Decree No. 43/2014/ND-CP Detailing the Implementation of a Number of Articles of the Land Law

Legal basis and issuance

Decree No. 43/2014/ND-CP was issued by The Government on 15 May 2014, on the proposal of the Minister of Natural Resources and Environment. It rests principally on the Law on Government Organization dated 25 December 2001 and the Land Law No. 45/2013/QH13 dated 29 November 2013, and provides detailed guidance for a number of articles and clauses of that Law.

Scope and subjects of application

The Decree regulates in detail matters entrusted by the Land Law to Government guidance, including determination of land types, land administration agencies, public land services, the Land Development Fund, formulation and adjustment of land use plannings and plans, conditions for land allocation, land lease and change of land use purpose, land recovery, compensation, support and resettlement, and registration and issuance of Certificates. It applies to state agencies performing land management, land users and other organizations and individuals concerned as defined in Article 5 of the Land Law.

Key contents and procedures

Based on the abridged excerpt, the Decree structures detailed rules by chapter and article. Chapter I covers general provisions (scope, subjects, land type determination, administration system and the Land Development Fund under Article 111 of the Land Law). Subsequent chapters elaborate: procedures for land use planning and for collecting opinions on plannings; conditions and procedures for land allocation, lease, change of use purpose and land recovery under Articles 58, 61, 62, 64, 65, 71 and 126 of the Land Law; settlement of land-related complaints; and land use regimes for specific categories such as rice land, land with water surface, alluvial land, industrial zones, land for public purposes, and airport land.

A substantial part governs issuance of the Certificate of land use rights and ownership of houses and other assets attached to land. It details dossiers and eligibility under Articles 100, 101, 102 and 103 of the Land Law, certification of land use rights for households, individuals and communities, certification of property on land (Articles 31 to 34), competent issuing agencies (Article 37), and procedures for grant, re-grant, exchange, correction, registration of changes, and revocation of Certificates (Articles 76 to 87, 95 and 106 of the Land Law). It also addresses quota limits on receipt of transferred agricultural land use rights (Article 44), contracts and notarization, time limits for administrative procedures, and responsibilities for land price determination under Article 114 of the Land Law.

Effect and transition

The excerpt provided does not show the articles on effect, transition or replacement of earlier instruments. In full, the Decree took effect from 1 July 2014 concurrently with the Land Law No. 45/2013/QH13 and replaced former detailed guidance for the Land Law 2003. Where the excerpt shortens or omits article text (marked [...] ), the summary is limited to headings and cross-references visible in the excerpt and does not add substantive detail beyond them.