Land Law No. 45/2013/QH13

Instrument and issuing authority

This is the Land Law, No. 45/2013/QH13, enacted by the National Assembly of the Socialist Republic of Vietnam on the basis of the Constitution. It is the comprehensive statute governing the ownership, management and use of land throughout Vietnam, and it replaces the previous Land Law (No. 13/2003/QH11). It takes effect from 1 July 2015.

The body supplied is an excerpt: article numbers and headings appear but the article text is abridged (marked with brackets). The summary below reflects the structure and subject matter evident from Chapter I onward, covering general provisions and the successive regimes for planning, allocation, lease, recovery, compensation, registration, valuation and land-user rights.

Scope and fundamental principles

The Law regulates the land regime, State powers and responsibilities over land, and the rights and obligations of land users. It applies to State agencies exercising land management powers, to land users, and to other entities involved in land relations (Articles 1 and 2).

A foundational principle is that land is under the ownership of the entire people, with the State acting as owner's representative and exercising unified management (Article 4). Land users are defined and enumerated (Article 5), and land must be used correctly, economically, effectively and sustainably in accordance with approved planning and land-use purpose (Article 6). The Law also lists prohibited acts (Article 12).

State management, planning and cadastral system

The Law sets out the content of State land management and the responsibilities of the Government, ministries and People's Committees at each level, together with cadastral responsibilities (Articles 22 to 24). It establishes the regime for land-use master plans and plans, including their principles, tiers, content, appraisal, approval, adjustment, publication and implementation (Articles 35 to 49).

It provides for land statistics, inventory, cadastral records, the land information system and the national land database (Articles 33 to 34 and later mapping provisions), forming the technical basis for administration.

Allocation, lease, conversion and recovery

The Law defines the bases and forms for the State to allocate land with or without land-use levy, to lease land, and to recognise land-use rights, together with the authority to decide each (Articles 52 to 59). It regulates conversion of land-use purpose subject to permission (Article 57) and handling of land in cases of law violation (Article 60).

It specifies the grounds on which the State recovers land: for national defence and security purposes; for socio-economic development in the national and public interest; for violations of land law; and for cessation of use, voluntary return or risk to human life (Articles 61 to 65). It sets out the competence, notification, procedures and enforcement of recovery decisions, including compulsory inventory and compulsory execution (Articles 66 to 72).

Compensation, support and resettlement

A detailed regime governs compensation, support and resettlement when the State recovers land. It states the principles and conditions for compensation in respect of land and of assets attached to land, differentiated by category of land and type of user (Articles 74 to 94). It provides for support measures, arrangement of resettlement, and the establishment of compensation, support and resettlement plans.

Registration, certificates and land prices

The Law requires registration of land and of assets attached to land, and provides for issuance of the Certificate of land-use rights and ownership of housing and other assets attached to land, including cases and conditions of issuance and correction (Articles 95 to 106).

It establishes financial obligations relating to land, the principles and methods of land valuation, the land-price framework and specific land prices, exemptions and reductions, and land development funds (Articles 107 to 118).

Land-use rights market and rights of users

The Law regulates the land-use rights market within the real-estate market and the auction of land-use rights (Articles 119 and 118). It classifies land into agricultural land, non-agricultural land and unused land, and prescribes the use regime, land-use term and use limits for each specific category, including agricultural land, homestead land, land for public and non-agricultural production and business, and special-use land (Articles 125 to 165).

Finally, it sets out the general rights and obligations of land users, and the specific rights (transfer, lease, sub-lease, donation, inheritance, mortgage and contribution as capital of land-use rights) that attach to organisations, households, individuals, communities and foreign-invested and other entities under their respective forms of land tenure (Articles 166 to 182 and following).