| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------------- |
| No.: 38/2011/ND-CP | Hanoi, May 26, 2011 |
DECREE
ON AMENDMENT AND SUPPLEMENT TO A NUMBER OF PROVISIONS ON ADMINISTRATIVE PROCEDURES OF THE DECREE NO.181/2004/ND-CP DATED OCTOBER 29, 2004, THE DECREE NO.149/2004/ND-CP DATED JULY 27, 2004 AND THE DECREE NO.160/2005/ND-CP DATED DECEMBER 27, 2005
THE GOVERNMENT
Pursuant to the Law on Governmental Organization dated December 25, 2001;
Pursuant to the Land Law dated November 26, 2003;
Pursuant to the Law on Water Resources dated May 20, 1998;
Pursuant to the Minerals Law dated March 20, 1996 and Law amending and supplementing some Articles of the Minerals Law dated June 14, 2005;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Article 1. To amend and supplement Article 123 of Decree No.181/2004/ND-CP dated October 29, 2004 by the Government on the implementation of the Land Law as follows:
"Article 123. Order and procedures for assignment or lease of agricultural land to households, individuals.
1. The assignment of annual crop land, salt-making land to households and/or individuals directly engaged in agricultural production or salt making shall be carried out as follows:
a) Households and individuals submit applications for assignment or lease of land in the People's Committees of communes, wards and townships (hereinafter referred to as the commune-level People's Committees) where the land locates; it must be clearly stated requirements for land use area in the application.
The commune-level People's Committees where elaborate scheme collectively all cases are competent to assign land in the localities; set up the local land assignment advisory councils comprising of presidents or vice-presidents of the People's Committees as council chairmen, the members comprising of representatives of Vietnam Fatherland Front, representatives of Peasants' Association, heads of population quarters in the localities and cadastral officers (hereinafter called as the land assignment advisory councils) to consider and propose cases eligible for land assignment.
b) Based on the opinions of the land assignment advisory councils, the commune-level People's Committees shall finalize the schemes on land assignment, post up the lists of land assignment-eligible cases at the offices of the commune-level People's Committees for seven (07) working days and organize the reception of people's comments; publicize feedbacks at the places where the lists are posted up; finalize the land assignment schemes and submit them to the People's Councils of the same level for adoption before submitting them to the the district-level Natural Resources and Environment Sections for appraisal and to the People's Committees of districts, towns, provincial cities for consideration and approval.
Dossier submitted to the district-level Natural Resources and Environment sections comprises: An application for land assignment of household or individual; A minute reviewing land assignment made by the land assignment Advisory Council; public list of land assignment-eligible cases; A summary of
