Land Law. Country/Territory Viet Nam Document type Legislation Date 1993 Source FAO, FAOLEX Subject Land & soil Keyword Land tenure Right of use Lease Public land Urban land Agricultural land Land valuation Policy/planning Survey/mapping Geographical area Asia, East Asian Seas, South-Eastern Asia Abstract 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). Full text English References - Legislation 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. 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 Decision No. 245/1998/QD-TTg on the exercise of State managerial responsibility of various levels concerning forests and forest lands. Legislation | Viet Nam | 1998 Keyword: Forest management/forest conservation, Forestry protection measures, Public forest, Institution 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 Order No. 06/2001/L-CTN on the promulgation of the Law amending and supplementing a number of articles of the Land Law. Legislation | Viet Nam | 2001 Keyword: Policy/planning, Land tenure, Lease, Right of use, Transfer, Agricultural land Source: FAO, FAOLEX 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. Legislation | Viet Nam | 2001 Keyword: Land tenure, Lease, Right of use, Transfer Source: FAO, FAOLEX 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. Legislation | Viet Nam | 2001 Keyword: Land tenure, Right of use, Tax/levy, Lease, Transfer, Concession, Land valuation Source: FAO, FAOLEX 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. Legislation | Viet Nam | 1999 Keyword: Protected area, Agro-forestry, Public forest, Forest management/forest conservation, Land reform, Land tenure, Agricultural land, Public land Source: FAO, FAOLEX Amended by Law amending and supplementing a number of articles of the Land Law (No. 10 of 1998). Legislation | Viet Nam | 1998 Keyword: Land reform, Land tenure, Agricultural land, Tax/levy, Lease Source: FAO, FAOLEX Order No. 06/2001/L-CTN on the promulgation of the Law amending and supplementing a number of articles of the Land Law. Legislation | Viet Nam | 2001 Keyword: Policy/planning, Land tenure, Lease, Right of use, Transfer, Agricultural land Source: FAO, FAOLEX Repealed by 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 Directive No. 05/2004/CT-TTg on organizing the implementation of the 2003 Land Law. Legislation | Viet Nam | 2004 Keyword: Land commission, Land consolidation, Land reform, Land tenure, Land-use planning, Land valuation, Lease, Legal proceedings/administrative proceedings, Cadastre/land registration, Certification, Data collection/reporting, Monitoring, Policy/planning, Registration, Right of use, Soil conservation/soil improvement, Soil rehabilitation, Subdivision of land, Survey/mapping, Tax/levy Source: FAO, FAOLEX