Law on Land[X2865] (Phillips Fox)

Law on Land[X2865] (Phillips Fox) - Subscription 54...

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Unformatted text preview: Subscription 54 (4/2003) 31 March 2004 © Ministry of Planning and Investment and Allens Arthur Robinson X-2865 NATIONAL ASSEMBLY SOT REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 13-2003-QH11 LAW ON LAND Pursuant to the 1992 Constitution of the Sot Republic of Vietnam as amended by Resolution 51-2001-QH10 dated 25 December 2001 of Legislature X of the National Assembly at its 10th session; This Law regulates the administration and use of land. CHAPTER I General Provisions Article 1 Governing scope This Law governs the powers and responsibilities of the State as representative of the ownership of land by the entire people for uniform administration of land and the regime for administration and use of land; and the rights and obligations of land users. Article 2 Applicable entities This Law shall apply to the following entities: 1. State bodies exercising rights and discharging responsibilities as representative of the ownership of land by the entire people and carrying out the task of uniform State administration of land; 2. Land users; 3. Other entities involved in the administration and use of land. Article 3 Application of law 1. The administration and use of land must comply with the provisions of this Law. Where there is no relevant provision in this Law, the provisions of relevant laws shall apply. Subscription 54 (4/2003) 31 March 2004 © Ministry of Planning and Investment and Allens Arthur Robinson X-2866 2. Where an international treaty which the Sot Republic of Vietnam has signed or acceded to contains provisions which conflict with the provisions of this Law, the international treaty shall apply. Article 4 Definition of terms In this Law, the following terms shall be construed as follows: 1. Land allocation by the State means the grant of land use rights by the State by way of an administrative decision to an entity which has requirements for land use. 2. Land lease by the State means the grant of land use rights by the State on the basis of a contract to an entity which has requirements for land use. 3. Recognition by the State of land use right for a person currently using land stably means the initial issuance by the State of a certificate of land use right to such land user. 4. Receipt of transfer of land use rights means the creation of land use rights which are transferred by another in accordance with law in the form of exchange, assignment, inheritance, giving as a gift or donation of land use right, or capital contribution by land use right creating a new legal entity. 5. Land recovery means the issuance by the State of an administrative decision to recover land use rights or to recover land which has been allocated to an organization or the people's committee of a commune, ward or township for administration in accordance with this Law....
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This note was uploaded on 10/24/2011 for the course ECON 101 taught by Professor Abcd during the Fall '11 term at RMIT Vietnam.

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Law on Land[X2865] (Phillips Fox) - Subscription 54...

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