Is the issuance of a certificate of land use rights in accordance with the planning? Who is taking responsibility before the State for land use?
Is the issuance of a certificate of land use rights in accordance with the planning?
Pursuant to Article 6 of the 2013 Land Law of Vietnam stipulating the principles of land use as follows:
“1. Compliance with land use master plans and plans, and use for proper purposes.
2. Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users.
3. Land users may exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.”
According to the above regulations, the land use must be in accordance with land use master plans and plans, and use for proper purposes, so the issuance of the certificate of land use rights must also be in accordance with the land use master plans and plans.
Persons taking responsibility before the State for land use
Pursuant to Article 7 of the 2013 Land Law of Vietnam stipulating persons taking responsibility before the State for land use as follows:
“1. The head of an organization, a foreign organization with diplomatic functions, or a foreign- invested enterprise, is responsible for the land use by his/her organization.
2. The chairperson of the People’s Committee of a commune, ward or township is responsible for the use of agricultural land for public purposes; the use of non-agricultural land which is allocated to the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) for the purpose of construction of the People’s Committee offices, public facilities used for culture, education, health, physical training and sports, entertainment, recreation, markets, cemeteries, graveyards and other public facilities in the locality.
3. The representative of a community who is the head of a village or street quarter, or the person appointed by a community, is responsible for the use of the allocated or recognized land of the community.
4. The head of a religious institution is responsible for the use of land allocated to the religious institution.
5. The head of a household is responsible for the land use by the household.
6. Individuals and overseas Vietnamese are responsible for the use of their own land.
7. The person who shares, or represents a group sharing, land use rights, is responsible for the use of that land.”
Land use rights
Persons taking responsibility before the State for the management of allocated land
Pursuant to Article 8 of the 2013 Land Law of Vietnam stipulating persons taking responsibility before the State for the management of allocated land as follows:
“1. The head of an organization is responsible for land management in the following cases:
a/ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;
b/ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;
c/ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;
d/ Organizations assigned to manage the land fund recovered under decisions of competent state agencies.
2. The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.
3. The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.
4. The representative of a community is responsible for land allocated to the community for management.”
What are the regulations on encouragement of investment in land?
Pursuant to Article 9 of the 2013 Land Law of Vietnam stipulating encouragement of investment in land as follows:
“The State shall promulgate policies to encourage land users to invest labor, materials and capital in, and apply scientific and technological achievements to, the following activities:
1. Land protection, improvement and fertilization.
2. Reclamation of waste and unused land, seaward encroachment, use of empty land, bare hills and unused land with water surface in accordance with land use master plans and plans.
3. Development of infrastructure to increase added value for land.”
Thus, the article has provided some information on the principles of land use, who is responsible before the State for the use of land and for the land allocated for management. At the same time, the State of Vietnam also stipulates specific policies to encourage land users to invest in labor, materials and capital and to apply scientific and technological achievements to certain jobs.
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