Vietnam: Regulations on land classification under Land Law

Vietnam: Regulations on land classification under Land Law (Internet image)

1. Bases for determining land types in Vietnam

According to Article 11 of the Land Law 2013, the determination of a land type must be based on the following:

- The certificate of land use rights, or certificate of house ownership and residential land use rights which is granted before December 10, 2009; and the certificate of land use rights and ownership of houses and other land-attached assets.

-. Papers on land use rights prescribed in Clauses 1, 2 and 3, Article 100 of the Land Law 2013, for the cases in which the certificates mentioned in Clause 1 of Article 11 of the Land Law 2013 have not been granted.

- Decisions on land allocation, land lease or permission for change of land use purpose issued by competent state agencies, for the cases in which the certificates mentioned in Clause 1 of Article 11 of the Land Law 2013 have not been granted.

- For the cases in which papers prescribed in Clauses 1, 2 and 3 of Article 11 of the Land Law 2013 are not available, the determination of land type must comply with the Government’s regulations.

2. Regulations on land classification in Vietnam

Article 10 of the Land Law 2013 stipulates that based on the purpose of use, land is classified as follows:

2.1. Agricultural land in Vietnam

Agricultural land, including:

(1) Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;

(2) Land for cultivation of perennial trees;

(3) Land for production forests;

(4) Land for protection forests;

(5) Land for special-use forests;

(6) Land for aquaculture;

(7) Land for salt production;

(8) Other agricultural land, including:

- Land used to build greenhouses

- Other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law;

- Land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation;

- Land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.

2.2. Non-agricultural land in Vietnam

Non-agricultural land, including:

(1) Residential land, including rural residential land and urban residential land;

(2) Land for construction of offices;

(3) Land for national defense or security purpose;

(4) Land for construction of non-business facilities, including land for construction of offices of non-business organizations;

Land for construction of cultural, social, health, education and training, physical training and sports, science and technology, and diplomatic facilities and other non-business facilities;

(5) Land for non-agricultural production and business, including land for industrial parks, industrial clusters, export processing zones; land for trading and service;

Land of non-agricultural production establishments; land used for mining activities; and land for production of building materials, and pottery;

(6) Land used for public purposes, including:

- Land used for transport (including airports, airfields, inland waterway ports, maritime ports, rail system, road system and other transport facilities);

- Irrigation;

- Land with historical-cultural relics or scenic spots;

- Land for community activities or public entertainment and recreation;

- Land for energy facilities;

- Land for post and telecommunications facilities;

- Land for markets;

- Land for waste dumping and treatment, and land for other public facilities;

(7) Land used by religious institutions;

(8) Land used for cemeteries, graveyards, funeral service centers and cremation centers;

(9) Land with rivers, streams, canals, springs and special-use water surface;

(10) Other non-agricultural land, including:

- Land for motels, tents and camps for workers in production establishments;

- Land for warehouses and houses to store agricultural products, plant protection drugs, fertilizers, machinery and tools for agricultural use, and land for other buildings of land users which are used for non-commercial purposes and not attached to residential land.

2.3. Unused land in Vietnam

Unused land, including land of types for which land use purposes have not been determined yet.

Ngoc Nhi

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