THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
20/2010/TT-BTNMT
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Hanoi,
October 22, 2010
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CIRCULAR
ADDITIONALLY PROVIDING FOR LAND USE RIGHT OR HOUSE AND
LAND-ATTACHED ASSET OWNERSHIP CERTIFICATES
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.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
the grant of land use right or house and land-attached asset ownership
certificates;
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; and the Government's Decree No.
19/2010/ND-CP of March 5, 2010, and Decree No. 89/2010/ND-CP of August 16,
2010, amending and supplementing Decree No. 25/ 2008/ND-CP;
The Ministry of Natural Resources and Environment additionally provides for
land use right or house and land-attached asset ownership certificates as
follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular
additionally provides for land use right or house and land-attached asset
ownership certificates (below referred to as certificates), dossiers, order and
procedures for the grant of certificates.
Article 2. Subjects of application
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2. Land
users, house and land-attached asset owners, and other relevant organizations
and individuals.
Chapter II
SPECIFIC PROVISIONS
Article 3. Additional page of a certificate
1. To issue
together with this Circular an additional page of a certificate for
certification of changes in a granted certificate in the following cases:
a/ Mortgage
or cancellation of mortgage of land use rights or house and land-attached asset
ownership;
b/ Lease or
sublease of land or cancellation of lease or sublease of land by infrastructure
investors in industrial or hi-tech parks or economic zones.
2. For the
granted certificates which require the use of additional pages, such additional
pages shall be used under this Circular if land users so request.
3. An
additional page is in white; has a size and contents which are the same as
those of page 4 of the certificate: indicates the number of the land plot,
issuance number of the certificate, and number recorded in the certificate
grant book as shown on the granted certificate; the grade of paper of the
certificate (offset paper of 160g/m2 ± 5%).
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5. The
additional page shall be numbered. A seal (of the land use right registration
office competent to certify change registration) shall be appended on the
adjoining edges of this page and page 4 of the certificate; the words: Enclosed
with this certificate is additional page No. 01...." shall be written at
the bottom of page 4 of the certificate; and the number of the additional page
shall be written in the "Notes" column of the certificate grant book.
Article 4. Grant of certificates, certification of changes in
the granted certificates upon transfer of land use rights or house and
land-attached asset ownership or upon shift from renting land to receiving land
allocated with land use levy
1. In case of
transfer of land use rights or house and land-attached asset ownership through
exchange, transfer, inheritance, donation or contribution of capital to form a
new legal entity for the whole land area and land-attached assets indicated in
land use right certificates, house ownership and residential land use right
certificates, house ownership certificates, construction work ownership
certificates, or land use right or house and land-attached asset ownership certificates,
the transferor's certificate shall be revoked and a new certificate shall be
granted for the transferee.
If the
transferee requests the use of the transferor's certificate, the land use right
registration office shall certify such transfer on pages 3 and 4 of the granted
certificate as follows: "To be transferred (to be exchanged or to be
bequeathed,...) to/for... (name and address of the transferee) according to
dossier No. ... (ordinal number of the dossier of change registration)".
2. In case of
transfer of part of the land plot area or land-attached assets, the granted
certificate shall be revoked (if it was granted to a single land plot); the
transferee and transferor shall be granted new certificates.
If the
transferor requests the use of the granted certificate, the land use right
registration office shall certify such transfer on pages 3 and 4 of the
certificate as follows: "Land plot No. ... was separated for transfer
according to dossier No.... (ordinal number of the dossier of change registration)";
the non-transferred area is... m2 with the new plot No....". In case of
transfer of the ownership of part of land-attached assets, information on the
non-transferred assets shall be indicated.
3. In case
the land user shifts from renting land to receiving land allocated with land
use levy, changes in Section IV of the certificate's additional page shall be
certified as follows: "Shift to receiving land allocated with land use
levy from.../.../... (date) according to dossier No.... (ordinal number of the
dossier of change registration)".
Article 5. Writing of certificates in case land-attached asset
owners have assets under common and private ownership
In case a
certificate holder has part of land-attached assets under private ownership and
another part of land-attached assets under common ownership, the certificate
shall be written under Circular No. 17/2009/TT-BTNMT and the following
provisions:
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a/ Write
"Co-use and co-ownership of part of assets with another person", in
case of co-use and co-ownership of part of land-attached assets;
b/ Write
"Co-ownership of part of assets with another person", in case of
co-ownership of part of land-attached assets.
2. In the box
reserved for writing information on land-attached assets, write each part of
assets under private ownership and part of assets under common ownership as
follows:
a/ In case
assets under private ownership and assets under common ownership are different
assets or asset items, make a table listing information on each asset or asset
item; in the "Work item" column, there must be a note "Private
ownership" or "Common ownership" as in the example below:
Item
or apartment No.
Construction
area (m")
Floor
area or capacity
Main
structure
Grade
of work
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Year
of construction completion
Ownership
duration
House No.
01 (Private ownership)
50
120
Steel-reinforced
concrete
02
03
1995
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Shop
(Common ownership)
25
25
Brick-walled
and tiled
03
01
1980
-/-
b/ In case
assets under private ownership and assets under common ownership are different
items of the same work, write general information on such work, covering
address, construction area, structure, class (grade), number of stories, and
year of construction completion. Information on the usable floor area shall be
given by each part under private ownership and common ownership as in the
example below:
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+ Address: 17
Dai La road. Dong Tarn ward, Hai Ba Trung district, Hanoi;
+
Construction area: 120 m2;
+ Structure:
Steel-reinforced concrete;
+ Class
(grade): 02: number of stories: 05; year of construction completion: 2001
Item
or apartment No.
Story
No.
Floor
area (m2)
Ownership
duration
Apartment 401 (Private
ownership)
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65
-/-
Living-room 101 (Common
ownership)
01
65.7
-/-
Article 6. Writing of certificates in case of no certification
of land-attached asset ownership
If, at the
time of grant of a certificate, the land plot has no land-attached assets or
has these assets but the land user (concurrently the asset owner) does not wish
to have his/her asset ownership certified or has land-attached assets under
another person's ownership or requests certification of asset ownership but is
ineligible for such certification, the box reserved for land-attached assets on
page 2 of the certificate shall be marked "-/-". For example:
"2.
House: -/-
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4. Planted
production forest: -/-
5. Perennial
tree: -/-".
Article 7. Survey and drawing of plans of land plots and
land-attached assets upon renewal or re-grant of certificates or registration
of changes in land use rights or land-attached asset ownership
1. Upon
renewal of a certificate or registration of changes in land use rights or
land-attached asset ownership which requires the grant of a new certificate, it
is unnecessary to survey and draw the plan of the land plot and land-attached
assets again. The dossier-receiving agency may not request the land user and
land-attached asset owner to survey and draw the plan of the land plot and
land-attached assets, except the cases specified in Clause 2 of this Article.
The plan and
data of the land plot and land-attached assets in the new certificate shall be
written as the same as those indicated in the granted certificate.
In case of
renewal of a certificate or registration of changes in land use rights or
land-attached asset ownership in a locality in which cadastral maps have been
surveyed and drawn in replacement of temporary previous survey documents and
data, the plan and data of the land plot in the new certificate must conform
with the new cadastral map.
2. Cases in
which land-attached asset owners are required to submit land-attached asset
plans upon renewal of certificates or registration of changes in land-attached
asset ownership include:
a/ Transfer
of the ownership of part of land-attached assets in the granted certificates;
b/ Additional
certification of land-attached assets or changes in the locations, boundaries
or areas of land-attached assets against those indicated in the granted
certificates.
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In case
provincial-level People's Committees have the competence to grant certificates,
the code of a province or centrally run city (under the Prime Minister's
Decision No. 124/2004/QD-TTg of July 8,2004. promulgating lists and codes of
Vietnam's administrative units) shall be additionally written, followed by the
code of a commune, ward or township in which exists land.
Article 9. Order for transferring cadastral information to tax
offices and submission of certificates to competent agencies for signing or
certification of changes in the granted certificates, and handover of
certificates
1. Land use
right registration offices shall transfer cadastral information and data to tax
offices for determination of financial obligations of land users and
land-attached asset owners after examining the dossiers, except the following
cases:
a/ Land users
and land-attached asset owners are ineligible for certificates or certification
of changes in the granted certificates:
b/ They are
eligible for grant of certificates or certification of changes in the granted
certificates but make applications for acknowledgement as debts of financial
obligations (enclosed with certificate application dossiers or change
registration dossiers) and are eligible for debt acknowledgement under law:
c/ They arc
eligible for grant of certificates or certification of changes in the granted
certificates but have no financial obligations under law.
2. Dossiers
to be submitted to competent agencies for signing of certificates or
certification of changes in the granted certificates shall be made after
cadastral information and data are transferred to tax offices for determination
of financial obligations under Clause 1 of this Article.
3. The
handover of certificates under Clause 3. Article 3 of the Government's Decree
No. 88/ 2009/ND-CP of October 19. 2009. on grant of land use right or
land-attached asset ownership certificates (below referred lo as Decree No. 88/
2009/ND-CP) shall be conducted as follows:
a/ In case
land users and land-attached asset owners have no financial obligations or are
eligible for acknowledgement as debts of financial obligations related to the
grant of certificates under law. certificates shall be handed immediately after
dossier-receiving agencies receive the signed certificates;
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c/ In case
they pay annual land rents. certificates shall be handed after they sign land
rent contracts with natural resources and environment agencies:
d/ In case
they are exempt from financial obligations related to the grant of
certificates, certificates shall be handed immediately after they receive
competent agencies' documents on such exemption.
Article 10. Submission of papers upon carrying out procedures
for the grant, of certificates or registration of changes in land or
land-attached assets
1. Upon
submitting papers on land use rights or land-attached asset ownership under Articles
7 thru 10 of Decree No. 88/2009/ND-CP for the grant of certificates or
registration of changes in land or land-attached assets, land users and
land-attached asset owners may:
a/ Submit
copies of papers which are certified under the law on notarization and
certification;
b/ Submit
copies of papers and produce their originals for dossier recipients to check
and give certification in such copies: or.
c/ Submit
original papers.
If submitting
copies, certificate applicants shall, upon receiving such certificates, submit
originals of the papers specified in this Clause to certificate-handing
agencies.
2. Upon
submitting documents on the fulfillment of financial obligations related to
land or land-attached assets for the grant of certificates or registration of
changes in land or land-attached assets, land users and land-attached asset
owners may:
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b/ Submit
copies of papers and produce their originals for dossier recipients to check
and give certification in such copies; or.
c/ Submit
original papers (if they have two originals).
Article 11. Re-grant of certificates in case of loss
1. Lost land
use right certificates, house ownership certificates, house and residential
land ownership certificates or work construction ownership certificates shall
be replaced with land use right or house and land-attached asset ownership
certificates according to the procedures specified in Article 24 of Decree No.
88/2009/ND-CP.
2. For the
re-grant of certificates, dossiers shall be submitted within thirty (30) days
after the date of publishing certificate loss information in local mass media
(for domestic organizations, foreign organizations and individuals and overseas
Vietnamese) or after the date of posting up certificate loss notices at head
offices of commune, ward or township People's Committees (for domestic
households and individuals).
Article 12. Correction of errors in granted certificates
under Article 25 of Decree No. 88/ 2009/ND-CP
1. Errors in
a granted certificate shall be corrected after the receipt of the certificate
holder's request or a relevant organization's or individual's document on such
errors.
Land use
right registration offices shall check errors and write corrections in
certificates under Point p, Clause 1, Article 12 of Circular No. 17/
2009/TT-BTNMT for natural resources and environment agencies to give
certification.
2. In case
the certificate holder requests the grant of a new certificate or many
corrections are to be made, the land use right registration office shall submit
such case to a competent agency for grant of a new certificate.
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1. Land users
that were allocated or leased land by the State before July 1, 2004. but have
not yet received any certificates shall submit dossiers for the grant of
certificates under Decree No. 88/2009/ND-CP.
2. Persons
who are allocated or leased land by the State on or after July 1. 2004, are not
required to submit certificate application dossiers. The grant of certificates
and updating and modification of cadastral dossiers shall be incorporated in
the land allocation or lease procedures.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 14. Effect
1. This
Circular takes effect on December 10, 2010.
2. To annul
the following provisions:
a/ Clause 9,
Article 6; Point j. Clause 1, Article 12, and Point e. Clause 1. Article 19, of
Circular No. 17/2009/TT-BTNMT;
b/ The
paragraph "(Regarding the posting up of certificate loss notices in case
households or individuals apply for the re-grant of certificates)" in
Section II of the application form for certificate re-grant or renewal (form
No. 02/DK-GCN);
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Article 15. Implementation responsibility
1.
Chairpersons of provincial-level People's Committees shall direct the
implementation of this Circular in localities.
2. Directors
of provincial-level Natural Resources and Environment Departments shall
organize the implementation of this Circular in localities under this Circular.
Any problems
arising in the course of implementation should be promptly reported to the
Ministry of Natural Resources and Environment for consideration and settlement.
FOR
THE MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Manh Hien
ADDITIONAL PAGE OF CERTIFICATE
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Map No.
Issuance
number of certificate:
Number
recorded in the certificate grant book:
Changes and
legal grounds
Certification
of a competent agency
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To be
legally valid, this additional page shall always be attached to the
certificate.
Changes and
legal grounds
Certification
of a competent agency
Continued
from additional page No.:...