What are the regulations on state guarantee for land users in Vietnam?

What are the regulations on state guarantee for land users in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the regulations on state guarantee for land users in Vietnam?

State guarantee for land users are prescribed under Article 26 of the Land Law 2013 as follows:

- Guarantee of the lawful rights to use land and land-attached assets of land users.

- Grant of the certificates of land use rights and ownership of houses and other land-attached assets to land users who are eligible as prescribed by law.

- When their land is expropriated by the State for national defense or security purpose; or for socio-economic development in the national or public interest, land users are entitled to compensation, support and resettlement in accordance with law.

- Adoption of policies in the form of vocational training, change of occupation and facilitation of job seeking for those who are directly engaged in agriculture, forestry, aquaculture or salt production and lack land for production due to land use restructuring or economic restructuring.

- The State does not recognize the reclaim of land which has been allocated to others in accordance with the State’s regulations in the process of implementing the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam.

2. Contents of state management of land in Vietnam

Contents of state management of land according to Article 22 of the Land Law 2013 is as follows:

- Promulgating legal documents on land management and use and organizing the implementation thereof.

- Determining administrative boundaries, compiling and managing administrative boundary records and making administrative maps.

- Surveying, measuring, making cadastral maps, current land use maps and land use planning maps; surveying and assessing land resources; and surveying for land pricing.

- Managing land use master plans and plans.

- Managing land allocation, land lease, land expropriation and change of land use purposes.

- Managing compensation, support and resettlement upon land expropriation.

- Registering land use rights, compiling and managing cadasữal records, and granting certificates of land use rights and ownership of houses and other land-attached assets.

- Making land statistics and carrying out land inventories.

- Developing the land information system.

- Managing land-related finance and land prices.

- Managing and supervising the exercise of rights and performance of obligations by land users.

- Inspecting, examining, supervising, monitoring and assessing die observance of the land law, and handling violations of the land law.

- Disseminating and educating about the land law.

- Settling land-related disputes; settling complaints and denunciations related to land management and use.

- Managing land-related services.

3. Who are the land users?

According to Article 5 of the Land Law 2013, land users may be allocated land or leased land, have land use rights recognized by the State, or acquire land use rights in accordance with this Law, including:

- Domestic organizations, including state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below referred collectively to as organizations).

- Domestic households or individuals (below referred collectively to as households or individuals).

- Communities, including Vietnamese communities residing in the same village, street quarter or similar residential area sharing the same customs and practices or the same family line.

- Religious institutions, including pagodas, churches, oratories, chancels, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious institutions.

- Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.

- Overseas Vietnamese as prescribed by the nationality law.

- Foreign-invested enterprises, including 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with investment law.

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