LUẬT ĐẤT ĐAI TIẾNG ANH LÀ GÌ

     
This Law prescribesthe regimeofland ownership, powers and responsibilities of the State inrepresentingthe entire-people owner of landand uniformly managingland, theregime ofland management and use, the rights andobligations of land users involving land in theterritoryof the Socialist Republic ofVietnam.

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1. State agencies that exercise thepowers và perform the responsibilities of the representative of theentire-people owner of land, và perform the tasks of unified state managementover land.
1. Land parcel means a land areadelimited by boundaries determined on the field or described in dossiers.
2. Master plan on land use means thedistribution & zoning of land by use space in serve of the objectives ofsocio-economic development, national defense, security, environmentalprotection & climate change adaptation based on the land potential và landuse demands of all sectors and fields, for each socio-economic region andadministrative unit in a defined period of time.
3. Land use plan means the divisionof a master plan on land use according to lớn periods of time for implementationduring the period of the master plan on land use.
4. Cadastral maps is a maps that showsthe land parcels và related geographic elements, & is made according toadministrative units of communes, wards or townships, and certified by acompetent state agency.
5. Land use status quo map is a mapthat demonstrates the distribution of various types of land at a specifiedtime, & is made according to lớn each administrative unit.
6. Land use-planning map is a mapmade at the beginning of a planning period, which demonstrates the distributionof various types of land at the end of that planning period.
7. The State allocates land userights (below referred to as the State allocates land) means that the Stateissues decisions on land allocation lớn hand land use rights to lớn subjects havingland use demand.
8. The State leases land use rights(below referred to as the State leases land) means that the State decides tohand land use rights to lớn subjects having land use demand under contracts on landuse right lease.
9. The State recognizes land useright means that the State hands land use right to a person that is usingstably the land not allocated or leased by the State, through the grant of acertificate of land use right, ownership of houses and other land-attachedassets for the first time, for a certain land parcel.
10. Transfer of land use rightsmeans the transfer of land use rights from one person to lớn another by ways ofexchange, transfer, inheritance or donation of land use rights,or capitalcontribution with land use rights.
11. The State recovers land meansthe State decides khổng lồ recover land use rights from a person that is allocatedland use rights by the State, or from a land user that violates the land law.
12. Land compensation means theState returns the value of land use rights for the recovered land area lớn landusers.
13. Remaining land investment costsinclude costs for ground fill-up and leveling and other directly related coststhat can be proved lớn have been invested in land and have not been retrieved bythe time the State recovers the land.
14. Support when State recovers landmeans the State provides assistance lớn personshaving land recovered, inorder to lớn stabilize their livelihood, production và development.
15. Registration of land, houses andother land-attached assets means the declaration và acknowledgement of thelegal status of land use rights, ownership of houses & other land-attachedassets, và the land management right over a certain land parcel, in thecadastral records.
16. Certificate of land use rightsand ownership of houses & other land-attached assets is a legal certificatein which the State certifies the lawful land use rights and ownership of housesand land-attached assets of the person who has land use rights and ownership ofhouses & land-attached assets.
17. Land statistics means that theState, based on the cadastral records,sums up & evaluatesthe landuse status at the time of making statistics, và the land-related changesbetween two statistical times.
18. Land inventory means that theState, based on the cadastral records & on the field, investigates,sumsup và evaluatesthe land use status at the time of conducting inventory,and the land-related changes between two inventory times.
20. Value of land use rights meansthe monetary value of land use rights over a specified land area in a specifiedland use term.
21. Land use levy means an amount ofmoney that a land user shall pay to lớn the State when being allocated landwiththe collection ofland use levy by the State, permitted tochange the land use purpose, or having land use rights recognized by the State.
22. Land information system meansthe system consisting of information giải pháp công nghệ technical infrastructure,software, data & processes and procedures which are developed khổng lồ collect,store, update, process, analyze, synthesize and track land information.
23. Land database means a collectionof land data that are arranged and organized to serve the access to, use,management và update by electronic devices.
24. Land dispute means a disputeover the rights & obligations of land users among two or more parties in aland relationship.

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25. Land destruction means acts oftopographically deforming land, reducing land quality, polluting theland,causing the loss or reduction ofthe land usability accordingto a determined purpose.
26. Public non-business unit meansan organization established by a competent state agency or by a politicalorganization or a socio-political organization,having the function ofcarrying outpublic services in accordance with law.
27. Economic organizations includeenterprises, cooperatives or other economic organizations as prescribed by thecivil law, excluding foreign-invested enterprises.
28. Land for construction ofunderground facilities means a land area used for construction of undergroundfacilities that are not parts of works constructed on the ground.
29. Land-using household means thosewho chia sẻ a marital, family or foster relationship as prescribed by themarriage và family law, are living together & have joint land use rights atthe time of being allocated land or leased land, or having land use rightsrecognized by the State; or receiving transfer of land use rights.
30. Household or individual directlyengaged in agricultural production means a household or an individual that hasbeen allocated, leased agricultural land, or having agricultural land userights recognized by the State; or has received transfer of agricultural landuse rights, and generates stable income from agricultural production on thatland.
Land belongs khổng lồ the entire peoplewith the State acting as the owner’s representative và uniformly managingland. The State shall hand over land use rights to lớn land users in accordancewith this Law.
Land users may be allocated land orleased land, have land use rights recognized by the State, or receive transferof land use rights in accordance with this Law, including:
1. Domestic organizations, includingstate 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 otherorganizations as prescribed by the civil law (below referred collectively to asorganizations);
2. Domestic households andindividuals (below referred collectively to as households & individuals).
3. Communities, including Vietnamesecommunities residing in the same village, street quarter or similar residentialarea sharing the same customs & practices or the same family line.
4. Religiousestablishments,including pagodas, churches, oratories, shrines, monasteries, abbeys, religiousschools, head offices of religious organizations, và other religious establishments.
5. Foreign organizations withdiplomatic functions, including diplomatic representative missions, consulates,other foreign representative agencies with diplomatic functions recognized bythe Vietnamese Government, representative missions of organizations of theUnited Nations, inter-governmental agencies or organizations, andrepresentative missions of inter-governmental organizations.
7. Foreign-invested enterprises,including 100% foreign-invested enterprises, joint-venture enterprises,Vietnamese enterprises in which foreign investors purchase shares, merge oracquire in accordance with investment law.
2. Economy, effectiveness,environmental protection, và causing no harm khổng lồ the legitimate interests ofadjacent land users.
3. Land users may exercise theirrights & perform their obligations within the land use term in accordancewith this Law & other relevant laws.
1. Heads of organizations, foreignorganizations with diplomatic functions, or foreign- invested enterprises,shall take responsibilities for the land use by their organizations.
2. The chairpersons of the People’sCommittee of communes, wards or townships shall take responsibilities for theuse of agricultural land for public purposes; the use of non-agricultural landwhich is allocated khổng lồ the People’s Committees of communes, wards or townships(below referred lớn as commune-level People’s Committees) for the purpose ofconstruction of the People’s Committee offices, public facilities in serve ofculture, education, health, physical training and sports, entertainment,recreation, markets, cemeteries, graveyards & other public facilities in thelocality.
3. The representatives of residentcommunity, who are the heads of villages or street quarters, or the personsappointed under agreement of resident community, shall be responsible for theuse of the allocated or recognized land of the community.
4. Heads of religious establishmentsshall be responsible for the use of land allocated khổng lồ the religiousestablishments.
7. The persons who shares, orrepresents a group sharing, land use rights, shall be responsible for the useof that land.
Article 8. Persons who are assignedmanagement over land for which they shall be responsible before state
a) Organizations assigned to managepublic facilities, including roads, bridges, culverts, sidewalks, water supplyand drainage systems, irrigation systems, dikes và dams; squares, statues andmonuments, và memorial stela;
b) Economic organizations assignedto manage land used for investment projects in the khung of build- transfer (BT)and other forms prescribed by the investment law;
c) Organizations assigned to lớn manageland with water surface of rivers và land with special- use water surface;
d) Organizations assigned to lớn managethe land fund recovered under decisions of competent state agencies.
2. The chairpersons of commune-levelPeople’s Committees shall be responsible for the management over land used forpublic purposes which they are assigned to manage and land that has not beenallocated or leased in the locality.
3. The chairpersons of People’sCommittees of provinces or centrally run cites shall be responsible for themanagement of unused land on uninhabited islands in their localities.
4. The representatives of residentcommunity shall be responsible for land allocated to lớn the resident community formanagement.
The State shall promulgate policiesto encourage land users khổng lồ invest labor, materials and capital in, & applyscientific and technological achievements to, the following activities:
2. Reclamation of waste and unusedland, seaward encroachment, use of empty land, bare hills và unused land withwater surface in accordance with master plans, plans on land use.

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a) Land for cultivation of annualcrops, including paddy land & land for cultivation of other annual crops;
h) Other agricultural land,including land used lớn build greenhouses and other building types forcultivation purpose, including fanning not directly on the land, or lớn buildbreeding 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 andbreeders, & land for growing flowers và ornamental plants.
d) Land for construction ofnon-business facilities, including land for construction of offices ofnon-business organizations; land for construction of cultural, social, health,education và training, physical training and sports, science and technology,and diplomatic facilities & other non-business facilities;
e) Land for non-agriculturalproduction and business, including land for industrial parks, industrialclusters, export processing zones; land for trading & service; land ofnon-agricultural production establishments; land used for mining activities;and land for production of building materials, and pottery;
f) Land used for public purposes,including land used for transport (including airports, airfields, inlandwaterway ports, maritime ports, rail system, road system and other transportfacilities); irrigation; land with historical-cultural relics or scenic spots;land for community activities or public entertainment and recreation; land forenergy facilities; land for post and telecommunications facilities; land formarkets; land for waste dumping & treatment, & land for other publicfacilities;
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