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THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
17/2009/TT-BTNMT
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Hanoi,
October 21, 2009
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CIRCULAR
PROVIDING FOR CERTIFICATES OF LAND USE RIGHTS AND HOUSE AND
LAND-ATTACHED ASSET OWNERSHIP
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
Pursuant to the November 26,
2003 Land Law;
Pursuant to the June 18, 2009
Law Amending and Supplementing Article 126 of the Housing Law and Article 121
of the Land Law;
Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of
Articles of Laws concerning capital construction investment;
Pursuant to the Government's Decree No. 25/2008/ND-CP of March 4, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment;
Pursuant to the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on
implementation of the Land Law;
Pursuant to the Government's Decree No. 88/2009/ND-CP of October 19, 2009, on
grant of certificates of land use rights and house and land-attached asset
ownership rights;
The Ministry of Natural Resources and Environment provides for certificates of
land use rights and house and land-attached asset ownership rights as follows:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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Article 2.
Subjects of application
1. State management agencies;
specialized agencies in charge of natural resources and environment, houses and
construction works, agriculture and rural development, and finance, and other
concerned agencies; cadastral officers of communes, wards or townships.
2. Land users; owners of houses
and other land-attached assets; and other concerned organizations and
individuals.
Chapter II
FORM OF CERTIFICATES AND
CONTENTS TO BE PRESENTED ON CERTIFICATES
Article 3.
Form of certificates
1. Certificates are issued by
the Ministry of Natural Resources and Environment according to a unified form
and applicable nationwide to all categories of land, houses and other assets
attached to land. A certificate is a sheet of four pages each of a size of 190
mm x 265 mm on a magenta background with bronze-drum patterns, and contains the
following details:
a/ Page 1 displays the national
name and emblem and the phrase "Certificate of land use rights and house
and land-attached asset ownership" in red; the section "I. Names of
land users and owners of houses and other land-attached assets", and the
serial number of the certificate, consisting of 2 Vietnamese letters and 6
numerals, starting from BA 000001, in black; and the relief stamp of the
Ministry of Natural Resources and Environment;
b/ Page 2 is printed with black
letters and has the section "II. Land lot, houses and other land-attached
assets." showing information on the land lot. houses and other
construction works, planted production forests, perennial trees and notes; date
of signing of the certificate and the agency signing and issuing the certificate;
and number recorded in the certificate-granting book;
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d/ Page 4 is printed with black
letters and has the continued part of the section "IV. Changes after the
grant of the certificate"; notes for the certificate holder; and the bar
code.
2. The specific contents and
presentation of the certificate specified in Clause 1 of this Article are
provided in a form attached to this Circular (not printed herein).
Article 4.
Presentation of information on the land user and the owner of land-attached
assets on page 1 of the certificate
1. Information on the land user and
the owner of land-attached assets who is granted the certificate shall be
written as follows:
a/ For domestic individuals,
write "Mr." (or "Ms./Mrs."), followed by the full name,
year of birth, serial number of the civil or military identity card, if any
(below referred to as the identity card), and address of permanent residence;
b/ For overseas Vietnamese
allowed to own homes in Vietnam, write "Mr." (or
"Ms./Mrs."), followed by the full name, year of birth, nationality,
serial number, date and place of issuance of the passport;
c/ For households, write
"Household of Mr."' (or "Household of Ms./Mrs."), followed
by the full name, year of birth and serial number of the identity card (if any)
of the representative of the household (a member of the household who commonly
holds the land use rights and land attached asset ownership of the household)
under the civil law;
d/ In case the land use rights
and land-attached assets constitute a common asset of wife and husband, write
the full names, years of birth serial numbers of identity cards (if any) and
address(es) of permanent residence of both wife and husband;
e/ For domestic organizations,
write the name of the organization, number and dale of issuance of the
establishment decision or number and date of grant of the business registration
certificate, and the address of the organization^ head office
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g/ For foreigners allowed to
purchase houses in Vietnam, write "Mr." (or "Ms./Mrs."),
followed by the full name, year of birth, nationality, serial number, date and
place of issuance of the passport;
h/ For foreign organizations with
diplomatic functions, write the name of the organization and address of its
head office;
i/ For religious establishments,
write the name and address of the religious establishment;
j/ For population communities,
write the name of the population community and address of its place of common
activity.
2. In case the land user is not
concurrently the land-attached asset owner, separate certificates shall be
granted to the land user and the land-attached asset owner. Information on the
certificate holder shall be written as follows:
a/ For the certificate to be
granted to the land user, write only information on the land user under Clause
1 of this Article;
b/ For the certificate to be
granted to the land-attached asset owner, write only information on this owner
under Clause I of this Article, followed by the phrase "owns assets on the
land lot ... (form of rent, borrowing or receipt of capital contribution) from
... (name of the organization, household or individual that leases, lends or
contributes capital)".
3. For a land lot commonly used
by many organizations, households or individuals that co-own land-attached
assets (except the case specified in Clause 4 of this Article), the certificate
shall be granted to each organization, household or individual after
its/his/her land use rights are or land-attached asset ownership is identified.
Write in each certificate
information on the certificate holder under Clause 1 of this Article, followed
by the phrase "commonly uses the land and co-owns assets together with
other persons" in case of common use of land and co-ownership of
land-attached assets, or the phrase "commonly uses the land together with
other persons" in case of common use of land, or the phrase "co-owns
assets together with other persons" in case of co-ownership of
land-attached assets.
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In case organizations,
households or individuals that commonly use the land or co-own land-attached
assets agree in writing on the grant of a certificate to their representative
(with lawful notarization or certification), write information on the
representative under Clause 1 of this Article, followed by the phrase "who
is the representative of the group of land common users (or land-attached asset
co-owners or land common users and land-attached asset co-owners) under ...
(title and date of signing of the written agreement on appointment of the
representative)".
In case many persons inherit the
land use rights and land-attached asset ownership but by the time of issuance
of the certificate, the inheritance has not yet been divided to each of them,
the certificate shall be granted to their representative for the whole land
area and all land-attached assets included in the inheritance. The appointment
of a representative to be named in the certificate shall be made under a
written agreement among identified heirs (with lawful notarization or
certification). Write in the certificate information on the representative
under Clause 1 of this Article, followed by the phrase "who is the
representative of heirs of the land use rights and land-attached asset
ownership)".
4. In case of grant of
certificates to owners of condominium apartments, the certificate shall be
granted to each apartment owner that commonly uses the land lot and privately
owns the apartment. The certificate shows the name of the certificate holder
under Clause 1 of this Article.
Article 5.
Presentation of information on the land lot on page 2 of the certificate
1. Information on the land lot
shall be presented on the certificate for all cases eligible for grant of
certificates according to the following provisions:
a/ Land lot number: Write the
identification number of the land lot on the cadastral map under the Ministry of
Natural Resources and Environment's regulations on establishment of cadastral
maps.
In case of use of cadastral
measurement records (for localities where cadastral maps are unavailable) for
granting certificates, write the identification numbers of land lots as
indicated in the measurement record. In case of cadastral measurement of a land
lot, write the identification number "01" of the land lot;
b/ Map number: Write the ordinal
number of the cadastral map showing the land lot, for which the certificate is
granted, within each conimune-level administrative unit. In case a cadastral
measurement record is used for granting the certificate, write the
identification number of the measurement record of the land lot.
c/ Address of the land lot:
Write the name of the area (field zone, residential quarter, etc.) house
number, name of street (if any), names of commune-, district- and
provincial-level administrative units;
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- In case the whole acreage of
the land lot is under the use rights of an individual, a household, a population
community, a domestic organization, a religious establishment, a foreign
individual or organization or an overseas Vietnamese, write the acreage of the
land lot in the section of private use and write "no" in the section
of common use.
- In case the whole acreage of
the land lot is under the use rights of many land users, write that acreage in
the section of common use and write "no" in the section of private
use.
- In case the land lot contains
an area under the common use rights of many land users and areas under private
use rights of different land users, write the ;area under common use in the
section of common use and areas under private use in the section of private
use.
- In case there area gardens and
ponds in the land lot and the recognized residential land acreage is smaller
than the acreage of the whole land lot and under both common use and private
use according to each category of land, write each use purpose and each acreage
under private use in the section of private use, and write each use purpose and
each acreage under common use in the section of common use (for example,
"private use: residential land acreage of 120 m2, land acreage
under perennial trees: 300 m2; common use: residential land acreage
of 50 m2, land acreage under annual crops: 200 m2):
e/ Use purposes: For land
allocated or leased by the State, write the land use purpose under the land
allocation or land lease decision. In case of issuance of certificates to
stable land users that have no land allocation or land lease decisions, write
the land use purpose recognized by the State.
For land lots commonly used for
many purposes, write fully these purposes as indicated in land allocation or
land lease decisions.
For a land lot having gardens
and ponds and part of which is recognized as residential land and the remaining
part is recognized as being used as agricultural land, write "residential
land" and the acreage of land recognized as residential land, followed by
the particular land use purpose of each agricultural land acreage.
Land use purposes written in
certificates must be consistent with the cadastral database and dossiers,
including:
- Agricultural land categories:
"land exclusively for wet rive cultivation," "remaining land for
wet rive cultivation," "land for milpa rice cultivation,"
"pasture land for grazing animals," "land for other annual
crops," "land for perennial trees," "production forest
land," "protection forest land," "special-use forest land,"
"land for aquaculture," "land for salt making," and
"other agricultural land";
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Land use purposes shall be
identified under the Ministry of Natural Resources and Environment's
regulations on land statistics and inventory;
f/ Land use duration: For land
allocated or leased by the State, write the use duration as indicated in land
allocation or land lease decisions. For land users whose land use rights arc
recognized by the State, write the use duration recognized under the land law.
For definite land use durations,
write "land to be used until .../.../... (date of expiration of the land
use duration)". In case of long-term and stable land use duration, write
"long-term".
For a residential land lot
having gardens and ponds with the residential area recognized as part of the
land lot. write "residential land: long-term: land for... (use purpose
according to the actual state of garden and pond areas not recognized as
residential land): to be used until .../.../... (date of expiration of use
duration)":
g/ Origin of use:
- In case there is a land
allocation or land lease decision or case of recognition of rights to use
leased land, write as follows:
+ "Land allocated by the
State without land use levy payment." for cases in which land is allocated
by the State without land use levy payment:
+ "Land allocated by the
State with land use levy payment." for cases in which land is allocated by
the State with land use levy payment (including also land allocated through
land use right auction, condominium apartments purchased from investors who
have been allocated land by the State with land use levy payment, and land
re-allocated by management boards of hi-tech parks or economic zones). In case
of land use levy exemption, additionally write "and with land use levy
exemption". In case of land use levy reduction, additionally write
"and with land use levy reduction... (reduced levy amount or reduction
percentage)":
+ "Land leased by the State
with lump-sum rent payment", for cases in which land is leased by the
State with lump-sum rent payment for the whole lease duration (including also
land leased through land use right auction, and land leased by management
boards of hi-tech parks or economic zones with lump-sum rent payment). In case
of land rent exemption for the whole lease duration, additionally write
"and with land rent exemption". In case of land rent exemption for a
number of years, additionally write "and with land rent exemption for...
(number of years of rent exemption) years". In case of land rent
reduction, additionally write "and with land rent reduction for ...
(number of years of rent reduction) years, reduction level... (reduced rent
amount or reduction percentage)";
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- In case land users have their
land use rights recognized by the State but do not shift to rent land, write as
follows:
+ "Land use rights
recognized as in case of land allocation with land use levy payment" for
cases of use of land allocated with land use levy payment under the land law,
including households and individuals that use residential land and land for
non-agricultural production or business activities without having to pay land
use levy upon grant of certificates.
For land allocated with land use
levy payment but this levy has been exempted or reduced, additionally write the
land rent exemption or reduction as for cases eligible for exemption or
reduction upon land allocation by the State with land use levy payment;
+ "Land use rights
recognized as in cases of land allocation without land use levy payment"
for cases of use of land allocated without land use levy payment;
- In case of grant of new
certificates due to division or consolidation of land lots or receipt of land
use rights in the cases specified at Points d and e. Clause 1, Article 19 of
this Circular without any change in land use purpose, and cases of renewal or
re-grant of certificates, write in new or renewed certificates details written
in the original certificates.
In case the land use origin is
not stated in a granted land use right certificate, it shall be identified and
shown under this Circular based on the previously approved dossier for grant of
the certificate and the land law provisions effective at the time of grant of
the certificate:
- In case of conversion of land
use purposes which requires certificates, write information specified for cases
in which land is allocated by the State with land use levy payment (if land
users pay land use levy for land use purpose conversion): write information
specified for cases in which land is leased by the Slate (if land users shift
to rent land or continue renting land after land use purpose conversion): write
information written before the land use purpose conversion for cases in which
land use rights are recognized by the State and land users are not required to
pay levy for land use purpose conversion or to shift to rent land;
- In case of grant of
certificates to parties that are leased or sub-leased land by industrial park,
hi-tech park or economic zone infrastructure developers, write "land
leased by industrial park (or economic zone or hi-tech park infrastructure)
developer";
- In case a land lot consists of
many parts with different land use origins, write each category of origin and
each land acreage of such origin.
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Map
No.
Land
lot No.
Acreage
(nr)
Use
purpose
Use
duration
Use
origin
Common
use
Private
use
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In case a land user uses many
land lots which cannot be fully presented on page 2 of a certificate, another
certificate shall be granted to present information on remaining land lots.
Article 6.
Presentation of information on houses and other land-attached assets on page 2
of the certificate
1. Land-attached assets to be
presented in a certificate are those under ownership of the applicant and
actually formed at the time of grant of the certificate, except the cases
specified in Clause 12 of this Article.
2. Information on a house
includes the details below to be presented as follows:
a/ Address: Write "the same
as the address of the land lot". In case certification of house ownership
is made after grant of a certificate but the address of the house is not the
same as that of the land lot. this detail shall be presented as follows:
- For a separate house or
condominium apartment owned by an owner in an urban center, write the numbers
of the house, alley and lane (if any), name of the road (street), and names of
the commune-, district- and provincial-level administrative units;
- For a separate house in a
rural area, write the name of the village or hamlet and names of the commune-,
district- and provincial-level administrative units;
- For a condominium apartment,
write the numbers of the apartment and floor, the name and address of the
condominium:
b/ Construction acreage: Write
the ground-surface occupancy acreage of the house in square meters (m2)
in Arabic numerals, rounded to one decimal number. For condominium apartments,
write "-/-";
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d/ House structure: Write types
of construction materials (brick, concrete, wood....) of main structure parts,
i.e., wall, frame, floor and roof (for example, reinforced concrete walls,
frame and floor, and tiled roof);
e/ House grade: Write the house
grade under the Ministry of Construction's Circular No. 05-BXD/DT of February
9, 1993, guiding the method of determining the usable area and grading of
houses;
f/ Number of stories: Write the
total number of stories of the house;
g/ Year of construction
completion: Write the time of completion of house construction. If that time is
unidentified, write "-/-";
h/ Ownership duration in
different cases:
- For foreign organizations and
individuals allowed to purchase houses associated with residential land use
rights in Vietnam, write the date (day, month and year) of expiration of the
ownership duration under the housing law:
- In case owners have houses on
land rented or borrowed from other land users or receive land use rights
contributed as capital without establishing new land-using legal entities,
write the date (day. month and year) of expiration of the lease term, duration
of borrowing or receiving land use rights contributed as capital:
- For other cases, write
"-/-".
3. Information on construction
works includes the details below to be presented as follows:
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b/ Present detailed information
on the work in the following table: work capacity under the approved investment
decision or investment project or investment certificate or investment license
(for example, thermo-power plant: "3.000 MW." stadium: "20,000
seats");
- Structure: write types of
construction materials of main structure parts, i.e, walls, frame, floor,
roof (for example, brick walls, reinforced concrete frame and floor, tiled
roof);
- Construction work grade: Write
under the Government's Decree No. 209/2004/ND-CP of December 16, 2004. on
quality management of
Work
item
Construction
area (m2)
Floor
area or capacity
Main
structure
Work
grade
Number
of stories
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Ownership
duration
...
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In which:
- Work item: Write names of main
work items stated in the project approval decision, investment decision or
investment license or construction license of the competent authority;
- Construction area: Write the
ground-surface occupancy area of the work in square meters (m2) in Arabic
numerals, rounded to one decimal number:
- Floor area (or capacity):
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+ For other architectural works,
write the construction works;
- Number of stories: Write the
total number of stories for works of house pattern. For non-house works, write
"-/-";
- Year of construction
completion: Write the time of work construction completion. If this time is
unidentified, write "-/-";
- Duration of work ownership:
Write under Point h, Clause 2 of this Article.
4. Information on structure,
grade (level) of houses and construction works specified in Clauses 2 and 3 of
this Article shall be based on title documents of houses and construction works
specified in Articles 8 and 9 of the Government's Decree No. 88/2009/ND-CP of
October 19, 2009. on grant of certificates of land use rights and house and
land-attached asset ownership (below referred to as Decree No. 88/2009/ND-CP).
In case title documents of houses and construction works do not contain these
information details, write "-/-" in the sections on structure and
grade (level).
5. Information on planted
production forests includes the details below to be presented as follows:
a/ Forest acreage: Write the
land acreage under forest owned by the certificate holder in square meters (m2)
in Arabic numerals:
b/ Information on origin of
formation shall be presented as follows:
- For forests allocated by the
State with levy payment, write "forest is allocated by the State with levy
payment, under forest allocation dossier No.... (serial number of the forest
allocation dossier archived at the state management agency in charge of
forestry)";
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- For forests planted by the
certificate applicant with capital not of state budget origin, write
"forest planted by locals themselves";
- For forest consisting of
different forest areas of different origins, each origin and forest area of
such origin shall be presented one by one.
6. Information on perennial
trees shall be presented under the guidance of the Ministry of Natural
Resources and Environment and the Ministry of Agriculture and Rural Development.
7. In case of certification of
ownership of the whole condominium for an owner, information on the condominium
shall be presented under Clause 2 of this Article.
In case of certification of
ownership of pail of a condominium (several apartments) for an owner and
certification of ownership of a house for mixed use purposes under an
investment project or an investment certificate or a land allocation or lease
decision, of which part is used for the residential purpose and other parts are
used for other purposes (for example, restaurant, commercial business, working
office), at the point "2. Houses" write only common information on
the house, including address; structure; grade (level): number of stories: and
year of construction completion. Detailed information on apartments or other
construction items shall be presented in the following table:
Item
or apartment No.
Story
No.
Floor
area (m2)
Item
or apartment No.
...
...
...
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Floor
area (m2)
...
...
...
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...
...
...
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In case all assets cannot be
fully presented on page 2 of a certificate, another certificate shall be
granted for presenting assets not presented on the first certificate. From the
second certificate on. do not write detailed information on the land lot shall
not be written like the first certificate but write "information on the
land lot subject to use rights presented in certificate No.... (entry number in
the book of granting the first certificate) at the point "1. Land
lot".
9. In case of grant of a certificate
for a land lot without land-attached assets or with land-attached assets
whereby the certificate applicant does not wish to have his/her asset ownership
certified, write as follows:
"2. House: Ownership is not
yet certified.
3. Other construction works:
Ownership is not yet certified.
4. Plated production forest:
Ownership is not yet certified.
5. Perennial trees: Ownership is
not yet certified."
10. In case of certification of
ownership of houses and construction works of households and individuals as
specified at Point h. Clause 1. Article 8 and Point f. Clause 1. Article 9 of
Decree No. 88/2009/ND-CP, in which houses were completed before July 1. 2006
(the effective date of the Housing Law), construction works were completed
before July 1, 2004 (the effective date of the Construction Law), or houses
were
completed on or after July 1, 2006, and construction works were completed on or
after July 1, 2004. but they are not subject to construction licensing, there
must be the commune-level People's Committee's written certification that these
houses or construction works are dispute-free, were built before land use
planning or urban construction detailed plan or rural residential area planning
is approved. Houses and construction works built after the approval of this
planning or plan must be in line with this planning or plan.
11. In case land use rights or
ownership of houses or construction works are transferred from investors that
have constructed these houses or construction works for sale and transferees
wish to carry out procedures of application for certificates by themselves,
transferors shall provide transferees with papers for doing so under Article 18
of Decree No. 88/2009/ND-CP.
Information on land use rights
shall be presented under Article 5 of this Circular. Information on ownership
of land-attached assets shall be presented under Clauses 1, 2, 3 and 4 of this
Article.
...
...
...
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a/ Houses, make-shift
construction works and auxiliary works outside principal works (for example,
shacks or make-shift houses, fences, car-parking houses, yards, water wells or
tanks, electric poles, etc.);
b/ Land-attached assets for
which or dismantlement decisions or notices or land recovery decisions have
been issued by competent state agencies;
c/ Houses and construction works
which are built after the publicization of a construction ban or land use
planning or construction detailed plan and not in line with this planning or
plan at the time of grant of certificates: those encroaching upon marked
boundaries for protection of technical infrastructure facilities or ranked
historical-cultural relics;
d/ Assets attached to land lots
ineligible for land use right certification under the land law;
e/ State-owned assets;
f/ Land-attached assets not
falling into the cases eligible for ownership certification specified in
Articles 8. 9 and 10 of Decree No. 88/2009/ND-CP.
Article 7.
Presentation of details of certificates in case a house or construction work is
situated on different land lots of many land users
1. In case each land lot is
under the use rights of each land user who is concurrently a co-owner of the
house or construction work, a certificate shall be granted to each land user
with information therein presented as follows:
a/ Write information on the
certificate holder under Clause 3, Article 4 of this Circular;
...
...
...
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2. In case each land lot under
the use rights of each land user who is not concurrently a co-owner of the
house or construction work situated on different land lots, the certificate
shall be granted to each land user and land-attached asset owner with
information therein presented as follows:
a/ In the certificate granted to
a land user, write information on the land user under Clause 1. Article 4 of
this Circular; information on the land lot under Article 5 of this Circular:
and write the words "Ownership is not certified" in the section for
information on land-attached assets.
b/ In the certificate granted to
an asset owner, write information on the asset owner under Point b. Clause 2.
Article 4 of this Circular; information on land lots rented (or borrowed....).
and in the section for information on land-attached assets owned by the
certificate holder under Articles 5 and 6 of this Circular.
Article 8.
Presentation of information in the note section of certificates
1. In case decisions on land allocation
or lease or land use purpose conversion and other papers on land use rights
under the land law, title documents of land-attached assets specified in
Articles 8. 9 and 10 of Decree No. 88/2009/ND-CP set limitations on land use
rights or land-attached asset ownership, write these limitations in
certificates.
2. In case a land lot or part of
a land lot lies within a work's announced or marked safety protection corridor,
write in the certificate to be granted for it the words "The land lot lies
within the safety protection corridor of work ... (name of the work with the
safety protection corridor); or the words "The land lot has ... nr within
the safely protection corridor of work ..." in case part of the land lot
lies within the safety protection corridor of a work.
3. For localities where
cadastral maps are unavailable, write "Number and acreage of the land lot
are not yet identified on cadastral map".
Article 9.
Plans of land lots, houses and other land-attached assets on certificates
1. Plan of a land lot shall be
presented as follows:
...
...
...
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b/ Cases in which the plan is
not presented:
- A certificate is granted for
many agricultural land lots:
- Land for construction of
lineal works (for example, roads, power transmission lines constructed in the
BOT form); irrigation or hydropower reservoirs.
2. Plans of houses and other
land-attached assets shall be presented as follows:
a/ A plan of a house and other
land-attached assets is drawn with continuous broken lines on the land lot plan
in the position corresponding to the field position. In case the boundaries of
the house and other land-attached assets are the same as those of the land lot.
the plan shall be drawn based on the land lot boundaries;
b/ A plan of a house (except
condominium apartments) or construction work must show boundaries of the
construction ground (land occupancy) of this house or construction work:
c/ A plan of a condominium
apartment must present the blueprint of the floor with the apartment, showing
the position and floor shape of the apartment (without showing each room), sign
(arrow) showing the main entrance of the apartment, and its dimensions;
d/ In case of certification of
addition of or change in land-attached assets in a certificate, the plan must
present the appropriate addition or adjustment of the assets and bear a certification
seal of the land use right registry office. In case of certification of
addition of or change in land-attached assets but it is impossible to present
such addition or adjustment on page 3 of the certificate, the certificate shall
be renewed.
3. The plan of the land lot and
land-attached assets shall be presented based on dimensions and acreage of the
land lot and land-attached assets.
...
...
...
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Article 10.
The section for signatures and writing of numbers of certificates recorded in
the certificate-granting book
1. The section for signatures
shall be presented as follows:
a/ Write the name of the place
where the certificate is granted and date of signing;
b/ In case the
certificate-granting agency is a provincial- or district-level People's
Committee, write as follows:
On behalf of the People's
Committee of ... (name of the administrative unit competent to grant the certificate)
Chairman
Signature and full name of the
signee and the seal of the People's Committee
c/ In case the provincial-level
Natural Resources and Environment Department is authorized by the
provincial-level People's Committee to sign and grant the certificate, write as
follows:
On behalf of the People's
Committee of ... (name of the provincial-level administrative unit)
...
...
...
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Director of the Natural
Resources and Environment Department
Signature and full name of the
signee and the seal of the Natural Resources and Environment Department
2. The number of the certificate
recorded in the certificate-granting book shall be written in letters and
numerals (ordinal numbers of certificates recorded in the certificate-granting
book) as follows:
a/ For a certificate granted by
a district-level People's Committee, write "CH". followed by the
ordinal number recorded in the certificate-granting book consisting of 5
numerals assigned for each commune, starting from 00001 for the first
certificate granted under this Circular.
b/ For a certificate granted by
a provincial-level People's Committee, write "CT". followed by the
ordinal number recorded in the certificate-granting book, consisting of 5
numerals assigned for each province or centrally run city, starting from 00001
for the first certificate granted under this Circular.
Article 11.
Bar codes of certificates
1. The bar code of a certificate
is printed at the bottom of page 4 upon grant of the certificate.
2. Bar codes are used for
management purposes and search for information on certificates and dossiers of
application for certificates. A bar code is a sequence of positive integers,
after the model MV = MX.MN.MHS, in which:
a/ MX means the code of the
commune-level administrative unit where the land lot lies, presented under the
Prime Minister's Decision No. 124/2004/QD-TTg of July 8, 2004, promulgating the
list and codes of Vietnamese administrative units. For a certificate granted
for a land lot lying on several commune-level administrative units, the code of
the commune where the biggest part of the land lot lies shall be written;
...
...
...
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c/ MHS means the code of the
original dossier (the original dossier comprises papers required for the grant
of the certificate), consisting of six numerals, starting from 000001 for the
dossier of application for the first certificate under this Circular.
3. Localities lacking conditions
for printing bar codes shall still set up systems of codes of original dossiers
(MHS) starting from the dossier of application for the first certificate under
this Circular. From July 1.2010, these localities shall print bar codes on
certificates.
Article 12.
Certification of changes after grant of certificates
1. Write certified changes in
the column "Changes and legal grounds" as follows:
a/ In case the land user or
land-attached asset owner changes his/her/its name, write "the land user
or land-attached asset owner is renamed ... (new name of the land user or
land-attached asset owner under Clause 1. Article 4 of this Article) according
to dossier No... (ordinal number of the dossier for change registration)";
b/ In case of transformation of
land-using households or individuals into economic organizations owned by these
households or individuals or transformation of enterprises not involving
transfer of land use rights or land-attached asset ownership, write "the
certificate holder is renamed ... (name of the enterprise after establishment
or transformation) due to ... (form of enterprise establishment or
transformation) according to dossier No.... (ordinal number of the dossier for
change registration)";
c/ In case an industrial park,
hi-tech park or economic zone infrastructure developer leases or sub-leases
land, write on the certificate of the lesser "Leasing (or subleasing) land
lot (or plot)
No ….. acreage....m2
to ... (name of the lessee or sub-lessee) according to dossier No.... (ordinal
number of the dossier for change registration)";
d/ In case of mortgage of land
use rights or land-attached assets:
...
...
...
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- In case of mortgage of land
use rights, write "Mortgage of land use rights at ... (writing the name
and address of the mortgagee) according to dossier No.... (ordinal number of
the dossier for change registration)";
- In case of mortgage of
land-attached assets, write "Mortgage of land-attached assets at ... (name
and address of the mortgagee) according to dossier No.... (ordinal number of
the dossier for change registration)";
- In case of mortgage of
land-attached assets to be formed in the future, write "Mortgage of
land-attached assets to be formed in the future at ... (name and address of the
mortgagee) according to dossier No.... (ordinal number of the dossier for
change registration)";
e/ In case of contribution of
land use rights and land-attached assets as capital without establishing new
legal entities, write "Contribution of land use rights and land-attached
assets as capital to ... (name and address of the contribution recipient)
without establishing a new legal entity, according to dossier No.... (ordinal
number of the dossier for change registration)";
f/ In case of deregistration of
mortgage of or contribution of land use rights and land-attached assets as
capital, write "Deregistration of mortgage (or capital contribution) is
made on .../ ..../. ..(date) according to dossier No.... (ordinal number of the
dossier for change registration)";
g/ In case of acreage change due
to natural landslide of part of the land lot. write "Natural land
landslide of ...m2 according to dossier No.... (ordinal number of the dossier
for change registration)". In case of landslide of the whole land lot.
write on the common certificate granted for many land lots "Natural land
landslide of whole land lot No.... according to dossier No.... (ordinal number
of the dossier for change registration)";
h/ In case of conversion of the
land use purpose, write "Conversion of the land use purpose into ... (new
land use purpose) under Decision No ……, dated .../.../... (for cases of use
purpose conversion subject to permission), and according to dossier No....
(ordinal number of the dossier for change registration)";
i/ In case of permitted
extension of the land use duration, write "The land use duration is
extended to .../.../...(date) under Decision No..., dated .../.../....
according to dossier No... (ordinal number of the dossier for change
registration)";
-In case households and
individuals are allowed to further use their agricultural land, write
"Land use continues until.../.../.. .(date)";
...
...
...
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k/ In case of changes in
information on land-attached assets already written in a certificate, these
changes shall be presented as follows:
- In case of a change in
construction area, floor area, ownership, number of stories, structure, grade
(class), ownership duration; change in the area under forest or origin of
forest formation, write "... (name of the asset and changed information)
according to dossier No... (ordinal number of the dossier for change
registration)";
- In case of certification of
addition of a land-attached asset in a granted certificate, write
"Certification of addition of ownership of ... (name of the additionally
certified asset and information thereon under Article 6 of this
Circular)":
l/ In case of a change in
limitations on land use rights and land-attached assets stated in the
certificate, write "Limitations on .... (specific limitations and changes
therein) according to dossier No... (ordinal number of the dossier for change
registration)";
m/ In case investors build
condominiums for sale of apartments and carry out procedures for change
registration for the first time, write "the land lot is now under common
ownership" in certificates already granted to these investors.
In case the certification of
investors' ownership of condominium apartments has been made, when the
apartment ownership is transferred, write "Apartment No... is sold"
in investors' certificates;
n/ In case of a change in the
ordinal number of a land lot, write "the new number of the land lot is
…..due to .... (reason for change). In case of a change in the ordinal number
of a map. write "the new number of the map is .... due to.... (reason for
change";
o/ In case of renaming of an
administrative unit or adjustment of administrative boundaries under a decision
of a competent state agency, write "Renaming of the commune (or ward,
township or district) into ... (new name of the administrative unit":
p/ In case an error or mistake
is delected in information in a certificate, write "there is an error in
.... (erroneous content), which must be corrected (conected content) according
to dossier No... (ordinal number of the dossier for change registration)":
...
...
...
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In case the land user transfers
the rights to use part of the land lot acreage, write "Land lot No.... is
split up for transfer of land use rights according to dossier No... (ordinal
number of the dossier for change registration)" in the transferor's
certificate;
r/ In case of land recovery,
transfer of land use rights or land-attached asset ownership, or renewal of a
certificate, or revocation of a granted certificate for other reasons, write
the reason for revocation and append the seal of the land use right registry
office for certification on page 1 of the certificate before it is filed.
2. Ordinal numbers of dossiers
for change registration shall be given by land use right registry offices upon
receipt of these dossiers.
The ordinal number of a dossier
for change registration consists of six numerals arranged according to Item b.
Point 2.13, Section III of the Ministry of Natural Resources and Environment's
Circular No. 09/2007/TT-BTNMT of August 2, 2007, guiding the compilation,
revision and management of cadastral dossiers (below referred to as Circular
No. 09/2007/TT-BTNMT).
3. The column
"Certification by competent agency": The land use right registry
office shall write the date); give the signature and append the seal with the
full name of the signee.
Article 13.
Recording and remission of unfulfilled financial obligations
1. The recording and remission
of unfulfilled financial obligations shall be written in the section "IV.
Changes after grant of the certificate".
2. Details of recording and
remission of unfulfilled financial obligations shall be presented in the column
"Changes and legal grounds" as follows:
a/ In case of recording of an
unfulfilled financial obligation upon grant of a certificate with an arrear
amount identified under law, write "Arrear of... (unfulfilled financial
obligation and the arrear amount in figures and words)".
...
...
...
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b/ In case of remission or
fulfillment of an unfulfilled financial obligation, write "Financial
obligation fulfilled".
3. Land use right registry
offices shall give certifications under Clause 3. Article 12 of this Circular.
Article 14.
Certification of changes for all kinds of old certificates
For certificates of land use
rights, certificates of house ownership and residential land use rights,
certificates of house ownership and certificates of construction work ownership
granted before December 10,2009 (the effective date of Decree No.
88/2009/ND-CP). if there are changes in the cases specified in Clause 2.
Article 19 of this Circular (except cases of request for additional
certification of land-attached asset ownership in these certificates), such
certification of changes in these certificates shall be made under Articles 12
and 13 of this Circular.
Article 15.
Grant and writing of a certificate for a person's land plot used for a single
purpose but lying in more than one administrative unit
1. For a land plot lying on more
than one commune, ward or township, the part of the land plot lying in each
commune-level administrative unit shall be regarded as a land plot numbered on
the cadastral map of the commune, ward or township having that part of the land
plot.
2. A certificate shall be
granted as follows:
a/ In case the land plot falls
within a competent agency's competence to grant certificates, a certificate
shall be granted for the whole acreage of the land plot. Section II of the
certificate shall show each land lot and land-attached assets in each commune,
ward or township under Articles 5 and 6 of this Circular:
b/ In case the land plot falls
within different agencies' competence to grant certificates, a certificate
shall be granted for the land acreage and land-attached assets under each
agency's competence by such agency.
...
...
...
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1. In case certificates are
printed:
a/ Ordinal numbers and titles of
sections and points shall be printed in the letter font "Times New
Roman", bold type and font size of 13. Particularly, points shall be
printed in Italic letters and numerals;
b/ Information in Sections I.
II, III and IV in a certificate shall be printed in the letter font "Times
New Roman", regular type and minimum font size of 12. Particularly, the
names of the land user and land-attached asset owner in Section I shall be
printed in bold type and minimum font size of 13.
2. In case certificates are
hand-written:
a/ Proper names of the land user
and land-attached asset owner shall be written in bold letters. Particularly,
letters and numerals of other details shall be of regular type:
b/ Letters and numerals in the
certificate must be of a size of 3 mm - 4 mm.
3. Letters and numerals in certificates
shall be printed or written in black.
Article 17.
Responsibility to print or write certificates and inspect the certificate
printing or writing
1. Land use right registry
offices shall print or write details of certificates.
...
...
...
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Article 18.
Responsibility to print, distribute and manage the use of blank certificates
1. The General Department for
Land Administration shall:
a/ Organize the printing and
distribution of blank certificates to provincial-level Departments and
district-level Divisions of Natural Resources and Environment;
b/ Compile and manage books for
monitoring the distribution of blank certificates. In case of distribution of
blank certificates to district-level Divisions of Natural Resources and
Environment, notify the quantity and serial numbers of these blank certificates
to provincial-level Departments of Natural Resources and Environment;
c/ Guide and inspect the
management and use of blank certificates in localities.
2. Provincial-level Departments
of Natural Resources and Environment shall:
a/ Work out plans on use of
blank certificates of their localities, then submit them to the General
Department of Land Administration before October 31 every year;
b/ Receive and distribute blank
certificates; compile books for monitoring the receipt, distribution and use of
blank certificates in localities;
c/ Guide and inspect the
management and use of blank certificates in localities;
...
...
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3. District-level Divisions of
Natural Resources and Environment shall:
a/ Work out their localities'
plans on use of blank certificates, then send them to provincial-level
Departments of Natural Resources and Environment before October 15 every year;
b/ Manage blank certificates and
open books for monitoring the use thereof.
Chapter
III
REGISTRATION OF CHANGES
AFTER GRANT OF CERTIFICATES
Article 19.
Cases of grant of new certificates or certification of changes after grant of
certificates
1. Cases in which changes in
land use rights or land-attached asset ownership are eligible for grant of a
new certificate:
a/ Consolidation of many land
lots into a sole lot or transfer of ownership of many land-attached assets of
different owners to a sole owner;
b/ Formation of a new land lot
in case of conversion of the use purpose of part of a land lot or the State
recovers part of a land lot or the land user requests the split up of a land
lot into many lots as permitted by law;
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d/ Changes related to the whole
or part of a land lot or land-attached assets in case of settlement of a
dispute over land or land-attached assets under law; division or merger of
land-using organizations; settlement of debts under agreements in mortgage contracts;
execution of administrative decisions on settlement of complaints or
denunciations: execution of court judgments or rulings or judgment enforcement
decisions of judgment enforcement agencies; implementation of documents
recognizing results of the auction of land or assets under law; division of
common land use rights and land-attached assets of a household or a group of
persons commonly using land or co-owning land-attached assets;
e/ Receipt of transferred rights
to use the whole or part of a land lot or a land-attached asset through
conversion, transfer, inheritance, presentation as gift, donation or
contribution as capital for establishment of a new legal entity;
f/ Changes in information on a
land lot due to measurement for making cadastral maps;
g/ Damage or loss of a granted
certificate;
h/ The land user or
land-attached asset owner wishes to have its certificate granted before
December 10. 2009, renewed;
i/ Cases of change specified at Points
b, c, d, e, f, k, l, m and n, Clause 2 of this Article, in which certificate
holders request the grant of new certificates.
2. Cases eligible for
certification of changes in a granted certificate:
a/ The land user or
land-attached asset owner make a mortgage of land use rights or land-attached
assets or contribution of land use rights or land-attached assets as capital
without founding a new legal entity regarding the whole land lot or
land-attached asset or part of a land lot or land-attached asset;
b/ The land user or
land-attached asset owner is allowed to rename him/her/itself;
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d/ The land user requests the
certification of land-attached asset ownership in its granted certificate;
e/ There is a change in
information on number of the land lot or the name of the administrative unit
where the land lot or the land-attached asset exists;
f/ The land use purpose is
converted or the utility of the house or construction work is changed:
g/ The land use or asset
ownership duration changes;
h/ The form of land lease by the
State is converted into land allocation with land use levy payment;
i/ There is a change in
limitations on rights of the land user or land-attached asset owner;
j/ There is a change in the
financial obligation of the land user;
k/ There is a change in the
construction or use acreage, number of stories, structure, grade (class) of the
house or construction work;
l/ There is a change in the
acreage, origin of formation or dossier for allocation of a planted production
forest;
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n/ A granted certificate covers
many land lots one or several of which is or are transferred by the land user.
Article 20.
Places of submission of dossiers for and receipt of results of change legist
ration after grant of certificates
1. Places of submission of
dossiers and receipt of results of completion of procedures for change
registration after grant of certificates are specified in Article 11 of Decree
No. 88/2009/ND-CP.
In case a household or
individual submits a dossier to the People's Committee of the commune or
township where the land lot or land-attached asset exists, the latter shall
forward the dossier to the land use right registry office under the
district-level Division of Natural Resources and Environment (below referred to
as the district-level land use right registry office) within three (3) working
days after receipt of a complete and valid dossier.
2. In case of transfer of land
use rights or land-attached asset ownership by domestic organi-zations,
overseas Vietnamese implementing investment projects or overseas Vietnamese
allowed to own foreign organizations and individuals to overseas Vietnamese
households or individuals houses in Vietnam, dossiers shall be submitted and
results received at district-level land use right registry offices.
In case of transfer of land use
rights or land-attached asset ownership by overseas Vietnamese households or
individuals to domestic organizations or overseas Vietnamese for implementation
of investment projects, dossiers shall be submitted and results received at
land use right registry offices under the provincial-level Department of Natural
Resources and Environment (below referred to as the provincial-level land use
right registry office).
3. Upon receiving dossiers, land
use right registry offices and People's Committees of communes or townships
shall issue dossier receipts to dossier submitters, examine these dossiers and.
in case it is necessary to supplement or complete the dossiers notify in
writing the submitters within three (3) working days.
Article 21.
Time limit for completing procedures for change registration after grant of certificates
The time limit for completing
procedures for change registration after grant of certificates shall be
prescribed by provincial-level People's Committees but must not exceed fifteen
(15) working days, excluding the time for land users and land-attached asset
owners to fulfill their financial obligations.
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Article 22.
Agencies making certification of changes in certificates and updating cadastral
dossiers
1. Provincial-level land use
right registry offices shall make certification of changes in granted
certificates and concurrently revise and update cadastral dossiers and
databases in cases land users and land-attached asset owners arc domestic
organizations, religious establishments or overseas Vietnamese implementing
investment projects, or foreign organizations or individuals.
2. District-level land use right
registry offices shall make certification of changes in granted certificates
and concurrently revise cadastral dossiers under their management and update
cadastral databases in cases land users and land-attached asset owners are
overseas Vietnamese households, individuals or population communities that own
houses in Vietnam.
Article 23.
Order and procedures for registration of transfer, inheritance, presentation as
gifts or donations of land use rights or land-attached asset ownership
1. A transferee, heir or donation
recipient shall submit a dossier set as follows:
a/ For transfer, inheritance or
receipt as gifts or donations of land use rights and land-attached assets, a
dossier comprises:
A written record of transaction
in land use rights or land-attached assets (transfer contract for cases of
transfer: testament or written record of division of estate or legally
effective court judgment or ruling on dispute settlement for cases of
inheritance or request of the only heir; written commitment, contract or decision
on presentation as a gift or donation for cases of receipt of gifts or
donations);
Papers on land use rights and
documents of title of land-attached assets (certificate of land use rights,
house ownership and other land-attached assets or certificate of house
ownership and residential land use rights, or certificate of land use rights
and certificate of house ownership, certificate of construction work ownership
or any of the papers certified in Clauses 1. 2 and 5. Article 50 of the Land
Law and any of the papers specified in Articles 8. 9 and 10 of Decree No.
88/2009/ND-CP);
b/ For transfer, inheritance, or
receipt as gifts or donations of land use rights, a dossier comprises:
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- Papers on land use rights
(certificate of land use rights, house ownership and other land-attached assets
or certificate of land use rights or certificate of house ownership and
residential land use rights or any of the papers certified in Clauses 1. 2 and
5. Article 50 of the Land Law);
c/ For transfer, inheritance, or
receipt as gifts or donations of land-attached asset ownership, a dossier
comprises:
- A written record of
transaction in land-attached asset ownership (transfer contract for cases of
transfer: testament or written record of division of estate or legally
effective court judgment or ruling on dispute settlement for cases of
inheritance or request of the only heir; written commitment, contract or
decision on presentation as a gift or donation for cases of receipt of gifts or
donations);
- Papers on land-attached asset
ownership (certificate of land use rights, house ownership and other
land-attached assets or certificate of house ownership or certificate of
construction work ownership or any of the papers certified in Articles 8, 9 and
10 of Decree No. 88/2009/ND-CP):
- In case the transferor or
donor is the asset owner but not concurrently the land user, there must be a
written consent of the land user for the asset owner to transfer or present as
gifts or donate the land-attached assets, which has been notarized or certified
by the commune- or district-level People's Committee under law.
2. After receiving a complete
and valid dossier, the land use right registry office shall examine the dossier
and. if the case is compliant with law, perform the following jobs;
a/ Cadastral measurement of the
land lot. for cases in which the certificate has not yet been granted in a
locality where cadastral maps are unavailable or the certificate has been
granted but the land lot plan is not available or for cases of transfer of
rights to use part of the land lot;
b/ Completion of procedures for
the grant of a certificate and handover of this certificate to the applicant
that has fulfilled the financial obligation or sending thereof to the commune
or township People's Committee for handover to the applicant that has submitted
the dossier in this commune or township People's Committee; and revision and updating
of the cadastral dossier and database.
Article 24.
Order and procedures for registration for lease or sub-lease of land use rights
or land-attached assets
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a/ In case of lease or sub-lease
of land use rights and land-attached assets, a dossier comprises:
- A contract on lease or
sub-lease of land use rights and land-attached assets;
- Papers on land use rights and
title documents of land-attached assets specified at Point a, Clause 1. Article
23 of this Circular:
b/ In case of lease or sub-lease
of land use rights, a dossier comprises:
- A contract on lease or
sub-lease of land use rights;
- Papers on land use rights
specified at Point b. Clause 1. Article 23 of this Circular;
c/ In case of lease of
land-attached assets, a dossier comprises:
- A contract on lease of
land-attached assets:
- Title documents of
land-attached assets specified at Point c. Clause 1, Article 23 of this
Circular;
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2. After receiving a complete
and valid dossier, the land use right registry offices shall examine the
dossier and. if the case is compliant with laws, perform the following jobs:
a/ Cadastral measurement of the
land lot. for cases in which the grant of a certificate is required in a
locality where cadastral maps are unavailable;
b/ Registration of the lease in
the cadastral dossier or database; completion of procedures for the grant of a certificate
for cases in which the grant of a certificate is required; handover of the
certificate to the applicant or sending thereof to the commune or township
People's Committee for handover to the applicant that has submitted the dossier
in this commune or township People's Committee.
For investors i n construction
and commercial operation of infrastructure facilities in industrial parks,
economic zones or hi-tech parks that lease or sub-lease their land use rights
associated with infrastructure, provincial-level land use right registry
offices shall certify the lease in the certificates of the lessors and complete
procedures for grant of certificates to the lessees.
Article 25.
Order and procedures for deregistration of lease or sub-lease of land use rights
and land-attached assets
1. When a contract on lease or
sub-lease of land use rights or a contract on lease or sub-lease of land use
rights and land-attached assets or a contract on lease of land-attached assets
ceases to be valid, the lessor of land use rights and land-attached assets
shall submit a contract already certified as liquidated or the contract
enclosed with a contract liquidation document.
2. After receiving a complete
and valid dossier, the land use right registry office shall examine the dossier
and. if the case is compliant with law, certify the deletion of the lease or
sublease from the cadastral dossier and database.
In case of deregistration of
lease or sub-lease of land use rights and land-attached assets by an investor
in construction and commercial operation of infrastructure facilities in an
industrial park, economic zone or hi-tech park, the land use right registry
office shall revoke the certificate of the lessee of land use rights and
certify the deletion of the lease or sub-lease from the certificate granted to
the this party.
Article 26.
Order and procedures for registration of contribution of land use rights and
land-attached assets as capital
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a/ In case of contribution of
land use rights and land-attached assets as capital, a dossier comprises:
- A contract on contribution of
land use rights and land-attached assets as capital:
- Papers on land use rights and
title documents of land-attached assets specified at Point a. Clause 1. Article
23 of this Circular;
b/ In case of contribution of
land use rights as capital, a dossier comprises:
- A contract on contribution of
land use rights as capital;
- Papers on land use rights
specified at Point b. Clause 1. Article 23 of this Circular:
c/ In case of contribution of
land-attached assets as capital, a dossier comprises:
- A contract on contribution of
land-attached assets as capital;
- Title documents of
land-attached assets specified at Point c, Clause 1, Article 23 of this
Circular;
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2. After receiving a complete
and valid dossier, the land use right registry office shall examine the dossier
and, if the case is compliant with law, perform the following jobs:
a/ Cadastral measurement of the
land lot. for cases in which a certificate needs to be granted in a locality
where cadastral maps are unavailable or a certificate has been granted but the
land lot plan is unavailable or capital contribution is made for founding a new
legal entity for a part of the land lot;
b/ Certification of changes in
the granted certificate, for cases in which capital contribution is made
without founding a new legal entity or completion of procedures for the grant
of a certificate for other cases;
c/ Handover of a certificate to
the applicant or sending thereof to the commune or township People's Committee
for handover to the applicant that has submitted the dossier to the commune or
township People's Committee after he/she/it fulfills the financial obligation
(if any); and revision or update of the cadastral dossier and database.
Article 27.
Order and procedures for deregistration of contribution of land use rights and
land-attached asset ownership as capital
1. The party that has
contributed as capital or the party that receives land use rights and
land-attached assets contributed as capital or both of them shall submit a
dossier comprising:
a/ A contract or a written
agreement on termination of capital contribution;
b/ A granted certificate of land
use rights and house and land-attached asset ownership or certificate of land
use rights or certificate of house ownership and residential land use rights or
certificate of house ownership or certificate of construction work ownership.
2. In case the contribution is
made when the registration of contribution of land use rights and land-attached
asset ownership as capital has been certified in a granted certificate
mentioned at Point b. Clause 1 of this Article, the land use right registry
office shall, after receiving a complete and valid dossier, examine this
dossier and certify the deregistration of capital contribution in the
certificate and hand it over to the contributor or withdraw the granted
certificate for archive if the land use duration has expired following the
termination of the contribution; and revise or update the cadastral dossier and
database.
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a/ Examination of the dossier
and withdrawal of the granted certificate for archive if the land use duration
has expired following the termination of the capital contribution;
b/ Completion of procedures for
the grant of a certificate to the capital contributor for cases in which the
land use duration has not yet expired though the capital contribution has been terminated:
handover of a certificate to the applicant or sending thereof to the commune or
township People's Committee for handover to the applicant that has submitted
the dossier to the commune or township People's Committee: and revision or
updating of the cadastral dossier and database.
In case the land use duration
expires at the same time with the termination of the capital contribution, the
capital contributor that wishes to continue the land use shall carry out
procedures of application for extension of the land use duration under Article
142 of the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on
implementation of the Land Law, and Article 38 of the Government's Decree No.
69/ 2009/ND-CP of August 13, 2009, additionally stipulating land use planning,
land price. land recovery, compensation, provision of supports and
resettlement. If the capital contributor does not apply for extension of the
land use duration or is not granted such an extension, the concerned natural
resources and environment agency shall carry out procedures to recover the land
under Clause 3, Article 132 of Decree No. 181/2004/ND-CP.
Article 28.
Order and procedures for registration of receipt of land use rights and
land-attached assets due to handling of mortgage contracts, capital
contribution, attachment and auction of land use rights and land-attached
assets
1. An organization that has
handled mortgaged land use rights and land-attached assets, contributed land
use rights and land-attached assets as capital or attached and auctioned land
use rights and land-attached assets for judgment enforcement under law shall
submit on behalf of the land use right recipient a dossier comprising:
a/ A mortgage contract, contract
on contribution of land use rights and land-attached asset as capital or a
court judgment or the judgment enforcement agency's decision on judgment
enforcement or decision on attachment and auction of land use rights and
land-attached assets:
b/ Papers on land use rights or
title documents of land-attached assets specified in Clause 1. Article 23 of
this Circular;
c/ Documentary proof on the
fulfilled financial obligations (if any);
d/ A written record of auction
results, for cases of auction of land use rights and land-attached assets.
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a/ Cadastral measurement of the
land lot, for cases in which the cadastral map is unavailable and a certificate
has not yet been granted or a certificate has been granted but the land lot
plan is unavailable, for the case of receipt of transferred rights to use a
part of the land lot:
b/ Completion of procedures for
the grant of a certificate and handover of this certificate to the applicant or
sending thereof to the commune or township People's Committee for handover to
the applicant that has submitted the dossier to the commune or township
People's Committee after he/she/it fulfills the financial obligation (if any);
and revision or updating of the cadastral dossier and database.
Article 29.
Order and procedures for registration of changes in the use of land and
land-attached assets due to renaming; reduction of land lot acreage due to
natural landslide; changes in limitations on rights; changes in financial
obligations; changes in construction or use acreage, number of stories, main
structure, grade (class) of houses or works; changes in information on forest
ownership
1. An applicant for change
registration shall submit a dossier comprising:
a/ An application for change
registration:
b/ Papers specified by law for
cases in which changes are subject to permission of competent agencies;
c/ Any of the granted
certificates relevant to the change registration.
2. After receiving a complete
and valid dossier, the land use right registry office shall examine the dossier
and. if the case is compliant with law, perform the following jobs:
a/ Cadastral measurement of the
land lot. for cases of a change in the land lot acreage or land-attached assets
or cases in which the cadastral map is unavailable or the cadastral measurement
of the land lot has not yet been conducted;
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c/ Certification of changes in
the granted certificate or completion of procedures for the grant of a
certificate, for cases in which a new certificate needs to be granted: updating
of the cadastral database; handover of a certificate to the applicant or
sending thereof to the commune or township People's Committee for handover to
the applicant that has submitted the dossier to the commune or township
People's Committee after he/she/it fulfills the financial obligation (if any).
Article 30.
Publicization of cases in which an overseas Vietnamese or a foreigner is
allowed to own a house in Vietnam
1. The land use right registry
office shall draw up a list of overseas Vietnamese and foreigners who purchase
houses associated with land use rights for which the procedures for the grant
of certificates have been completed, then send it to the Ministry of
Construction and the Ministry of Natural Resources and Environment within five
(5) working days after the handover of certificates to the applicants.
2. The General Department for
Land Administration shall sum up and publicly notify the list of overseas
Vietnamese and foreign organizations and individuals that purchase houses
associated with land use rights in Vietnam on the website of the Ministry of
Natural Resources and Environment.
3. When carrying out procedures
for certification of a contract or written record on house ownership transfer
and grant of a certificate to the house ownership transferee being an overseas
Vietnamese or foreigner who is allowed to own a house in Vietnam, the land use
right registry office and other concerned agencies shall search information on
this person's house ownership on the website of the Ministry of Natural
Resources and Environment.
Article 31.
Copying of certificates
1. The land use right registry
office shall copy every certificate (including also the case of change
certification) for inclusion in the dossier before handing a certificate to the
applicant and send other copies to concerned agencies specified in Clause 5,
Article 11 of Decree No. 88/2009/ ND-CP.
2. For localities where
conditions permit, apart from being copied under Clause 1 of this Article,
certificates shall be scanned for storage in the cadastral database of granted
certificates or certificates with certified changes.
Article 32.
Data on land users and land-attached asset owners in cadastral databases
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a/ Codes of the land user and
land-attached asset owner;
b/ Names of the land user and
land-attached asset owner.
2. A code of a land user or
land-attached asset owner, consisting of category code and land user or land-attached
asset owner code, shall be presented as follows:
a/ Land user or land-attached
asset owner category codes include:
- "GDC for households and
individuals;
- "UBS" for
commune-level People's Committees;
- "TKT" for domestic
economic organizations;
- "TCN" for state
agencies, political organizations, socio-political organizations, people's
armed forces units and state nonbusiness organizations;
- "TKH" for other
domestic organizations and religious establishments;
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- "TVN" for wholly
foreign-owned enterprises;
- "TNG" for foreign
organizations with diplomatic functions:
- "CDS" for population
communities;
b/ A land user or land-attached
asset owner code shall be presented following the category code as follows:
- "-SD" for land
users;
- "-SH" for
land-attached asset owners:
- "-SDSH" for land
users that are concurrently land-attached asset owners.
3. Names of land users and
land-attached asset owners and relevant information shall be presented under
Clause 1, Article 4 of this Circular.
For a land user that is not
concurrently the land-attached asset owner, in the cadastral database on the
land lot information on the land user shall be presented above that on the
land-attached asset owner. Information on the land user shall be followed by
the phrase "has rights to use the land lot". The name of the
land-attached asset owner shall be presented under Point b. Clause 2, Article 4
of this Circular.
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In case a land lot is commonly
used by many users that are not concurrently co-owners of land-attached assets,
in the cadastral database on the land lot, the names of common land users shall
be displayed above those of co-owners of land-attached assets. Information on
each land user shall be followed by the phrase "has common rights to use
the land lot". Information on each land-attached asset co-owner shall be
followed by the phrase "co-owns land-attached assets on the land lot....
(writing the form of asset rent or borrowing) of land use rights holders."
Article 33.
Data on land-attached assets and notes in cadastral databases
1. Data on houses, construction
works and planted production forests in cadastral databases on land lots include
information specified in Article 6 of this Circular.
In case a house or construction
work lies on more than one land lot. the database of each land lot shall
display information on the whole such asset.
2. Notes on limitations on land
use rights and land-attached asset ownership and other notes in cadastral
databases shall be presented under Article 8 of this Circular.
Article 34.
Forms of papers to be used in procedures for registration, grant of
certificates and management of distribution of certificates
Forms of papers to be used in
procedures for registration and grant of certificates and books and reports to
be used in the management of distribution of blank certificates are provided in
Appendix 2 to this Circular (not printed herein).
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
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1. This Circular takes effect on
December 10, 2009.
2. To annul the Minister of
Natural Resources and Environment's Decision No. 08/2006/QD-BTNMT of July 21, 2006,
promulgating the Regulation on land use right certificates.
3. To annul Point 2.2; Items b
and f. Point 2.6; Points 2.9 and 2.11, Clause 2. Section III of Circular No.
09/2007/TT-BTNMT; Forms No. 04/DK, No. 09/DK, No. 14/DK and No. 15/DK
promulgated together with Circular No. 09/2007/ TT-BTNMT.
Article 36.
Implementation responsibilities
1. Chairpersons of
provincial-level People's Committees shall direct the grant of certificates in
their localities under this Circular.
2. Directors of provincial-level
Departments of Natural Resources and Environment shall report to the General
Department for Land Administration on the grant of certificates on a biannual
and annual basis, sending reports for the first six months before June 15 while
sending annual reports before December 15 every year.
3. The director of the General
Department for Land Administration shall sum up and report on the grant of
certificates nationwide to the Minister of Natural Resources and Environment
before June 30 and December 31 every year.
4. Local state management
agencies and specialized agencies in charge of natural resources and
environment, houses and construction works, agriculture and rural development
and concerned organizations and individuals shall implement this Circular.
Any difficulties or problems
arising in the course of implementation should be problem reported to the
Ministry of Natural Resources and Environment for consideration and settlement.
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MINISTER
OF
NATURAL RESOURCES AND ENVIRONMENT
Pham Khoi Nguyen
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Form 01/DK-GCN
ONLY FOR THE RECEIVER OF DOSSIER
Record
in book of received dossiers:
Date…... / ...… / .......…
Book number ……, Ordinal number ……..
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(Signature and
full name)
APPLICATION
FOR GRANT OF CERTIFICATE OF LAND USE RIGHT, OWNERSHIP OF HOUSE AND OTHER
ASSETS ATTACHED TO LAND
(Applied to even
case of certificate of supplementing the ownership of assets)
I. DECLARATION OF THE LAND USER, OWNER OF ASSETS ATTACHED TO LAND
(Carefully read instructions before declaration; do not erase,
repair application)
1. The land user, owner of
assets attached to land
Name (in uppercase
letters): …………………………………………………………………………
…....................................................................................................................................................
…....................................................................................................................................................
…....................................................................................................................................................
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(full name,
year of birth, number of ID card, for individuals; fill in phrase “household”
before full name, year of birth, number of ID card of representative
who shares land use right and ownership of assets of household for
households. Name and decision on establishment or the
Business registration certificate, license of investment (including name and
number, date of issue, the issuing agency), for organizations. Full
name, year of birth, nationality, number and date of issue, place of issuing passport,
for foreigners and Vietnamese residing in foreign countries. In case where
many persons are users of land and share the ownership of assets,
declaring name of those persons and have an enclosed list)
2.
Proposing for:
- Certificate of
supplementing the ownership of assets attached to land
□
(Tick on the
selected box)
3. Land plot registered for use right (declaration is not required in case of proposing for certificate
of supplementing the ownership of assets)
3.5. Use for purpose:
................………………….., from time:………………………;
3.6. Period of land use
proposed:
.................................................................................;
3.7.
Origin of use: ……………………………………………………………………………
(specifically
stating: Being assigned by State with levy collection or without levy collection
or hired with lump-sum payment or hired with annual payment or other origin)
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4.1.
Houses, other constructions:
(In case of having
many houses, other constructions, declare only general information and total
area of houses and constructions; concurrently make a list of houses and
constructions enclosed application)
4.2.
Productive forest is planted forest:
4.3.
Perennial trees:
a) Area of forest: ………….....….……
m2;
b) Origin of
forming:
□
- Self planting:
□
- State assigned
without levy collection:
□
- State assigned with
levy collection:
□
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- From capital source
for planting and receiving the right: ……………......…
a) Type of trees:
………….....................…;
b) Origin of forming:
..…….……..….
………………………….….………...
……………….………………………
………………………………………
5. Enclosed documents: ……………………………………………………………….
......................................................................................................................................................
6.2. To be recorded
debt for type of financial obligation: ………..………….……………………………...
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I hereby commit
that the content as declared above is truthful.
……………, date .... month ... year......
Applicant
(Signature, full name and seal, if any)
II CERTIFICATE OF THE COMMUNUAL PEOPLE’S
COMMITTEE
(For case where households, individuals,
population communities, Vietnamese residing in foreign countries own houses )
- Content
of declaration about land, assets in comparison with actual conditions: …………………………………….....
- Origin of
land use: .......................................................................................................
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- Origin of
forming assets:………………………………………………………………..
- Time of
forming assets:………………………………………………………………..
- Status of
disputes involving land and assets attached to land:
................................................
- The conformity with
planning on land use and planning on construction:
…………….........................
…………………………………………………………..…......................…………………....
………………,
date .... month ... year …..
Cadastral officer
(Signature and
full name)
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…………….,
date .... month ... year …..
On
behalf of People’s Committee
Chairperson
(signature,
seal)
III.
OPINION OF OFFICE FOR REGISTER OF LAND USE
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................................................................................................................................................................
................................................................................................................................................................
................................................................................................................................................................
…………,
date…./…/ …..
Examination
officer
(Signature, full
name and position)
…………,
date…./…/ …..
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(signature,
seal)