenure, Lease, Registration, Right of use, Transfer

Source: FAO, FAOLEX

Decree No. 69/2009/ND-CP additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement.

Legislation | Viet Nam | 2009

Keyword: Protection forest, Forest management/forest conservation, Land tenure, Land-use planning, Lease, Public land, Right of use, Urban land, Agricultural land, Certification

Source: FAO, FAOLEX

Repealed by

Decree No. 43/2014/ND-CP detailing a number of articles of the Land Law.

Legislation | Viet Nam | 2014

Keyword: Land tenure, Expropriation, Right of use, Public land, Agricultural land, Abandoned land/unoccupied land, Land valuation, Lease, Cadastre/land registration, Survey/mapping, Land-use planning, Tax/levy, Dispute settlement, Court/tribunal, Offences/penalties

Source: FAO, FAOLEX