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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
101/2024/ND-CP
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Hanoi,
July 29, 2024
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DECREE
PROVIDING FOR BASELINE LAND SURVEYS; REGISTRATION OF LAND
AND PROPERTY ATTACHED TO LAND, ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS AND
OWNERSHIP OF PROPERTY ATTACHED TO LAND AND LAND INFORMATION SYSTEM
Pursuant to the Law on
Government Organization dated June 19, 2015; Law dated November 22, 2019 on
Amendments to some Articles of the Law on Government Organization and Law on
Local Government Organization;
Pursuant to the Law on Land
dated January 18, 2024; Law dated June 29, 2024 on Amendments to certain
Articles of the Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15,
Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No.
32/2024/QH15;
At the request of the Minister
of Natural Resources and Environment;
The Government hereby
promulgates a Decree providing for baseline land surveys; registration of land
and property attached to land, issuance of Certificates of land use rights and
ownership of property attached to land and land information system.
Chapter I
GENERAL PROVISIONS
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1. This Decree elaborates and provide guidelines for
implementation of the Law on Land regarding baseline land surveys; registration
of land and property attached to land, issuance of Certificates of land use
rights (hereinafter referred to as “Certificates of LURs”) and ownership of
property attached to land and National Land Information System, including
clause 4 Article 50, clause 1 Article 55, clause 5 Article 131, clause 7
Article 135, clause 10 Article 138, clause 6 Article 139, clause 7 Article 140,
clause 3 Article 142, clause 4 Article 170, clause 2 Article 181 and points b,
c, d, dd, I and k clause 1 Article 223 of the Law on Land.
2. The registration of mortgage of LURs and property
attached to land shall comply with regulations of law on registration of
security interests.
Article 2.
Regulated entities
1. Regulatory bodies assigned to assume power and
responsibility for representing land ownership of the people and performing
their tasks in uniform state management of land.
2. Land users, persons assigned to manage land according to
regulations of the Law on Land.
3. Other entities related to the management and use of
land.
Chapter II
BASELINE LAND SURVERYS
Section 1.
CADASTRAL SURVEYING AND MAPPING
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1. The cadastral surveying and
mapping shall adhere to the following principles:
a) Ensure consistency with the
national reference system and coordinate system VN-2000;
b) Honestly and objectively reflect
the current use of land and current management of land and record the legal
status of land parcels at the time of surveying;
c) Prioritize the application of
new technologies, ensuring economic efficiency and suitability for the
measurement areas and regulations on techniques for cadastral surveying and
mapping;
d) After being approved, a
cadastral map must be put into use for land management.
2. A cadastral map is made for the
following purposes:
a) Registration of land and
property attached to land, issuance of Certificates of LURs and ownership of
property attached to land, making of cadastral records and land information
system and creation of land databases;
b) Production of land statistics
and land inventory; formulation of land use planning and plans; land
allocation, land lease, land repurposing, land expropriation; land requisition;
compensation, assistance and resettlement upon land expropriation by the State;
land surveys and assessments;
c) Inspection, examination and
supervision of land management and use; imposition of penalties for violations
against the law on land and handling of complaints, denunciations and land
disputes;
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Article 4.
Contents of cadastral maps, cadastral surveying and mapping activities
1. Main contents of a cadastral map
comprise:
a) Land parcels: Boundaries of land
parcels, type of land, ordinal numbers of land parcel, areas of land parcels;
b) Other factors related to
contents of the cadastral map, including map frame; coordinate and elevation
control points; boundary markers and boundary lines of administrative units at
all levels; trespassed land; houses and other construction works; landmark-like
works; planning boundary markers; boundary lines of safety protection corridors
of works as per regulations of law; explanatory notes; land shape or elevation notes
(if any).
2. Cadastral surveying and mapping
activities include:
a) Cadastral surveying and making
of new cadastral maps regarding areas for which cadastral maps associated with
the national reference system and coordinate system are not available;
b) Cadastral re-surveying and
re-mapping of areas which have had cadastral maps but in which the boundaries
of at least 75% of the land parcels have been changed upon land consolidation
or parcel exchange; areas which only have physical cadastral maps that are torn
or damaged beyond recovery or use for digitization; areas which have had
cadastral maps made using aerial photography or optical theodolite surveying
method at a scale smaller than that required by law; areas in which land use
planning has been implemented to form administrative centers, urban areas,
residential areas, economic zones, high-tech zones, industrial parks, export
processing zones and industrial clusters;
c) Cadastral surveying for addition
of cadastral maps regarding areas which have had cadastral maps but in which
distinct administrative boundaries have yet to be surveyed and mapped,
including areas which have been surveyed and delineated on previous cadastral
maps in which each parcel of land has not yet been surveyed;
d) Cadastral surveying and
correction of cadastral maps regarding areas which have had cadastral maps upon
changing one of the following factors: shape, size, area of a land parcel and
other factors related to contents of the cadastral maps;
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e) Cadastral map measurement
extraction performed separately for each land parcel or multiple land parcels
within the area of the piece of cadastral map measurement extract according to
the scale of the map to be made regarding the area which has not had a
cadastral map.
3. Conditions for conducting
cadastral surveying and mapping activities specified in clause 2 of this
Article are as follows:
a) Before conducting the activities
specified in points a, b, c and d clause 2 of this Article, it is required to
prepare and submit a technical design and estimate to the competent authority
for approval, except where cadastral maps are corrected regularly according to
the task performance plan of the Land Registration Office or its branch;
b) Before conducting the activities
specified in points dd and e clause 2 of this Article, it is required to
prepare and submit a task plan to the competent authority for approval, except
where cadastral map measurement extraction is carried out at the land user’s
request without using the state budget, the service contract shall be adhered
to;
c) Where one of the activities
specified in points a and b of this Article are carried out simultaneously, it
is required to prepare and submit a technical design and estimate to the
competent authority for approval before conducting them.
Article 5.
Carrying out cadastral surveying and mapping
For cadastral surveying and mapping
activities that require a technical design and cost estimate or task plan,
adhere to the following regulations:
1. Review and determine an area to
be mapped: the provincial land authority shall review cadastral surveying and
mapping products within the province, determine and prepare a consolidated
report on demands for cadastral surveying and mapping to the provincial
People’s Committee for its decision on the area and boundary to be mapped.
For the area where cadastral map
extraction is carried out, the land authority shall grant permission for the
cadastral map measurement extraction during appraisal of the task plan proposed
by the investor as prescribed in clause 3 of this Article.
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3. Appraise the technical design
and estimate or task plan: the provincial land authority shall appraise contents
of the technical design and estimate or task plan. The authority shall appraise
contents of the cost estimate in the technical design and estimate or task plan
according regulations of law on management of state budget.
4. Approve the technical design and
estimate or task plan and provide funding for implementation thereof: The
authority shall approve the technical design and estimate or task plan and
provide funding for implementation thereof according regulations of law on
management of state budget.
5. Deploy the approved technical
design and estimate or task plan as follows:
a) Select a unit to implement it.
The project/task investor is entitled to select a construction consultancy and
supervision and inspection consultancy to implement the technical design and
estimate or task plan;
b) Formulate an implementation
plan;
c) Disseminate the implementation
plan;
d) Establish a cadastral network or
surveying control network (if any);
dd) Collect land information and
data parcels, land users and persons allocated land for management;
e) Determine boundaries of land
parcels; create a description of boundaries and boundary markers of land
parcels;
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h) Edit cadastral maps; prepare a
confirmation of current land parcel surveying results; publicize cadastral
maps;
i) Prepare a land parcel
registration form;
k) Append signatures and grant
approval for products;
l) Transfer the products.
Article 6.
Correction of cadastral maps
1. A cadastral map will be adjusted
when the land parcel and other factors related to the contents of the cadastral
map specified in clause 1 Article 4 of this Decree are changed.
2. The cadastral map shall be
adjusted on the following grounds:
a) Certificate of LURs, Certificate
of house ownership and rights to use residential land, Certificate of house
ownership, Certificate of construction work ownership, Certificate of LURs,
ownership of house and other property attached to land, Certificate of LURs and
ownership of property attached to land (hereinafter referred to as “the
Certificate”); decisions on land allocation, land lease, land repurposing,
recognition of LUR auction winner or land expropriation by a competent
authority; effective decision or judgment of a People's Court, effective
decision on judgment enforcement of an enforcement agency; results of land
dispute settlement by a competent authority; administrative decisions of
competent authorities related to land parcels; decision of a competent
authority on change of an administrative division or establishment of a new
administrative division for which the administrative boundary record has been
made;
b) Documents of land authorities at
all levels or communal People's Committee when any error in the cadastral map
are discovered is found or it is informed that the boundary of a land parcel is
changed due to natural landslides or subsidence;
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d) Document or decision of a
competent authority containing contents which lead to a change in subdivision
of the cadastral map pieces and change in the ordinal numbers of cadastral map
pieces;
dd) Inspection result given by the
Land Registration Office or its branch in case the land user reports in writing
the discrepancies in information on a land parcel.
3. The Land Registration Office or
its branch shall examine, compare and make corrections to cadastral maps and
land parcel registration forms and notify the communal People's Committee of
its updating and correction.
Article 7.
Procedures for land parcel subdivision and consolidation
1. The
land user shall submit 01 application to the receiving authority specified in
clause 1 Article 21 of this Decree. Such application is composed of:
a) An
application form for land parcel subdivision or consolidation, which is made
using the Form No. 01/DK enclosed with this Decree;
b) A land
parcel subdivision or consolidation drawing, which is made using the Form No.
02/DK enclosed with this Decree by the Land Registration Office, its branch or
a surveying unit issued with a License for cadastral surveying and mapping;
c) The
issued Certificate or copy of the issued Certificate enclosed with its original
for comparison or notarized or authenticated copy;
d) Documents of competent
authorities, which specify details of land parcel subdivision or consolidation
(if any).
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If the application is received by
the authority specified in point a clause 1 Article 21 of this Decree, it will
be transferred to the Land Registration Office or its branch.
3. The Land Registration Office or
its branch shall examine the application, compare it with the provisions of Article
220 of the Law on Land to determine the conditions for land parcel subdivision
or consolidation; examine the information about the land user, boundaries,
areas, and land types of land parcels on the archived documents and documents
submitted by the land user and adhere to the regulations below:
a) In case conditions for land
parcel subdivision or consolidation are not fully satisfied, within 03 working
days from the date of receiving a sufficient application, the Land Registration
Office or its branch shall return the application to the land user and clearly
notify the reason;
b) In case conditions for land
parcel subdivision or consolidation are fully satisfied but the issued
Certificate fails to contain a land parcel drawing or contains a land parcel
drawing on which the parcel dimensions are not available or not consistent with
the parcel area, within 03 working days from the date of receiving a sufficient
application, the Land Registration Office or its branch shall return the
application and clearly notify the land user of the reason to carry out
registration of land changes;
c) In a
case other than that prescribed in points a and b of this clause, within 05
working days from the date of receiving a sufficient application, the Land
Registration Office or its branch shall confirm the satisfaction of the
conditions for land parcel subdivision or consolidation and information about
land parcels in the application form for land parcel subdivision or
consolidation and in the land parcel subdivision or consolidation drawing so as
to complete the procedures for registration and issuance of the Certificate of
LURs and ownership of property attached to land after parcel subdivision or
consolidation, except where the parcel subdivision or consolidation drawing is
made by the Land Registration Office or its branch;
d)
Official information about land parcels after parcel subdivision or
consolidation is only created and included in the cadastral map after the land
user registers land changes and obtains the Certificate of LURs and ownership
of property attached to land for the land parcels after parcel subdivision or
consolidation.
4. In case the parcel subdivision
or consolidation does not result in a change of the land user, the Land
Registration Office or its branch shall make corrections and update changes to
the cadastral records and land database; issue the Certificate of LURs and
ownership of property attached to land to land parcels after parcel subdivision
or consolidation; hand over the Certificate of LURs and ownership of property
attached to land to the applicant.
In case the parcel subdivision or
consolidation results in a change of the land user, procedures for registering
changes to land or property attached to land are specified in Articles 37 and
43 of this Decree.
Article 8.
Managing, using and accessing cadastral surveying and mapping products
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a) The Ministry of Natural
Resources and Environment shall manage digital cadastral maps;
b) Provincial- and district-level
land authorities and communal People’s Committees shall manage digital and
physical cadastral maps.
Each provincial land authority
shall assign the Land Registration Office to manage and use cadastral maps in a
concentrated and consistent manner, and update and make corrections to
cadastral maps;
c) Cadastral maps must be archived
in accordance with regulations of law on archives.
2. Use of cadastral maps:
a) Cadastral maps and cadastral map
measurement extracts approved by competent authorities must be put into use for
the purposes specified in clause 2 Article 3 of this Decree to replace
previously created cadastral maps and cadastral map measurement extracts.
Previously created cadastral maps
and cadastral map measurement extracts are valid to serve the purposes
specified in point c clause 2 Article 3 of this Decree;
b) For areas that have had
cadastral maps and cadastral map measurement extracts, as any organization or
individual wishes to use information relating to land parcels, the authority
managing cadastral maps specified in point a or b clause 1 of this Article
shall carry out cadastral map extraction or cadastral measurement extraction;
c) The access to cadastral maps
shall comply with regulations on access to cadastral maps and land information
system.
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1. The Ministry of Natural
Resources and Environment shall:
a) Perform uniform state management
of cadastral surveying and mapping activities nationwide;
b) Stipulate techniques for
cadastral surveying and mapping;
c) Inspect, examine and impose
penalties for violations against the law on cadastral surveying and mapping
nationwide.
2. Ministries and ministerial
agencies concerned shall, within their jurisdiction, cooperate with the
Ministry of Natural Resources and Environment and provincial People’s
Committees in cadastral surveying and mapping.
3. Provincial People’s Committees
shall:
a) Implement the regulations
specified in clause 3 Article 50 of the Law on Land;
b) Direct the implementation and
organize the dissemination of the law on cadastral surveying and mapping in
their provinces;
c) Inspect, examine and impose
penalties for violations against the law on cadastral surveying and mapping in
their provinces;
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4. Provincial land authorities
shall:
a) Assist
provincial People’s Committees in organizing the conduct of cadastral surveying
and mapping activities; manage and use cadastral surveying and mapping products
and appraise technical designs and cost estimates and task plans with respect
to contents concerning techniques before implementation;
b) Conduct the
activities mentioned in points a, b and c clause 2 Article 4 of this Decree;
c) Examine, accept
and approve cadastral maps; examine and approve pieces of cadastral map
measurement extracts to serve the state management of land under the authority
of provincial People's Committees, except for registration of land and property
attached to land and issuance of Certificates of LURs and ownership of property
attached to land;
d) Make cadastral maps as
prescribed in point b clause 1 Article 8 of this Decree; submit periodic
reports on status and results of cadastral surveying and mapping; on
management, use and correction of cadastral maps in their provinces to the
Ministry of Natural Resources and Environment before December 31 every year;
dd) Instruct organizations and individuals
in cadastral surveying and mapping activities, and inspect, examine and impose
penalties for violations against the law on cadastral surveying and mapping
activities in their provinces.
5. Land Registration Offices and
their branches shall perform the following tasks:
a) Land Registration Offices shall
update cadastral maps to the national land database; examine and approve pieces
of cadastral map measurement extracts to serve the registration of land and
property attached to land and issuance of Certificates of LURs and ownership of
property attached to land under the authority of provincial People's
Committees; examine and approve pieces of cadastral map measurement extracts to
serve the state management of land under the authority of district-level
People's Committees, except for the case mentioned in point b of this clause;
b) Branches of Land Registration
Offices shall examine and approve pieces of cadastral map measurement extracts
to serve the registration of land and property attached to land and issuance of
Certificates of LURs and ownership of property attached to land under the
authority of district-level People's Committees.
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a) Report to and recommend
provincial land authorities the cadastral surveying and mapping and the
management, use, correction, examination and acceptance of cadastral maps in
their districts;
b) Cooperate with provincial land
authorities in inspecting and supervising cadastral surveying and mapping and
the management, use and correction of cadastral maps in their districts;
c) Direct district-level land
authorities and communal People’s Committees to fulfill their delegated
responsibilities for cadastral surveying and mapping; manage, use, correct,
examine and accept cadastral maps in their districts.
7. Communal People’s Committees shall cooperate and assist
surveying units, supervision, examination and acceptance units in their task
performance according to technical designs and estimates or cadastral surveying
and mapping task plan approved by competent authorities; report to
district-level People’s Committees the cadastral surveying and mapping, and
management, use and correction of cadastral maps in their communes; sign
cadastral maps and pieces of cadastral map measurement extracts; manage and
protect cadastral points in their communes.
8. Project/task investors and their
supervisory authorities shall:
a) Organize appraisal of cost
estimates with respect to technical design and estimates and task plans in
accordance with regulations on financial management;
b) Approve technical design and
estimates and task plans according to regulations of law after obtaining
written appraisal opinions on techniques from provincial land authorities and
appraise cost estimates as prescribed;
c) Organize the implementation of
approved technical designs and estimates and task plans, surrender, archive,
use, and access cadastral surveying and mapping products in accordance with
regulations.
9. Surveying units; units that
supervise, examine, appraise and accept cadastral surveying and mapping
products shall take responsibility for quality and quantity of the products
they make and confirm.
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11. For any area where no
commune-level administrative unit is established, the district-level People's
Committee shall perform tasks and exercise powers of the commune-level People's
Committee and the Chairperson of the district-level People's Committee shall
perform tasks and exercise powers of the Chairperson of the commune-level
People's Committee and district-level land authority shall perform tasks and
exercise powers of a commune-level cadastral official.
Section 2.
LAND SURVEYS AND ASSESSMENTS, LAND PROTECTION, IMPROVEMENT AND RESTORATION
Article 10.
Organizing land surveys and assessments
1. Create and approve land survey
and assessment tasks
a) Collect and process information
and documents to serve the creation of land survey and assessment tasks;
b) Determine the objectives,
contents and volume of the land survey and assessment;
c) Make budget estimates based on
volume of work;
d) Submit land survey and
assessment tasks to a competent authority for approval
2. Select a consultancy to perform
land survey and assessment tasks, and inspection and supervision consultancy.
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a) Collect information, documents,
data and maps;
b) Conduct a field survey and
collect samples;
c) Consolidate and process
information and documents.
4. Make data set, maps and report
on land survey and assessment results
a) Make a report on results of
survey and assessment of land quality, land potentials, land degradation and
pollution;
b) Make a data set on results of
survey and assessment of land quality, land potentials, land degradation and
pollution;
c) Make maps of results of land
survey and assessment, including a set of maps of results of survey and
assessment of land quality, land potentials, land degradation and pollution in
the whole country and socio-economic regions on the basis of the current land
use map of the same period at a map scale of 1/1,000,000 - 1/250,000; a set of
maps of survey and assessment of land quality, land potentials, land
degradation and pollution in provinces on the basis of the current land use map
of the same period at a map scale of 1/100,000 - 1/25,000;
d) Complete data on the land survey
and assessment and update it to national land databases.
5. Obtain opinions on land survey
and assessment results
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b) Tasks of land survey and
assessment in a province: the provincial land authority shall prepare and
submit an enquiry dossier to obtain opinions of the Ministry of Natural
Resources and Environment on the results of land survey and assessment;
c) The enquiry dossier is specified
in clause 1 Article 14 of this Decree.
Article 11.
Procedures for appraising, approving and announcing land survey and assessment
results
1. Procedures for appraising,
approving and announcing results of land surveys and assessments in the whole
country and socio-economic regions
a) The authority tasked with
conducting land surveys and assessments in the whole country and socio-economic
regions shall submit to the Ministry of Natural Resources and Environment for
approval of results of land surveys and assessments in the whole country and
socio-economic regions; the application for appraisal is specified in clause 2
Article 14 of this Decree;
b) The Ministry of Natural
Resources and Environment shall appraise results of land surveys and
assessments in the whole country and socio-economic regions;
c) The tasked authority shall
submit to the Ministry of Natural Resources and Environment for approval of
results of land surveys and assessments in the whole country and socio-economic
regions; the application for approval is specified in clause 3 Article 14 of
this Decree;
d) The Ministry of Natural
Resources and Environment shall approve and announce results of land surveys
and assessments in the whole country and socio-economic regions; the
announcement dossier is specified in clause 4 Article 14 of this Decree.
2. Procedures for appraising,
approving and announcing results of land surveys and assessments in a province
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b) The provincial People’s
Committee shall appraise results of land surveys and assessments in the
province;
c) The provincial land authority
shall submit to the provincial People’s Committee for approval of results of
land surveys and assessments in the province; the application for approval is
specified in clause 3 Article 14 of this Decree;
d) The provincial People’s
Committee shall approve and announce results of land surveys and assessments in
the province; the announcement dossier is specified in clause 4 Article 14 of
this Decree.
Article 12.
Organizing land protection, improvement and restoration
1. Create and approve land
protection, improvement or restoration tasks
a) Collect and process information
and documents to serve the land protection, improvement and restoration;
b) Determine the objectives,
contents and volume of the land protection, improvement and restoration;
c) Make budget estimates based on
volume of work;
d) Submit land protection,
improvement or restoration tasks to a competent authority for approval.
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3. Formulate land protection,
improvement or restoration plans according to the approved tasks.
4. Make a report and a map of
results of land protection, improvement or restoration.
5. Complete data on land
protection, improvement or restoration and update it to national land
databases.
Article 13.
Procedures for appraising, approving and announcing land protection,
improvement and restoration results
1. Procedures for appraising,
approving and announcing land protection, improvement and restoration results
in areas suffering inter-regional or inter-provincial serious land degradation.
a) The tasked authority shall
submit to the Ministry of Natural Resources and Environment for appraisal of
results of land protection, improvement and restoration results in areas
suffering inter-regional or inter-provincial serious land degradation; the
application for appraisal is specified in clause 1 Article 16 of this Decree;
b) The Ministry of Natural Resources
and Environment shall appraise protection, improvement and restoration results
in areas suffering inter-regional or inter-provincial serious land degradation;
c) After completing documents on
results of land protection, improvement and restoration results in areas
suffering inter-regional or inter-provincial serious land degradation, the
tasked authority shall submit them to the Ministry of Natural Resources and
Environment for approval; the application for approval is specified in clause 2
Article 16 of this Decree;
d) The Ministry of Natural
Resources and Environment shall approve and announce results of land
protection, improvement and restoration results in areas suffering
inter-regional or inter-provincial serious land degradation; the announcement dossier
is specified in clause 3 Article 16 of this Decree.
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3. Procedures for appraising,
approving and announcing results of land protection, improvement and
restoration in a province.
a) The provincial land authority
shall submit to the provincial People’s Committee for appraisal of results of
land protection, improvement and restoration in the province; the application
for appraisal is specified in clause 1 Article 16 of this Decree;
b) The provincial People’s
Committee shall appraise results of land protection, improvement and
restoration in the province;
c) After completing documents on
results of land protection, improvement and restoration in the province, the
provincial land authority shall submit them to the provincial People’s
Committee for approval; the application for appraisal is specified in clause 2 Article
16 of this Decree;
d) The provincial People’s
Committee shall approve and announce results of land protection, improvement
and restoration in the province; the announcement dossier is specified in
clause 3 Article 16 of this Decree.
Article 14.
Enquiry dossiers, applications for appraisal and approval of land survey and
assessment results, dossiers on land survey and assessment results and on
announcement of land survey and assessment results
1. An enquiry dossier comprises:
a) A written enquiry for opinions;
b) A consolidated report on and map
of land survey and assessment results;
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2. An application for appraisal of
land survey and assessment results comprises:
a) An application form for
appraisal of land survey and assessment results;
b) A consolidated report on land
survey and assessment results;
c) Maps of land survey and
assessment results;
d) Data on land survey and
assessment results;
dd) A report on responses to
contributed opinions on land survey and assessment results.
3. An application for approval
comprises:
a) An application form for approval
of land survey and assessment results;
b) A consolidated report on land
survey and assessment results;
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d) Data on land survey and
assessment results;
dd) A report on responses to
appraisal opinions on land survey and assessment results.
4. A dossier on announcement of
land survey and assessment results comprises:
a) A decision on approval of land
survey and assessment results;
b) A consolidated report on land
survey and assessment results;
c) Maps of land survey and
assessment results.
5. Dossiers on land survey and
assessment results:
a) 01 set of dossier on results of
land surveys and assessments in the whole country and socio-economic regions
specified in point d clauses 3 and 4 of this Article shall be archived at the
Ministry of Natural Resources and Environment;
b) Regarding dossiers on results of
land surveys and assessments in the province specified in point d clauses 3 and
4 of this Article, 01 set of dossier shall be archived at the Ministry of
Natural Resources and Environment, 01 at the provincial People's Committee and
01 at the provincial land authority.
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1. Subject matters of contributed
and appraisal opinions on results of land surveys and assessments
a) Adequacy of documents, data and
legality of land survey and assessment records specified in clauses 1 and 2
Article 14 of this Decree;
b) Accuracy and consistency of
reports, maps and data on land surveys and assessments with the documents
specified in clauses 1 and 2 Article 14 of this Decree.
2. Subject matters of contributed
and appraisal opinions on results of land protection, improvement and
restoration
a) Adequacy of documents, data and
legality of land protection, improvement and restoration records specified in
clause 1 Article 16 of this Decree;
b) Accuracy and consistency of
reports, maps and data on land protection, improvement and restoration with the
documents specified in clause 1 Article 16 of this Decree.
Article 16.
Regulations on applications for appraisal and approval of land protection,
improvement and restoration results, dossiers on announcement of land
protection, improvement and restoration results and dossiers on land
protection, improvement and restoration results
1. An application for appraisal of
land protection, improvement or restoration results consists of:
a) An application for appraisal of
land protection, improvement or restoration results;
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c) A map of land protection,
improvement or restoration results;
d) Data on land protection,
improvement or restoration results;
dd) A report on responses to
contributed opinions on land protection, improvement or restoration results.
2. An application for approval
consists of:
a) An application for approval of
land protection, improvement or restoration results;
b) A consolidated report on land
protection, improvement or restoration results;
c) A map of land protection,
improvement or restoration results;
d) Data on land protection,
improvement or restoration results;
dd) A report on responses to
appraisal opinions on land protection, improvement or restoration results.
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a) A decision on approval of land
protection, improvement or restoration results;
b) A consolidated report on land
protection, improvement or restoration results;
c) A map of land protection,
improvement or restoration results.
4. Dossiers on land protection,
improvement or restoration results
a) Regarding dossiers on results of
land protection, improvement or restoration in areas suffering inter-regional
or inter-provincial serious land degradation; areas suffering extremely serious
land pollution specified in point d clauses 2 and 3 of this Article, 01 set of
dossier shall be archived at the Ministry of Natural Resources and Environment
and 01 at the Ministry of Agriculture and Rural Development;
b) Regarding dossiers on results of
land surveys and assessments in the province specified in point d clauses 2 and
3 of this Article, 01 set of dossier shall be archived at the Ministry of
Natural Resources and Environment, 01 at the Ministry of Agriculture and Rural
Development, 01 at the provincial People's Committee and 01 at the provincial
land authority.
Article 17.
Competence conditions to be satisfied by organizations providing land survey
and assessment consulting services
1. Any organization providing
consulting services is entitled to conduct a land survey and assessment if it
satisfies any of the following documents:
a) A public service provider must
have the functions and tasks of providing land survey and assessment consulting
services; must have at least 01 consultant satisfying the condition set forth
under point a or point b clause 2 of this Article and at least 02 consultants
satisfying the condition set forth under point c or point d clause 2 of this
Article; is entitled hire any analysis and testing laboratory satisfying the
condition set forth under clause 3 of this Article;
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2. Any consultant presiding over a
land survey and assessment in a province must have a bachelor's degree and at
least 30 months of experience in one of the majors in soil science,
soil-agrochemistry, environment, land management and other majors related to
land surveys and assessments, and must also meet one of the following conditions:
a) He/she has presided over at
least 01 project or task being part of one of the land survey and assessment
activities in the whole country or socio-economic regions;
b) He/she has presided over at
least 03 projects or tasks being one of the land survey and assessment
activities in a province;
c) He/she has directly participated
in implementing at least 01 project or task being part of one of the land
survey and assessment activities in the whole country or socio-economic
regions;
d) He/she has directly participated
in implementing at least 03 projects or tasks being one of the land survey and
assessment activities in a province.
3. Any unit which analyzes land and
water samples must have a laboratory licensed by a competent authority to
analyze and test land and water samples (excluding sampling activities) in
accordance with law.
4. The selection of land survey and
assessment consultancy shall comply with regulations of law on commissioning,
ordering and bidding for provision of public products and services funded by
the state budget's regular expenditures.
Chapter III
REGISTRATION OF LAND AND PROPERTY ATTACHED TO LAND,
ISSUANCE OF CERTIFICATES OF LURS AND OWNERSHIP OF PROPERTY ATTACHED TO LAND
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Article 18.
Certain specific regulations on registration of land and property attached to
land
1. Details of initial registration
of land or property attached to land include:
a) Information about the land user,
owner of property attached to land or person allocated land for management,
including name, identity documents, juridical person, address of the land user,
owner of property attached to land or person allocated land for management;
b) Information about the land
parcel, including the land parcel number, map sheet number, address, area, land
type, form of land use, land use origin and other information about land
parcel; information about the property attached to land, including type of
property, address, construction area, floor area, useable area, form of
ownership, ownership period and other information about the property attached
to land;
c) Requirements for registration of
LURs and property attached to land or land management rights or issuance of
Certificate of LURs, ownership of property attached to land to a land parcel or
property attached to land;
d) Other requirements imposed by
the land user, owner of property attached to land or person allocated land for
management in conformity with regulations of law on land (if any).
2. Details of registration of a
change to land or property attached to land:
a) Information about the land user,
owner of property attached to land or person allocated land for management,
including name, identity documents, juridical person, address of the land user,
owner of property attached to land or person allocated land for management;
b) Information about the land
parcel, including the land parcel number, map sheet number, address, area, land
type, form of land use, land use origin and other information about land
parcel; information about the property attached to land, including type of
property, address, construction area, floor area, useable area, form of
ownership, ownership period and other information about the property attached
to land;
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d) Other requirements imposed by
the land user or owner of property attached to land in conformity with
regulations of law on land (if any).
3. Forms of registration of land or
property attached to land.
A land
user or owner of property attached to land or person allocated land for
management shall register land or property attached to land physically or
electronically.
In the
case of physical registration, comply with the regulations set out under
Sections 3 and 4 Chapter III of this Decree.
In the
case of electronic registration, comply with the regulations set out under
Section 5 Chapter III of this Decree.
4. The land user, owner of property
attached to land, person allocated land for management or receiver of LURs or
ownership of property attached to land through disposition prescribed by law
shall directly register land or property attached to land or carry out the
registration through a representative as per regulations of law (hereinafter
referred to as “applicant for registration”).
5. Where the Certificate of LURs
and ownership of property attached to land is issued to an organization using
land as prescribed in clause 1 and clause 2 Article 142 of the Law on Land but
the LURs or property attached to land is public property as prescribed by law
on management and use of public property, the Certificate of LURs and ownership
of property attached to land may be issued according to the provisions of the
land law regardless of the progress of public property settlement.
6. In case the applicant for
registration wishes to follow multiple procedures for registration of land or
property attached to land at the same time, the agencies handling the procedures
shall liaise with competent agencies to resolve the matter.
7. In case of using land to
implement an investment project through an agreement on receipt of LURs as
prescribed in Article 127 of the Law on Land, the Certificate of LURs and
ownership of property attached to land shall be issued to the investor after
the investor completes land-related procedures to implement the project as
prescribed by law.
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9. In a case where the land user or
owner of the property attached to land does not continue to follow the
procedures for registration of land or property attached to land or issuance of
the Certificate of LURs and ownership of property attached to land while such
procedures are in progress, the person having related rights and obligations
shall, pursuant to the civil law, submit documentary evidences therefor to
continue to follow the procedures.
In a case where the person
continuing to follow the procedures has not been identified or the person
continuing to follow procedures is not eligible for the Certificate of LURs and
ownership of property attached to land, the Land Registration Office or its
branch shall update this to the cadastral register.
10. For a land parcel currently in
use by an individual or household, upon initial issuance of the Certificate of
LURs and ownership of property attached to land, the competent authority
specified in point b clause 1 Article 136 of the Law on Land shall decide the
area of residential land recognized according to the residential land allocation
limit to individuals specified in clause 2 Article 195 and clause 2 Article 196
of the Law on Land or the residential land recognition limit specified in
clause 5 Article 141 of the Law on Land, regardless of the number of
household’s members sharing LURs.
11. Regulations on land levy
deferral upon issuance of the Certificate of LURs and ownership of property
attached to land are as follows:
a) Entities which are eligible for
land levy deferral upon being granted the first Certificate of LURs and ownership
of property attached to land are individuals and households that are using land
and wish to apply for the deferral and lawful inheritors that wish to apply for
the deferral;
b) The amount of land levy to be
deferred in the case specified in point a of this clause is the total amount of
land levy payable at the time of granting the Certificate of LURs and ownership
of property attached to land;
c) Procedures for deferring land
levy, repaying and cancelling land levy debts and extending extend land levy
debt payment period for households and individuals eligible for land levy
deferral specified in this clause shall comply with regulations of law on
collection of land levy and land rent;
d) In the case of a person
allocated resettlement land, the land levy deferral shall comply with
regulations set out under the Decree providing for compensation, assistance and
resettlement upon land expropriation by the State;
dd) The land levy deferral for the
entities prescribed in point a of this clause shall be applicable in the period
from August 01, 2024 to July 31, 2029 inclusive; the repayment and cancellation
of land levy debts shall comply with regulations of law on collection of land
levy and land rent.
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1. The receiving authority
prescribed in clause 1 Article 21 of this Decree shall:
a) Inspect the adequacy of
documents, consistency of information on documents and adequacy of the declared
information and issue an application receipt and appointment note according to
the form prescribed in the Government's Decree on implementation of
single-window system and interlinked single-window system for handling
administrative procedures;
b) Do not request any document or
information not provided for by this Decree.
2. A
receiving authority or procedures handling authority shall not receive an
application or suspend its handling of procedures for registration of land or
property attached to land and return the application to the applicant for
registration, except for initial registration of land without issuance of the
Certificate of LURs and ownership of property attached to land, in the
following cases:
a) It is
beyond the authority to receive applications or the application fails to fully
include the required documents or ensure the consistency of information on
documents and the information is not fully declared as prescribed;
b) The
authority receives a written request from the civil judgment enforcement
authority or authority or person authorized to institute proceedings for
suspension or termination of registration of land or property attached to land
or issuance of the Certificate of LURs and ownership of property attached to
land with respect to the property being LURs or property attached to land of
the land user or owner of the property attached to land that is subject to
enforcement of a judgment as prescribed by law;
c) The
authority receives a notification of the distrainment of property for judgment
enforcement;
d) The
authority receives a document from the communal People’s Committee or
district-level People’s Committee or provincial People’s Committee or Minister
of Natural Resources and Environment stating its acceptance of the petition for
land dispute mediation or the petition for settlement of a dispute over land or
property attached to land;
dd) The
authority receives a document from the competent People’s Court stating its
acceptance of the petition for settlement of a dispute over land or property
attached to land;
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g) The
authority receives a written request for suspension of performance of
land-related administrative procedures to apply provisional emergency measures
of the competent authority;
h) A land
change is registered due to receiving LURs or ownership of property attached to
land through conveyance or donation but the LURs are or ownership of property
attached to land is being mortgaged and has been registered at the Land
Registration Office or its branch and the application for registration of
receipt through conveyance or donation does not contain a document from the
mortgagee on the agreement to allow the mortgagor to convey or donate the LURs
or ownership of property attached to land;
i) An
investor has mortgaged and registered the mortgage of a house or off-the-plan
house construction investment project, non-residential building construction
investment project, agricultural investment project, forest development project
or other projects using land or construction works belonging to these projects
at the Land Registration Office or its branch but the investor conveys LURs or
sells property attached to land and has yet to carry out the procedures for
registration of the change in order to withdraw a part of the collateral being
the property that has been conveyed or sold, except where the mortgagee and the
property buyer reach an agreement to continue use such property as the
collateral and register a change of the securing party in accordance with
regulations of law on registration of security interests.
3. For
the cases specified in points b, c, d, dd, e and g clause 2 of this Article, if
the settlement period as prescribed by law has expired or a document is
received from a competent authority stating that the land dispute has been settled
or a document canceling the termination or suspension of the procedures for
registration of land or property attached to land or property distrainment, the
receiving authority or procedure handling authority shall continue to complete
procedures for registration of land or property attached to land in accordance
with regulations of law.
4. In the case of registration and
issuance of the Certificate of LURs and ownership of property attached to land
to a receiver of LURs or ownership of houses and construction works in real
estate projects, the Land Registration Office or its branch shall be
responsible for inspecting the adequacy of the dossier specified in clauses 1
and 2 Article 41 of this Decree and shall not be responsible for the conditions
for disposition of LURs, sale of houses, construction works and construction
work items according to the provisions of the law on housing, the law on
construction and the law on real estate business.
Article 20.
Responsibilities of People’s Committees at all levels for registration of land
and property attached to land
1. Provincial People’s Committees
shall:
a) Direct
specialized agencies to disseminate information on and organize the
registration of land and property attached to land, issuance of Certificates of
LURs and ownership of property attached to land, and make, update, correct and
manage cadastral records and land databases;
b)
Provide funding for initial registration of land.
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3. People’s Committees of communes
shall:
a) Organize land registration in
their provinces; instruct and encourage land users to register land; inspect
and handle cases of failure to register land according to regulations of law;
b) Perform the tasks mentioned in
Article 33 of this Decree;
c) Establish an Initial Land
Registration Council (hereinafter referred to as “Land Registration Council”)
to advise on performance of the tasks specified in clauses 1 and 2 Article 33
of this Decree.
The Land Registration Council is
composed of a senior representative of the communal People’s Committee,
representative of the communal Vietnamese Fatherland Front; communal cadastral
officials and justice officials; head of the Front Work Committee of a village,
hamlet, sub-quarter or residential area where land exists and other members
decided by the communal People’s Committee.
The Land Registration Council
operates on a collective basis and makes decisions under the majority rule by
way of holding direct meetings or obtaining opinions from its members. Advice
of the Land Registration Council shall serve as the basis for the communal
People's Committee to perform the tasks specified in clauses 1 and 2 Article 33
of this Decree;
d) Time limit for performing the
tasks specified clauses 1 and 2 Article 33 of this Decree shall follow the
administrative procedures decided by the provincial People’s Committee but
shall not exceed 10 working days.
Article 21.
Receiving applications and notifying results of handling of procedures for
registration of land and property attached to land
1. Authorities receiving
applications and notifying results:
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b) Land
Registration Offices;
c)
Branches of Land Registration Offices;
2. Method of submission:
The
applicant for registration shall submit an application by adopting the
following methods:
a) In
person at the authorities specified in clause 1 of this Article;
b) By
post;
c) At a
place agreed upon by the applicant for registration and the Land Registration
Office or its branch;
d) On the
National Public Service Portal or provincial Public Service Portal;
dd) When submitting an application
to an authority specified in clause 1 of this Article by the method specified
in point a, b or c of this clause, the applicant for registration may select to
submit copies of documents and present their originals for comparison by the
application recipient or submit originals or certified true copies in
accordance with regulations of law on notarization, except for the case
specified in point e of this clause; if the application is submitted by the
method specified in point d of this clause, the documents in the submitted
application must be digitalized from their originals or copies notarized and
authenticated according to regulations of law;
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3. In the case of initial
registration of land or property attached to land, the applicant for
registration shall select a receiving authority as follows:
a) If the
land user or owner of property attached to land is a domestic individual or
overseas Vietnamese who is a Vietnamese citizen (hereinafter referred to as
“individual”) or a residential community, the receiving authority shall be the
one specified in point a clause 1 of this Article;
b) If the
land user or owner of the property attached to the land is a domestic
organization, religious organization, religious affiliate, foreign diplomatic
organization, overseas Vietnamese descendant or foreign-invested economic
organization, they may choose the receiving authority prescribed in point a or
point b clause 1 of this Article.
4. In the case of registration of a
change to land or property attached to land, the applicant for registration
shall select a receiving authority as follows:
a) If the
land user or owner of property attached to land is an individual or a
residential community, they may select the receiving authority specified in
clause 1 of this Article;
If the
area of residential land is re-determined as prescribed in clause 6 Article 141
of the Law on Land, the application shall be submitted to the authority
specified in point a clause 1 of this Article;
b) If the
land user or owner of the property attached to the land is a domestic
organization, religious organization, religious affiliate, foreign diplomatic
organization, foreign-invested economic organization, foreign organization or
foreign individual, they may choose the receiving authority prescribed in point
a or point b clause 1 of this Article.
If the
land user or owner of property attached to land is an overseas Vietnamese
descendant, they may select the receiving authority specified in clause 1 of
this Article;
c) In the case of receipt of LURs
or ownership of property attached to land, the receiver shall be the receiving
authority and the regulations set forth under point a or point b of this clause
shall be complied with.
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a) The regulations on time limit
for handling administrative procedures specified under this Decree shall be
complied with;
b) In case of delay in notifying
the result under regulations on time limit for according to the regulations on
the time for handling land-related administrative procedures, the authority
receiving the application or handling procedures shall send a notice in writing
or by electronic means or via SMS to the applicant for registration, explicitly
specifying the reason therefor;
c) In
case the applicant for registration submits copies or digital copies of
documents, when receiving the results of administrative procedures handling,
the applicant for registration must submit originals of the documents in the
application as prescribed, except for such documents as construction permit,
decision on approval for investment project, investment decision, investment
license and investment certificate.
6. Based on specific local
conditions, each provincial People's Committee shall decide the authorities
receiving applications and notifying results of procedures handling as
prescribed in point a clause 1 of this Article and the regulations on receiving
and transferring applications, handling and notifying results of handling of
procedures for land registration and other property attached to land, time
needed for each relevant agency or unit to complete each step in the
procedures, procedures handling by relevant agencies by way of using the
single-window system which ensures that the total time prescribed by law is not
exceeded and the principles prescribed in this Decree are adhered to; publicize
administrative procedures and selected locations for submitting applications
for registration of land and property attached to land in its province.
Article 22.
Time limits for completing procedures for registration of land and property
attached to land, issuance of certificates of LURs and ownership of property
attached to land
1. The time limit for completing
procedures for initial registration of land or property attached to land shall
not exceed 20 working days; for initial issuance of the Certificate of LURs and
ownership of property attached to land shall not exceed 03 working days.
2. The time limit for completing
procedures for registration of a change to land or property attached to land or
issuance of the Certificate of LURs and ownership of property attached to land
is as follows:
a) In case of exchange of
agricultural LURs without following the land consolidation or parcel exchange
plan or in case of conveyance, inheritance or donation of LURs or ownership of
property attached to land, contribution of LURs or ownership of property
attached to land as capital, it shall not exceed 10 working days;
b) In case of sale of property
attached to land leased out by the State with annual land rent payments or
contribution thereof as capital, it shall not exceed 10 working days, excluding
the time for determining land price and signing the land lease contract;
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d) In case of de-registration for
the lease or sublease of LURs under a project on construction and commercial
operation of infrastructure, it shall not exceed 03 working days;
dd) In case of change of name or
change of information about the land user or owner of property attached to
land, it shall not exceed 05 working days; in case of reduction in the area of
a land parcel due to natural landslide, it shall not exceed 10 working days;
e) In case of a change to
limitation(s) on LURs or ownership of property attached to land or to rights to
an adjacent land parcel, it shall not exceed 07 working days;
g) In case a household or
individual establishes a sole proprietorship and uses land for the sole
proprietorship's production and business activities, it shall not exceed 10
working days, excluding the time for determining land price and signing the
land lease contract;
h) In
case of registration of ownership of property attached to a land parcel to
which the Certificate has been issued, it shall not exceed 10 working days; in
case of registration of a change to the property the ownership of which has
been certified under the issued Certificate, it shall not exceed 07 working
days;
i) In
case of a change to LURs or ownership of property attached to land due to full
division, partial division, consolidation, merger or conversion of an
organizational model or agreement of household members or of the wife and
husband or of the group of common land users or the group of owners of common
property attached to land, it shall not exceed 08 working days;
k) In
case of receiving LURs or ownership of property attached to land according to
the result of successful resolution of a land dispute through mediation or
result of settlement of land-related complaint or denunciation, it shall not
exceed 08 working days;
l) In
case of receiving LURs or ownership of property attached to land due to handling
of collateral, it shall not exceed 08 working days;
m) In
case of a change to the rights to use land for construction of above ground
works serving the operation, exploitation and use of underground works or to
the ownership of an underground work, it shall not exceed 15 working days;
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o) In
case of cancelling land levy debts or registration tax debts, it shall be
within the working days on which an adequate application for debt cancellation
is received; if the adequate application is received after 15 pm on the same
day, the procedures for debt cancellation may be completed in the next working
day;
p) In
case of issuing the Certificate of LURs and ownership of property attached to
land according to the detailed construction planning or adjusting detailed
construction planning as specified in clause 3 Article 23 of this Decree, it
shall not exceed 05 working days;
q) In
case of registration of a change to the land repurposing as specified in clause
3 Article 121 of the Law on Land, it shall not exceed 10 working days.
3. In case of replacement of the
issued Certificate, the time limit for completing procedures therefor is as
follows:
a) In the
cases specified in points a, b, c, d, dd, e, g and h clause 1 Article 38 of
this Decree, it shall not exceed 05 working days;
b) In the
cases specified in point i clause 1 Article 38 of this Decree, it shall not
exceed 10 working days, except for the case specified in point c of this
clause;
c) In
case of replacing the issued Certificate for multiple land users due to
cadastral surveying and mapping, the time limit is the same as that for
executing the project approved by the competent authority.
4. In the
case of land parcel subdivision or consolidation specified in Article 7 of this
Decree, it shall not exceed 15 working days.
5. In
case of re-issuing the issued Certificate due to its loss, it shall not exceed
10 working days, excluding the time for posting the notice of loss of the
issued Certificate at the communal People's Committee and the time for
publishing an announcement in the mass media.
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7. In the
case of re-determination of the area of residential land, it shall not exceed
20 working days.
8. In the
case of correction of the issued Certificate, it shall not exceed 10 working
days.
9. In
case of revocation and invalidation of the issued Certificate, it shall not
exceed 25 working days; in case of revocation of the first issued Certificate,
the time limit for completing procedures for registration and re-issuance of
the Certificate of LURs and ownership of property attached to land is specified
in clause 1 of this Article; in case of revocation of the issued Certificate
due to registration of a change, the time limit for completing procedures for
re-issuance of the Certificate of LURs and ownership of property attached to
land shall vary according to each case of change registration in this Article.
10. The
time limits prescribed in clauses 1 through 9 of this Article shall begin from
the date of receiving an application which ensures the adequacy and consistency
specified in point a clause 1 Article 19 of this Decree; shall exclude the time
needed for determining financial obligations related to land, the time needed
for the fulfillment of financial obligations by the land user, the time needed
for considering actions against violations of regulations on land use, the time
need for solicitation of appraisal, the time need for openly posting or
publishing information in the mass media, the time needed for completing
procedures for dividing inherited LURs or property attached to land in the case
where the procedures for issuance of the Certificate of LURs and ownership of
property attached to land are being followed but the land user or owner of
property attached to land dies before handover of the Certificate.
For
mountainous communes, islands, remote and isolated areas, disadvantaged areas,
extremely disadvantaged areas, the time limit for completing each type of
procedure specified in this Article shall be increased by 10 working days.
11. An
authority handling administrative procedures specified in this Decree shall
assume responsibility for handling administrative procedures within the time
limit prescribed by such authority and shall not assume responsibility for the
time limit for handling of administrative procedures by another authority.
12. The time
limit for completing multiple procedures for registration of land or property
attached to land at the same time shall be decided by the provincial People’s
Committee, but not exceeding the total time taken to complete each procedure.
In case the investor in a real
estate business project needs to submit multiple applications at the same time
for registration and issuance of the Certificate of LURs and ownership of
property attached to land, the provincial People's Committee shall consider and
decide the time for handling administrative procedures, ensuring that it is not
longer than the time for handling each procedure for each application specified
in this Article.
Section 2.
ELABORATING ON ISSUANCE OF THE CERTIFICATE OF LURs AND OWNERSHIP OF PROPERTY ATTACHED
TO LAND
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1. Land parcel consolidation or
subdivision is carried out.
2. A person leases or sub-leases
LURs of an investor that is allocated land or leased out land by the State to
invest in the construction and commercial operation of infrastructure.
3. An investment project uses land
but the detailed construction planning of the project is adjusted according to
regulations of law on construction or the project investor has been granted a
Certificate for the entire land area for project implementation and needs to be
granted a Certificate of LURs and ownership of property attached to land for
each land parcel according to the approved detailed construction planning.
4. The ownership of property
attached to land on the land parcel granted the Certificate is certified.
5. All information on a land parcel
is changed due to cadastral surveying and mapping is changed; area of
residential land is changed due to re-determination of residential land as
prescribed in clause 6 Article 141 of the Law on Land.
6. A change to LURs or ownership of
property attached to land is registered but the issued Certificate does not
have any blank left to certify the change or the land user or owner of property
attached to land wishes to obtain a new Certificate of LURs and ownership of
property attached to land.
Article 24.
Instructions following the issuance of the certificate of LURs and ownership of
property attached to land with respect to land parcels with the additional area
acquired through a change to the boundary on documents on LURs or issued
Certificate
1. Where an original land parcel
(without the additional area) has a document on LURs specified in Article 137
of the Law on Land, follow the instructions below:
a) In case the additional area has
one of the documents on LURs specified in Article 137 of the Law on Land, the
type and area of land intended for issuance of the Certificate of LURs and
ownership of property attached to land shall be determined for the original
land parcel and the additional area according to regulations of Article 141 of
the Law on Land;
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c) For the additional area not
covered by points a and b of this clause, if it is eligible for issuance of the
Certificate of LURs and ownership of property attached to land as per Articles
138, 139 and 140 of the Law on Land, the type and area of land intended for
issuance of the Certificate of LURs and ownership of property attached to land
shall be determined for the original land parcel as prescribed in Article 141
of the Law on Land and the additional area shall be determined as prescribed in
Articles 138, 139 and 140 of the Law on Land;
d) Procedures for registration of
land and property attached to land and issuance of the Certificate of LURs and
ownership of property attached to land for the entire area of land in use shall
comply with clause 1 Article 28, Article 31 and Article 36 of this Decree.
2. Where an original land parcel
has had the Certificate, follow the instructions below:
a) In case the additional area is
acquired through disposition of the rights to use part of the land parcel
granted the Certificate but the procedures for disposition of LURs have yet to
be completed before the effective date of this Decree as prescribed by law, the
procedures for issuance of the Certificate of LURs and ownership of property
attached to land shall be completed for the entire area of the land parcel in
use; the Land Registration Office shall make corrections to the Certificate of
the disposing party as prescribed;
b) In case the additional area has
one of the documents on LURs specified in Article 137 of the Law on Land, the
type and area of land intended for issuance of the Certificate of LURs and
ownership of property attached to land shall be the entire original land parcel
and additional area according to regulations of Article 141 of the Law on Land;
c) For the additional area not
covered by points a and b of this clause, if it is eligible for issuance of the
Certificate of LURs and ownership of property attached to land as per Articles
138, 139 and 140 of the Law on Land, the Certificate of LURs and ownership of
property attached to land shall be issued to the entire area of land in use;
the type and area of land intended for issuance of the Certificate of LURs and
ownership of property attached to land shall be determined for the original
land parcel according to the issued Certificate and the additional area shall
be determined as prescribed in Articles 138, 139 and 140 of the Law on Land;
d) Procedures for registration of
land and property attached to land and issuance of the Certificate of LURs and
ownership of property attached to land for the entire area of land in use shall
comply with Article 37 of this Decree.
3. The applicant for issuance of
the Certificate of LURs and ownership of property attached to land in the cases
specified in clauses 1 and 2 of this Article is not required to follow the
procedures for disposition of LURs as prescribed by law, land repurposing or
land consolidation for the additional area.
Article 25.
Issuance of the Certificate of LURs and ownership of property attached to land
to the households and individuals using land specified in clauses 1 and 3
Article 139 of the Law on Land
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1. Where land was used before
October 15, 1993 but there was a house or house and construction works serving
daily life on such land at the time of issuing the Certificate of LURs and
ownership of property attached to land, the area of residential land to be
recognized is the residential land recognition limit which was applied from
December 18, 1980 to the day before October 15, 1993 as prescribed in clause 5
Article 141 of the Law on Land if the area of the land parcel is greater than
or equal to the residential land recognition limit.
Where the area of land on which a
house or house and construction works serving daily life have been constructed
is greater than the area of residential land to be recognized specified in this
clause, the actual construction area shall be recognized as residential land
area.
Where the area of a land parcel is
smaller than the residential land recognition limit specified in this clause,
the entire area of the land parcel shall be recognized as residential land.
2. Where land was used from October
15, 1993 to the day before July 01, 2014 but there was a house or house and
construction works serving daily life on such land at the time of issuing the
Certificate of LURs and ownership of property attached to land: if the area of
a land parcel is greater than or equal to the residential land recognition
limit as prescribed in clause 2 Article 195 and clause 2 Article 196 of the Law
on land, the area of residential land is the residential land recognition
limit.
Where the area of land on which a
house or house and construction works serving daily life have been constructed
is greater than the residential land allocation limit, the actual construction
area shall be recognized as residential land area.
Where the area of a land parcel is
smaller than the residential land allocation limit, the entire area of the land
parcel shall be recognized as residential land.
3. The remaining area of land (if
any) shall, after being determined as prescribed in clauses 1 and 2 of this
Article, shall be determined according to the current use of land.
In case the currently used land is
agricultural land, such land shall be recognized in the form of land allocation
by the State without land levy; if the land user wishes such land to be
recognized as non-agricultural land which is conformable with the
district-level land use planning or general planning or zoning planning or
construction planning or rural planning, such land may be recognized as
non-agricultural land and the land user is required to pay land levy in
accordance with law.
In case the currently used land is
non-agricultural land not residential land, such land shall be recognized as
prescribed in clause 4 of this Article.
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5. For any household or individual
that is using land stably as agricultural land which is now certified by
People’s Committee of the commune where the land exists to be dispute-free,
they may be issued with the Certificate of LURs and ownership of property
attached to land in the form of land allocation by the State without land levy
for the land area in use provided that such land area does not exceed the agricultural
land allocation limit specified by the provincial People's Committee according
to clause 4 Article 139 of this Law. Rents shall be paid to the State for any
area that exceeds the aforesaid limit.
6. In case a household or
individual is using land not for the purposes defined upon land allocation,
land lease or LURs recognition by the State and their land use conforms to the
district-level land use planning or general planning or zoning planning or
construction planning or rural planning approved by the competent authority,
follow the instructions below:
a) If they are yet to be issued
with the Certificate, the initial issuance of the Certificate of LURs and
ownership of property attached to land shall comply with clause 1 Article 28,
Article 31 and Article 36 of this Decree;
b) If they have been issued with
the Certificate, the registration of a change to land or property attached to
land shall comply with Articles 29 and 37 of this Decree;
c) The land user must discharge
financial obligations for the area of land which they repurposed without
permission in accordance with the law at the time of submitting the application
for registration of land or property attached to land and issuing the
Certificate of LURs and ownership of property attached to land.
Article 26.
Issuance of the Certificate of LURs and ownership of property attached to land
to the households and individuals using land of agricultural and forestry farms
According to the land use plan
approved by the competent authority, the Certificate of LURs and ownership of
property attached to land shall be issued to a household or individual as
follows:
1. For a household or individual
that is using land having a document on LURs specified in clause 2 Article 137
of the Law on Land, upon issuance of the Certificate of LURs and ownership of
property attached to land, the area and purposes of land are prescribed as
follows:
a) Where land was used from October
15, 1993, the area of residential land shall, upon recognition of LURs, be
determined as prescribed in Article 141 of the Law on Land;
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Where the area of land on which a
house or house and construction works serving daily life have been constructed
is greater than the residential land allocation limit specified in this clause,
the actual construction area shall be recognized as residential land area; the
land user must pay land levy for the area that exceeds the residential land
allocation limit specified in this point;
c) The remaining area of the land
parcel (if any) shall, after the residential land is determined as prescribed
in points a and b of this Article, be determined according to the current use
of land.
In case the currently used land is
agricultural land, such land shall be recognized in the form of land allocation
by the State without land levy; if the land user wishes such land to be
recognized as non-agricultural land which is conformable with the
district-level land use planning or general planning or zoning planning or
construction planning or rural planning, such land may be recognized as
non-agricultural land and the land user is required to pay land levy in accordance
with law.
2. For a household or individual
that is using land as prescribed in point c clause 2 Article 139 of the Law on
Land or person that is using land allocated, contracted, outright contracted
(“khoán trắng” in Vietnamese), leased or borrowed from an agricultural or
forestry farm as prescribed in point a clause 2 Article 181 of the Law on Land
but builds a house on such land without permission, a document on LURs
specified in clause 2 Article 137 of the Law on Land, upon issuance of the
Certificate of LURs and ownership of property attached to land, the area and
purposes of land are prescribed as follows:
a) Where land was used before
October 15, 1993 but there was a house or house and construction works serving
daily life on such land at the time of issuing the Certificate of LURs and
ownership of property attached to land, the area of residential land shall be
recognized as prescribed in clause 5 Article 141 of the Law on Land.
Where the area of land on which a
house or house and construction works serving daily life have been constructed
is greater than the area of residential land recognized in this point, the
actual construction area shall be recognized as residential land area but the
financial obligations for the area that exceeds the land recognition limit
specified in this point must be discharged;
b) Where land was used from October
15, 1993 to the day before July 01, 2014 but there was a house or house and
construction works serving daily life on such land at the time of issuing the
Certificate of LURs and ownership of property attached to land, the area of
residential land to be recognized equals the residential land allocation limit
prescribed in clause 2 Article 195 and clause 2 Article 196 of the Law on Land.
Where the area of land on which a
house or house and construction works serving daily life have been constructed
is greater than the area of residential land recognized in this point, the
actual construction area shall be recognized as residential land area but the
financial obligations for the area that exceeds the land allocation limit
specified in this point must be discharged;
c) The remaining area of land (if
any) shall, after being determined as prescribed in points a and b of this
Article, be determined according to the current use of land.
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3. In case an individual or
household is using land as prescribed in point a clause 2 Article 139 of the
Law on Land but there is not a forest management board in the area where land
is trespassed or appropriated, they may be issued with the Certificate of LURs
and ownership of property attached to land and use it for the purposes of
protection and development of protection forests within the land allocation
limit specified in point a clause 3 Article 176 of the Law on Land in the form
of land allocation without land levy and with the land use term specified in
clause 3 Article 171 of the Law on land; the land area that exceeds the limit
(if any) shall be allocated to the entities specified in points c, d and dd
clause 2 Article 181 of the Law on Land.
4. In case a household or
individual used land prior to the date of allocating land or forest to an
agricultural or forestry farm, forest management board, protected area,
national park, agricultural or forestry company, the current land user may be
issued with the Certificate of LURs and ownership of property attached to the
land according to regulations of Article 138 of the Land Law.
Article 27.
Management of codes of certificates of LURs and ownership of property attached
to land
Certificates
of LURs and ownership of property attached to land issued according to the Law
on Land and this Decree shall have Certificate codes which are managed by the
Ministry of Natural Resources and Environment in a centralized and uniform
manner nationwide and issued via software of the National Land Information
System upon issuance of the Certificates of LURs and ownership of property
attached to land.
Section 3.
APPLICATIONS FOR REGISTRATION OF LAND AND PROPERTY ATTACHED TO LAND
Article 28.
Applications submitted for initial registration of land and property attached
to land
1. For a current land user or owner
of property attached to land that is a household, individual or residential
community, an application includes:
a) An application form for
registration of land or property attached to land, which is made using the Form
No. 04/DK enclosed with this Decree;
b) One of the documents specified
in Article 137, clause 1, clause 5 Article 148, clause 1, clause 5 Article 149
of the Law on Land, a drawing of the house or construction work (if any).
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c) A document on inheritance of
LURs in accordance with regulations of civil law in case of inheritance of the
rights to use land not yet issued with the Certificate of LURs and ownership of
property attached to land in accordance with the law on land;
d) A document on inheritance of
LURs in accordance with regulations of civil law and document on the
disposition of LURs in the case specified in clause 4 Article 45 of the Law on
Land;
dd) Document stating that land is
allocated ultra vires or document on purchase, receipt through liquidation or
distribution of a house or construction work attached to land in accordance
with Article 140 of the Law on Land (if any);
e) Document relating to imposition
of penalties for administrative violations against regulations on land in case
where any administrative violation against regulations on land is committed;
g) A contract or written agreement
or decision of the People's Court on establishment of rights to an adjacent
land parcel enclosed with a drawing showing the location and size of the area
of the adjacent land parcel with limited use rights in case of registration of
rights to adjacent land parcel;
h) A document determining members
sharing LURs of a household and using land in case the household is using land;
i) A piece of cadastral map
measurement extract (if any);
k) The construction design
documentation which has been appraised by a specialized construction authority
or contains a written approval for results of the acceptance of completed work
items and construction works according to regulations of law on construction in
the case where the ownership of a construction work on agricultural land is
certified but the work owner fails to have one of the documents specified in
Article 149 of the Law on Land or the work is exempted from the construction
permit according to regulations of law on construction;
l) In the case specified in point a
clause 6 Article 25 of this Decree, a Decision on imposition of penalties for
administrative violations against regulations on land, which specify the
remedial measure which is “mandatory registration of land”; document evidencing
the payment of fine by the land user;
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n) In case of receipt of LURs or
ownership of house and construction works through disposition without
completing the procedures for disposition of LURs or ownership, documents on
the disposition of LURs or ownership of property attached to land bearing
signatures of the disposing party and the receiver;
o) In case a household or
individual wishes the Certificate of LURs and ownership of property attached to
land to be issued to their house or construction work which is subject to the
construction permit as prescribed in clause 3 Article 148 and clause 3 Article
149 of the Law on Land, a document by a district-level construction authority
certifying the existence of such house or construction work in accordance with
regulations of law on construction (if any).
2. If the land user or owner of the
property attached to the land is a domestic organization, religious
organization, religious affiliate, foreign diplomatic organization or
foreign-invested economic organization (hereinafter referred to as
“organization” or an overseas Vietnamese descendant that inherits LURs as
prescribed in point h clause 1 Article 28 of the Law on Land, an application
includes:
a) An application form for
registration of land or property attached to land, which is made using the Form
No. 05/DK enclosed with this Decree.
In the case of overseas Vietnamese
descendant, submit an application form for registration of land or property
attached to land, which is made using the Form No. 04/DK enclosed with this
Decree;
b) One of the documents specified
in Article 137, clause 4, clause 5 Article 148, clause 4, clause 5 Article 149
of the Law on Land (if any);
c) A document on inheritance of
LURs in accordance with regulations of civil law in the case of overseas
Vietnamese descendant;
d) A drawing or extract of the
cadastral map or piece of cadastral map measurement extract of the land parcel
(if any); an extract of the cadastral map of the land parcel (if any) in the
case of overseas Vietnamese descendant;
dd) A report on review of the
current use of land, which is prepared using the Form No. 05a/DK enclosed with
this Decree in the case of domestic organization, religious organization or
religious affiliate that is using land;
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g) The construction design
documentation which has been appraised by a specialized construction authority
or contains a written approval for results of the acceptance of completed work
items and construction works according to regulations of law on construction in
the case where the ownership of a construction work on agricultural land is
certified but the work owner fails to have one of the documents specified in
Article 149 of the Law on Land or the work is exempted from the construction
permit according to regulations of law on construction;
m) A document evidencing the
fulfillment of financial obligations, documents relating to the exemption or
reduction of financial obligations related to land or property attached to land
(if any).
3. In case land is allocated for
management, the application shall be prepared as specified in clause 1 Article
35 of this Decree.
4. In case multiple persons that
share LURs or ownership of property attached to land have entered into an
agreement on application for a Certificate of LURs and ownership of property
attached to land in which all of their names are specified, in addition to the
documents specified in clause 1 and clause 2 of this Article, such agreement
must be submitted.
5. Where the applicants for
registration specified in clauses 1, 2 and 3 of this Article follow procedures
for registration of land or ownership of property attached to land through a
legal representative in accordance with regulations of law on civil law, a
document on the representation in accordance with regulations of civil law is
required.
Article 29. Applications
submitted for registration of changes to land and property attached to land
An application for registration of
a change to land or property attached to land in a case other than that
specified in Article 38, 39, 40, 41, 42, 43 or 44 of this Decree comprises:
1. An application form for
registration of change to land or property attached to land, which is made
using the Form No. 11/DK enclosed with this Decree.
2. The issued Certificate.
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4. A document on the representation
in accordance with regulations of civil law in the case of following procedures
for registration of land or property attached to land through a representative.
Article 30.
Documents relating to changes to land and property attached to land
1. In case of completion of
procedures for exchange of agricultural LURs without following the land
consolidation or parcel exchange plan or in case of conveyance, inheritance or
donation of LURs or ownership of property attached to land, contribution of
LURs or ownership of property attached to land as capital, the contract or
document on the disposition of LURs or ownership of property attached to land
is required.
In case multiple persons that
receive LURs or ownership of property attached to land through disposition have
entered into an agreement on application for a Certificate of LURs and
ownership of property attached to land in which all of their names are
specified, such agreement shall be submitted.
In property attached to land is
conveyed, donated or contributed as capital but the property owner fails to
have the rights to use such land parcel, it is required to submit a document
stating the land use allows the owner of the property attached to land to
convey or donate property attached to land or contribute property attached to
land as capital, except where a foreign organization or foreign individual is
entitled to own a house in accordance with regulations of law on housing.
In case LURs are or ownership of
property attached to land is conveyed or donated but the LURs or ownership of
property attached to land is being mortgaged and has been registered at the
Land Registration Office, it is required to submit a document stating the
mortgagee allows the mortgagor to convey or donate the LURs or ownership of
property attached to land.
2. In case a land user leases land
of the State in the form of annual payment of land rent but sells property attached
to land or contributes property attached to land as capital, the contract or
document on the purchase of property attached to land or contribution of
property attached to land as capital in accordance with regulations of civil
law shall be submitted.
3. In case of leasing out or
subleasing LURs under a project on construction and commercial operation of
infrastructure, the document on the lease or sublease of LURs shall be
submitted.
4. In case of deregistration of the
lease or sub-lease of LURs under a project on construction and commercial
operation of infrastructure, the document on the deregistration of the lease or
sub-lease of LURs shall be submitted.
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a) For an individual, the
procedures handling authority shall exploit and use information on the National
Population Database; in case personal information fails to be exploited, submit
a copy or originals of the documents proving the change of name or information
of the land user or owner of property attached to land;
b) For an organization, overseas
Vietnamese descendant or residential community, submit a document of the competent
authority permitting or recognizing the change of name of information as
prescribed by law.
6. In case of a change to
limitation(s) on LURs or ownership of property attached to land or to rights to
an adjacent land parcel, submit a document on the change to the rights of the
person with related rights in accordance with regulations of civil law; in case
of a change to limitation(s) on the land user’s rights under a document of the
competent authority, the Land Registration Office shall rely on this document
to register the land change.
7. In case a household member or
individual that is using land establishes a sole proprietorship and uses land
for the sole proprietorship's production and business activities, the following
documents shall be submitted:
a) An enterprise registration
certificate;
b) A written agreement of members
sharing LURs on moving of LURs into an enterprise notarized or authenticated as
per law in the case of household’s LURs.
8. In case the area of a land
parcel is decreased due to a natural landslide, the communal People's Committee
shall provide a written confirmation of the status of the natural landslide to
the Land Registration Office and land user.
9. In case of registration of
property attached to a land parcel issued with the Certificate or registration
of a change to the property attached to land covered by such issued
Certificate, documents shall be submitted as follows:
a) Submit the documents specified
in Articles 148 and 149 of the Law on Land (if any), drawing of the house or
construction work (in case the documents specified in Articles 148 and 149 of
the Law on Land contain a drawing suitable for the current conditions of the
built house or construction work); construction design documentation which has
been appraised by a specialized construction authority or contains a written
approval for results of the acceptance of completed work items and construction
works according to regulations of law on construction in the case where the
ownership of a construction work on agricultural land is certified but the work
owner fails to have one of the documents specified in Article 149 of the Law on
Land or the work is exempted from the construction permit according to
regulations of law on construction;
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c) In case of registration of a
change due to a foreign organization’s or foreign individual’s extension of the
time limit for housing ownership as per the law on housing, submit a written
approval for extension of the time limit for housing ownership granted the
competent authority as per the law on housing.
10. In case of a change to LURs or
ownership of property attached to land due to full division, partial division,
consolidation or merger of an organization or conversion of its organizational
model, the following documents shall be submitted:
a) An enterprise registration
certificate or document on establishment of organization after the change;
b) A decision of a competent
organization or authority or document on the full division, partial division,
consolidation or merger of the organization or conversion of its organizational
model in conformity regulations of law, which explicitly specifies that the
organization is entitled to use land or own property attached to land after the
full division, partial division, consolidation or merger of the organization or
conversion of its organizational model.
11. In case of a change to LURs or
ownership of property attached to land under a written agreement between
household members or between wife and husband, the written agreement on such
change shall be submitted.
In case of a change to LURs of members
sharing LURs of a household, the written agreement must specify that
household's members share LURs at the time of land allocation, land lease or
recognition of LURs by the State or receipt of LURs through disposition.
In case of a change to LURs or ownership
of property attached to land of both wife and husband an individual, the
procedures handling authority shall exploit and use information on the marital
status National Population Database; in case personal information fails to be
exploited, a copy or original of the Certificate of marriage or divorce or
another proof of the marital status.
12. In case of receiving LURs or
ownership of property attached to land according to the result of successful
resolution of a land dispute through mediation or result of settlement of
land-related complaint or denunciation, one of the following documents shall be
submitted:
a) A minutes of successful
mediation or document on recognition of result of successful mediation issued
by the competent authority;
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c) A decision or judgment of the
People’s Court, decision on judgment enforcement of the judgment enforcement
authority already enforced;
d) A decision or award of the
Vietnam’s commercial arbitration center on the settlement of the dispute
between parties that arise from commercial activities related to land.
13. In case of receiving LURs or
ownership of property attached to land due to handling of collateral being LURs
or property attached to land already registered, including the handling of a
debt incurred from a bad debt of
a credit institution or foreign bank branch, one of the following documents
shall be submitted:
a) A contract for conveyance of
LURs or property attached to land between the land user or owner of property
attached to land and the receiver;
b) A contract for conveyance or
another transfer contract regarding LURs or ownership of property attached to
land between the person having the right to convey or sell collateral being
LURs or property attached to land and the receiver;
c) A contract for purchase and sale
of collateral being LURs or property attached to land or written confirmation
of judgment enforcement result of the civil judgment enforcement authority;
d) A contract for mortgage of LURs
or property attached to land or another document containing the agreement that
the mortgagee has the right to receive the collateral as prescribed by law;
dd) One of the documents specified
in points b, c and dd of this clause serving as the substitute for consent to
the transfer of LURs or property attached to the land of the mortgagor.
14. In case of a change to the
rights to use land for construction of above ground works serving the
operation, exploitation and use of underground works or to the ownership of an
underground work, a written permission for change granted by the competent
authority or person shall be submitted.
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a) A written permission for sale of
property or transfer or conveyance of LURs or property attached to land granted
by the competent authority;
b) In case of sale of property or
conveyance of LURs being public property, apart from the document specified in
point a of this clause, a contract for sale of public property being LURs or
property attached to land as prescribed by law.
16. Where the land parcel issued
with the Certificate includes an additional area specified in clause 2 Article
24 of this Decree, documents shall be submitted as follows:
a) In the case specified in point a
clause 2 Article 24 of this Decree, submit the document on receipt of LURs
disposition for the additional area;
b) In the cases specified in points
b and c clause 2 Article 24 of this Decree, submit the documents proving the
additional area (if any).
17. In case of cancelling land levy
debts or registration tax debts, the document evidencing the payment of land
levy debts or registration tax debts under regulations of law on collection of
land levy and land rent shall be submitted.
18. In case of adjusting the detailed
construction planning or adjusting the detailed construction planning as
specified in clause 3 Article 23 of this Decree, the decision on approval for
detailed construction planning of the competent authority enclosed with a map
of adjustments to the detailed construction and cadastral map or piece of
cadastral map measurement extract shall be submitted; in case of re-determining
land prices, the document evidencing the fulfillment of financial obligations
related to land shall be submitted.
In case the project investor has
been issued with the Certificate for the entire area of land for execution of
their project but wishes to obtain a Certificate of LURs and ownership of
property attached to land for each land parcel according to the detailed
construction planning, the decision on approval for detailed construction
planning issued by the competent authority enclosed with a map of detailed
construction planning and cadastral map or piece of cadastral map measurement
extract shall be submitted.
19. In case the Certificate has
bene issued to a household but the land user’s rights are exercised, the
contract or document on the disposition of LURs must specify that household's
members share LURs at the time of land allocation, land lease or recognition of
LURs by the State or receipt of LURs through disposition.
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21. In the case specified in point
b clause 6 Article 25 of this Decree, a Decision on imposition of penalties for
administrative violations against regulations on land, which specify the
remedial measure which is “mandatory registration of land”; document evidencing
the payment of fine by the land user shall be submitted.
Section 4.
PROCEDURES FOR REGISTRATION OF LAND AND PROPERTY ATTACHED TO LAND
Article 31.
Procedures for initial registration of land and property attached to land for
individuals, residential communities and households using land
1. A land user or owner of property
attached to land shall submit 01 application specified in clause 1 Article 28
of this Decree to the receiving authority specified in point a clause 1 Article
21 of this Decree.
2. The receiving authority shall
issue an application receipt and appointment note to the applicant and transfer
the application to the processing authority specified in clause 3 of this
Article.
3. The communal People’s Committee
shall undertake the tasks mentioned in Article 33 of this Decree.
4. The district-level land
authority shall perform the following tasks:
a) Carry out cadastral map
extraction regarding the areas that have had cadastral maps;
b) Regarding the areas that have
not had cadastral maps, if the application for registration and issuance of the
Certificate of LURs and ownership of property attached to land includes pieces
of cadastral map measurement extracts, request the branch of the Land
Registration Office to examine and approve these pieces of cadastral map
measurement extracts according to point b clause 5 Article 9 of this Decree.
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The branch of the Land Registration
Office shall examine and approve pieces of cadastral map measurement extracts
or carry out cadastral map measurement extraction within 05 working days from
the date of receiving the request from the district-level land authority; the
land user shall bear the costs as prescribed;
c) In case the land user or owner
of property attached to land wishes their ownership of a house or construction
work to be certified but fails to have the document specified in point o clause
1 Article 28 of this Decree, send a written request for opinions from the
district-level construction authority about the existence of such house or
construction work. Within 03 working days, the district-level construction
authority shall respond to the land authority in writing;
d) Inspect the satisfaction of
eligibility requirements for issuance of Certificate of LURs and ownership of
property attached to land in accordance with the land law in case where the
land user or owner of property attached to land wishes to obtain a Certificate
of LURs and ownership of property attached to land;
dd) Transfer the Notification of
land registration result made using the Form No. 03/DK enclosed with this
Decree to the receiving authority for notification of the result to the
applicant for registration in case there is a need to obtain the Certificate of
LURs and ownership of property attached to land or it is ineligible to be
issued with the Certificate of LURs and ownership of property attached to land;
transfer the application to the Land Registration Office to create and update information
on the registered land or property attached to land to the cadastral records
and land database;
e) In case of there is a need to
obtain the Certificate of LURs and ownership of property attached to land or it
is ineligible to be issued with the Certificate of LURs and ownership of
property attached to land, send the information sheet for determination of
land-related financial obligations according to the Form No. 12/DK enclosed
with this Decree to the tax authority so as for it to determine and notify the
financial obligations to the land user or owner of property attached to land;
transfer the application to the Land Registration Office to create and update
information on the registered land or property attached to land to the
cadastral records and land database.
Article 32.
Procedures for initial registration of land and property attached to land for
organizations using land and overseas Vietnamese descendants
1. A land user submit 01
application specified in clause 2 Article 28 of this Decree to the receiving
authority specified in point a or b clause 1 Article 21 of this Decree.
For the area of land which an
agriculture or forestry company may continue to use after the review and
arrangement specified in Article 181 of the Law on land, the regulations set
out in the Decree elaborating some Articles of the Law on Land shall be
complied with.
2. The application receiving
authority shall:
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b) Transfer the application to the
People's Committee of the province where land exists for performance of the
tasks specified in clauses 3 and 4 of this Article with respect to an
organization that is using land.
In case the receiving authority
specified in point a clause 1 Article 21 of this Decree receives an application
from an overseas Vietnamese descendant who inherits LURs as prescribed in point
h clause 1 Article 28 of the Law on Land, such application shall be transferred
to the Land Registration Office for performance of the task mentioned in clause
5 of this Article.
3. The People's Committee of the
province where land exists shall direct the provincial land authority to carry
out a site inspection of the use of land by the organization and determine
specific boundary of the land parcel as prescribed in clause 2 Article 142 and
clause 2 Article 145 of the Law on Land.
4. The provincial land authority
shall:
a) Prepare and submit an
application form according to the Form No. 10/DK enclosed with this Decree to
the provincial People’s Committee for its determination of the form of land use
by the organization similarly to land allocation or land lease by the State
according to the Form No. 14/DK enclosed with this Decree;
b) In case the land user is
required to pay land levy or land rent, determine land price and send the
information sheet for determination of land-related financial obligations which
is made using the Form No. 12/DK enclosed with this Decree to the tax authority
so as for it to determine and notify the financial obligations to the land
user.
5. The Land Registration Office
shall perform the following tasks in case an overseas Vietnamese descendant
inherits LURs as prescribed in point h clause 1 Article 28 of the Law on Land:
a) Send a written request for
opinions from the communal People’s Committee for performance of the tasks
mentioned in Article 33 of this Decree;
b) Carry out cadastral map
extraction regarding the areas that have had cadastral maps;
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If the application for registration
and issuance of the Certificate of LURs and ownership of property attached to
land is yet to include pieces of cadastral map measurement extracts, carry out
cadastral map extraction;
d) In case there is a need to
certify the ownership of a house or construction work but the document
specified in point o clause 1 Article 28 of this Decree is not available, send
a written request for opinions from the district-level land authority about the
existence of such house or construction work. Within 03 working days, the
district-level construction authority shall respond to the land authority in
writing;
dd) Inspect the satisfaction of
eligibility requirements for issuance of Certificate of LURs and ownership of
property attached to land in accordance with the land law in case where the
land user or owner of property attached to land wishes to obtain a Certificate
of LURs and ownership of property attached to land;
e) Transfer the Notification of
land registration result made using the Form No. 03/DK enclosed with this
Decree to the receiving authority for notification of the result to the
applicant for registration in case there is a need to obtain the Certificate of
LURs and ownership of property attached to land or it is ineligible to be
issued with the Certificate of LURs and ownership of property attached to land;
create and update information on the registered land or property attached to
land to the cadastral records and land database;
g) In case there is a need to
obtain the Certificate of LURs and ownership of property attached to land or it
is ineligible to be issued with the Certificate of LURs and ownership of
property attached to land, send the information sheet for determination of
land-related financial obligations according to the Form No. 12/DK enclosed
with this Decree to the tax authority so as for it to determine and notify the
financial obligations to the land user or owner of property attached to land;
create and update information on the registered land or property attached to
land to the cadastral records and land database.
Article 33.
Details of certification by communal People’s Committees in case of initial
registration of land and property attached to land
1. It is required to certify the
current use of land to check whether there is any house or construction
thereon; the status of any dispute over land or property attached to land.
2. Apart from the details of
certification specified in clause 1 of this Article, the communal People's Committee
shall, on a case-by-case basis, certify the following:
a) The stable land use as specified
in clause 38 Article 3 of the Law on Land and clause 3 Article 34 of this
Decree in case of having the document on LURs specified in clause 7 Article 137
of the Law on Land;
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c) The conformity with the
district-level land use planning or general planning or zoning planning or
construction planning or rural planning in case of applying for recognition as
non-agricultural land as specified in point d clause 1, point d clause 2, point
d clause 3 Article 138 of the Law on Land, clause 3 Article 25, point c clause
1 and point c clause 2 Article 26 of this Decree and in the case specified in
point a clause 3 Article 139 of the Law on Land but other than the case
specified in clause 5 Article 25 of this Decree, clauses 2 and 3 Article 140 of
the Law on Land; the conformity with the land use plan in the case specified in
clause 4 Article 140 of the Law on Land;
d) The conformity with the land use
planning and construction planning in the case specified in clause 1 Article
139 of the Law on Land.
The conformity with the forestry
planning regarding special-use forests and protection forests in the case
specified in point a clause 2 Article 139 of the Law on Land.
The conformity with the land use
planning for the purpose of construction of public infrastructure facilities in
the case specified in point b clause 2 Article 139 of the Law on Land.
The conformity with the forestry
planning regarding special-use forests and protection forests and with the land
use planning for the purpose of construction of public infrastructure
facilities in the case specified in point c clause 2 Article 139 of the Law on
Land; the conformity with the planning as specified in point c of this clause
in the case specified in point c clause 2 Article 26 of this Decree;
dd) Upon certifying the conformity
with planning as specified in points c and d of this clause, the communal
People’s Committee shall rely on the planning in force at the time of
certification.
3. In case a land user does not
wish to obtain the Certificate of LURs and ownership of property attached to
land and a residential community is allocated land by the State for management,
the communal People’s Committee shall certify the details specified in clause
1, points a and b clause 2 of this Article.
4. The details of certification
specified in clauses 1 and 2 of this Article in case a land user wishes to
obtain the Certificate of LURs and ownership of property attached to land
according to the Form No. 06/DK enclosed with this Decree shall be openly
posted at the People’s Committee of the commune and residential area where land
or property attached to land exists within 15 days and the comments on the
publicized details (if any) shall be considered.
5. It is required to complete the
application, prepare and submit an application form according to the Form No.
08/DK enclosed with this Decree to the district-level land authority.
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1. The certification of current use
of land and property attached to land shall rely on minutes of the Land
Registration Council or site verification where necessary.
2. The certification of status of
disputes over land and property attached to land shall rely on the communal
People’s Committee’s acceptance of petitions for mediation of disputes over
land and property attached to land or petitions for settlement of disputes over
land and property attached to land or receipt of competent authorities’
notifications of acceptance of petitions for settlement of disputes over land
and property attached to land.
3. The certification of stable land
use in the case specified in clause 7 Article 137 of the Law on Land shall rely
on minutes of the Land Registration Council.
4. The certification of stable land
use in the cases of failure to have documents on LURs specified in Article 137
of the Law on Land shall rely on the land use term and purposes stated in one
of the following documents:
a) Receipt of payment of
agricultural land levy or house and land tax;
b) Record or decision on imposition
of penalties for administrative violations concerning the land use or
construction of works attached to land;
c) Effective decision or judgment
of a People’s Court, decision on judgment enforcement of the judgment
enforcement authority already enforced regarding the property attached to land;
d) Receipts of payment of
electricity and water bills and other payments bearing the house address at the
land parcel to be determined;
dd) Documents stating that land is
allocated ultra vires or document on purchase, receipt through liquidation,
sale or distribution of houses or construction works attached to land in
accordance with Article 140 of the Law on Land;
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g) Maps and documents on land
surveying and measurement; land registry logbooks and land survey logbooks made
on and after December 18, 1980;
h) Documents on house and land
declaration and registration, which bears the confirmation of the communal,
district-level or provincial People's Committee at the time of declaration on
and after October 15, 1993;
i) Document on registration of
permanent residence or temporary residence at a house attached to land, which
is issued by a competent authority;
k) Minutes of the results of the
Land Registration Council in case where one of the pieces of information or
documents specified in points a, b, c, d, dd, e, g, h and i of this clause is
available or such pieces of information or documents do not clearly state the
time of document creation, time of information creation and purpose of land
use.
5. In case the commencement dates
of land use shown in the documents or pieces of information specified in clause
4 of this Article are inconsistent, the commencement date of land use shall be
determined according to the document or piece of information showing the
earliest date of land use.
6. The certification of the
conformity with plannings shall rely on the plannings approved by a competent
authority. To be specific:
a) In case of applying for
recognition as non-agricultural land as specified in point d clause 1, point d
clause 2, point d clause 3 Article 138 of the Law on Land, clause 3 Article 25,
point c clause 1 and point c clause 2 Article 26 of this Decree, rely on one of
the following plannings: district-level land use planning or general planning
or zoning planning or construction planning or rural planning;
b) In the case specified in clause
1 Article 139 of the Law on Land, rely on the land use planning and
construction planning;
c) In the case specified in point a
clause 2 Article 139 of the Law on Land, rely on the forestry planning
regarding special-use forests and protection forests;
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dd) In the case specified in point
c clause 2 Article 139 of the Law on Land, rely on the forestry planning
regarding special-use forests and protection forests and land use planning for
the purpose of construction of public infrastructure facilities; in the case
specified in point c clause 2 Article 26 of this Decree, rely on the planning
as specified in point a of this clause;
e) In the case specified in point a
clause 3 Article 139 of the Law on Land other than the case specified in clause
5 Article 25 of this Decree and in the case specified in clauses 2 and 3
Article 140 of the Law on Land, rely on one of the plannings specified in point
a of this clause; in the case specified in clause 4 Article 140 of the Law on
Land, rely on the land use planning.
Article 35.
Procedures for initial registration of land allocated for management
1. Application for initial
registration of land allocated for management specified in Article 217 of the
Law on Land:
a) Regarding the person assigned to
manage land as specified in clause 1, 2 or 3 Article 7 of the Law on Land, the
application consists of an application form for registration of land or
property attached to land made using the Form No. 05/DK and report on review of
current use of land made using the Form No. 05b/DK enclosed with this Decree.
In the case specified in clause 1
Article 7 of the Law on Land, 01 application shall be submitted to the
receiving authority specified in point a or b clause 1 Article 21 of this
Decree; in case the application is received by the authority specified in point
a clause 1 Article 21 of this Decree, it will be transferred to the Land
Registration Office.
In case of the persons assigned to
manage land as specified in clauses 2 and 3 Article 7 of the Law on Land,
Chairpersons of People's Committees at all levels shall direct land authorities
at the same level to prepare 01 application and send it to the Land
Registration Office.
b)
Regarding the person assigned to manage land as specified in clause 4 Article 7
of the Law on Land, 01 application consisting of an application form for
registration of land or property attached to land made using the Form No. 04/DK
and report on review of current use of land made using the Form No. 05b/DK enclosed
with this Decree shall be submitted to the communal People’s Committee; the
communal People’s Committee shall transfer the application to the Land
Registration Office.
2. The
Land Registration Office shall create, update and correct cadastral records and
land database.
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1. For an individual, residential
community or household that is using land:
After receiving the tax authority’s
notification of fulfillment of financial obligations or tax deferral, except
where the State leases out land and annually collects land rent, the
district-level land authority shall:
a) Prepare an application form
according to the Form No. 09/DK enclosed with this Decree and submit it to the
district-level People Committee for its signature of the Certificate of LURs
and ownership of property attached to land.
In the case of land lease, request
the district-level People Committee to sign the decision on land lease and
Certificate of LURs and ownership of property attached to land; sign the land
lease contract;
b) Transfer the Certificate of LURs
and ownership of property attached to land or land lease contract in case of
land lease to the receiving authority which will hand over it to the land user
or owner of property attached to land.
c) Transfer the application
enclosed with a copy of the issued Certificate to the Land Registration Office
so as for the latter to update and correct cadastral records and land database.
2. For an organization using land
or an overseas Vietnamese descendant inheriting LURs as prescribed in point h
clause 1 Article 28 of the Law on Land:
After receiving the tax authority’s
notification of fulfillment of financial obligations or tax deferral, except
where the State leases out land and annually collects land rent, the provincial
land authority shall:
a) Request the provincial People’s
Committee to sign Certificate of LURs and ownership of property attached to
land or sign the Certificate of LURs and ownership of property attached to land
if authorized; sign the land lease contract in case of land lease;
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c) Transfer the application
enclosed with a copy of the issued Certificate to the Land Registration Office
so as for the latter to update and correct cadastral records and land database.
3. Where a household, individual or
residential community has received the Notification of result of registration
of land or property attached to land and wishes to obtain the Certificate of
LURs and ownership of property attached to land, adhere to the following
regulations:
a) The land user shall submit the
Notification of result of registration of land or property attached to land and
application form for registration of land or property attached to land made
using the Form No. 04/DK enclosed with this Decree to the receiving authority
specified in point a clause 1 Article 21 of this Decree;
b) The communal People’s Committee
shall exploit information on the application for registration of land or
property attached to land on the land database or request the Land Registration
Office to provide such application in case information fails to be exploited in
order to perform the tasks specified in clause 1, points c, d and dd clause 2
and clause 4, clause 5 Article 33 of this Decree;
c) The district-level land
authority shall perform the tasks specified in clause 4 Article 31 of this
Decree and clause 1 of this Article.
Article 37.
Procedures for registration of changes to land and property attached to land
and issuance of Certificates of LURs and ownership of property attached to land
Procedures for registration of a
change to land and property attached to land and issuance of a Certificate of
LURs and ownership of property attached to land, except for the cases specified
in Articles 38 through 44 of this Decree, are as follows:
1. The applicant for registration
shall submit 01 application including the documents specified in Article 29 of
this Decree.
In the case of handling of
collateral or contribution of LURs or property attached to land as capital not
under agreement; distrainment and auction of LURs or property attached to land
for judgment enforcement in accordance with law, the application shall be
submitted by the organization in charge of handling LURs or property attached
to land or by the receiver of LURs or ownership of property attached to land.
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If the application is received by
the authority specified in point a clause 1 Article 21 of this Decree, it will
be transferred to the Land Registration Office.
If the area of residential land is
re-determined as prescribed in clause 6 Article 141 of the Law on Land, the
receiving authority shall transfer the application to the district-level land
authority.
3. The Land Registration Office
shall perform the following tasks:
a) The Land Registration Office
shall inspect the satisfaction of eligibility requirements for exercise of
rights in accordance with the Law on Land in case of exercise of rights by the
land user or owner of property attached to land; in case of failure to satisfy
the eligibility requirements for exercise of rights in accordance with the Law
on Land, it shall notify the reason therefor and return the application to the applicant
for registration;
b) Upon handling procedures for
registration of land change, if the land parcel has been issued with the
Certificate according to the cadastral map or cadastral map measurement extract
of such land parcel, the Land Registration Office is not required to measure
and re-determine the land parcel area, except where the land user or owner of
property attached to land so requests.
In case of following procedures for
registration of land change, if the issued Certificate has yet to show the
cadastral map or cadastral map measurement extract of the land parcel and the
land user wishes to obtain a new Certificate of LURs and ownership of property
attached to land or is required to obtain a new Certificate of LURs and
ownership of property attached to land, the Land Registration Office shall
carry out cadastral map extraction or cadastral map measurement extraction of
the land parcel with respect to the area that has not had a cadastral map or
has had only a physical cadastral map which is torn or damaged beyond recovery
or use for digitization as prescribed in point b clause 2 Article 4 of this
Decree in order to show the map of the land parcel on the Certificate of LURs
and ownership of property attached to land.
The land user is entitled to have
the result of cadastral map extraction or cadastral map measurement extraction
recognized and required to pay measurement costs as prescribed; in case of
re-measurement, if the land parcel area is greater than that stated in the
issued Certificate and the land parcel boundary is the same as that at the time
of issuing the Certificate, the land user must discharge financial obligations
related to land levy for the additional residential area beyond the residential
land are limit and land rent for the additional residential area according to
regulations of law in force at the time of issuing the previous Certificate;
c) In case the area of a land
parcel is decreased due to a natural landslide, the Land Registration Office
shall carry out measurement and re-determine the land parcel area using the
state funding;
d) Send the information sheet for
determination of land-related financial obligations which is made using the
Form No. 12/DK enclosed with this Decree to the tax authority so as for it to
determine and notify the financial obligations in case where financial
obligations must be fulfilled as prescribed by law;
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In case financial obligations are
required to be fulfilled, the Land Registration Office shall perform the tasks
specified in this point after receiving the tax authority’s notification of
completion of financial obligations.
4. In the case specified in clause
1 Article 30 of this Decree, the Land Registration Office shall perform the
task specified in clause 3 of this Article.
5. In the case specified in clause
2 Article 30 of this Decree, adhere to the following regulations:
a) The Land Registration Office
shall perform the tasks specified in points a and b clause 3 Article 7 and
submit the application to the land authority at the same level to determine the
land price and sign the land lease contract as prescribed;
b) The land authority shall sign
the land lease contract with the purchaser or receiver of contributed capital
being property attached to the leased land without re-issuing the land lease
decision; notify the tax authority in writing of the invalidity of the land
lease contract the purchaser or receiver of contributed capital being property;
transfer the land lease contract to the Land Registration Office;
c) The Land Registration Office
shall perform tasks prescribed in points d and dd clause 3 of this Article.
6. In the case specified in clause
3 Article 30 of this Decree, the Land Registration Office shall undertake the
following tasks:
a) Perform the task mentioned in
clause 3 of this Article;
b) Certify the lease or sublease in
the issued Certificate of the project investor.
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a) Certify the deregistration of
the lease or sub-lease in the issued Certificate of the project investor and return
the Certificate to the project investor;
b) Revoke the issued Certificate of
the lessee or sub-lessee;
c) Make corrections and update
changes to the cadastral records and land database.
8. In the cases specified in
clauses 5 and 6 Article 30 of this Decree, the Land Registration Office shall
perform the tasks specified in points b and dd clause 3 of this Article.
9. In the case specified in clause
7 Article 30 of this Decree, the Land Registration Office shall perform the
task specified in points b and dd clause 3 of this Article.
As a sole proprietorship shuts down
but its LURs are not dealt with as prescribed by law, the Land Registration
Office shall perform task prescribed in point dd clause 3 of this Article.
10. In the case specified in clause
8 Article 30 of this Decree, the Land Registration Office shall perform the
task specified in points c and dd clause 3 of this Article.
11. In the case specified in clause
9 Article 30 of this Decree, adhere to the following regulations:
a) The Land Registration Office
shall perform the tasks specified in points b, d and dd clause 3 of this
Article, except for the case specified in point b of this clause;
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12. In the case specified in clause
10 Article 30 of this Decree, adhere to the following regulations:
a) The Land Registration Office
shall perform the task specified in point b clause 3 of this Article; and
submit the application to the provincial land authority to determine the land
price and re-sign the land lease contract as prescribed in the case of annually
paying land rent;
b) The provincial land authority
shall sign the land lease contract with the organization being a new juridical
person without re-issuing the land lease decision and transfer the application
to the Land Registration Office;
c) The Land Registration Office
shall perform tasks prescribed in points d and dd clause 3 of this Article.
13. In the cases specified in
clauses 11 through 15 Article 30 of this Decree, the Land Registration Office
shall perform the tasks specified in points b, d and dd clause 3 of this
Article.
14. In the case specified in clause
16 Article 30 of this Decree, adhere to the following regulations:
a) In the case specified in point a
clause 2 Article 24 of this Decree, the Land Registration Office shall notify
the disposing party in writing of the issuance of the Certificate of LURs and
ownership of property attached to land to the receiver of LURs through
disposition and openly post this at the People's Committee of the commune where
land exists. If the address of the person disposing LURs is unknown, the Land
Registration Office shall publish an announcement in the local mass media for
03 consecutive issues, the expenses for publishing the announcement shall be
paid by the applicant for issuance of the Certificate LURs and ownership of
property attached to land.
30 days after the date of
notification or first announcement in the local mass media, if there is no
petition for dispute settlement, the Land Registration Office shall perform the
tasks specified in points b, c and dd clause 3 of this Article.
If there is a petition for dispute
settlement, the Land Registration Office shall instruct parties to submit the
petition to a competent authority as prescribed;
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The Land Registration Office shall
submit the application to the communal People’s Committee so as to perform the tasks
specified in Article 33 of this Decree with respect to the additional land
area.
The communal People’s Committee
shall transfer the application enclosed with a report on performance of the
tasks prescribed in Article 33 of this Decree to the Land Registration Office
for performance of the tasks prescribed in points d and dd clause 3 of this
Article.
15. In the case specified in clause
17 Article 30 of this Decree, the Land Registration Office shall perform the
task specified in point dd clause 3 of this Article.
16. In the case specified in clause
18 Article 30 of this Decree, the Land Registration Office shall perform the
task specified in points b, d and dd clause 3 of this Article.
17. If the area of residential land
is re-determined as prescribed in clause 6 Article 141 of the Law on Land, the
receiving authority shall transfer the application to the district-level land
authority. The district-level land authority shall perform the following tasks:
a) Notify the Land Registration
Office for provision of the application for initial issuance of the
Certificate;
b) Examine the previous application
for issuance of the Certificate. In case it is eligible for re-determination of
the residential land area as prescribed in clause 6 Article 141 of the Law on Land,
request the district-level People Committee to re-determine the residential
land area and issue the Certificate of LURs and ownership of property attached
to land to the land user;
c) Transfer the application
enclosed with a copy of the issued Certificate to the Land Registration Office
so as for the latter to make corrections and update the change to the cadastral
records and land database.
18. In case of registration of the
change as prescribed in clause 1 Article 30 of this Decree by the land user,
owner of property attached to land or member of a group of land users that
excercise their rights to part of a land parcel without parcel subdivision or
part of their LURs, the Land Registration Office shall perform the tasks
specified in points a, b, d and dd clause 3 of this Article.
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20. In case of registering a change
due to the land repurposing as specified in clause 3 Article 121 of the Law on
land, the Land Registration Office shall perform the tasks specified in points
b, d and dd clause 3 of this Article.
Article 38.
Replacement of the issued Certificate
1. Cases where the issued
Certificate is replaced:
a) A land user wishes to replace
their Certificate issued before August 01, 2024 with the Certificate of LURs
and ownership of property attached to land;
b) The issued Certificate is
smeared, blurry, ragged or damaged;
c) The issued Certificate was
issued to multiple land parcels but is now issued to each land parcel at the
land user’s request and the Certificate of LURs and ownership of property
attached to land is replaced as prescribed in clause 7 Article 46 of this
Decree;
d) The land use purpose stated in
the issued Certificate in accordance with the law on land at the time of
issuing such Certificate is different from that according to the land
classification as specified in Article 9 of the Law on Land and Government’s
Decree elaborating some Articles of the Law on Land;
dd) The position of a land parcel
on the issued Certificate is different from the actual position at the time of
issuing such Certificate;
e) A request for writing of full
names of both husband and wife in the issued Certificate is submitted, in case
LURs are or ownership of property attached to land is common property of
husband and wife but the issued Certificate only indicates the full name of
either of them;
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h) The address of a land parcel in
the issued Certificate is changed;
i) Dimensions, area or number of a
land parcel is changed due to cadastral surveying and mapping or cadastral
measurement extraction but the parcel boundary remains unchanged.
2. An application for replacement
of the issued Certificate is composed of:
a) An application form for
registration of change to land or property attached to land, which is made
using the Form No. 11/DK enclosed with this Decree, and the issued Certificate.
In the case specified in point g
clause 1 of this Article, the application form for registration of change to
land or property attached to land which is made using the Form No. 11/DK
enclosed with this Decree must indicate that members share LURs of the
household;
b) A piece of cadastral map
measurement extract of the land parcel in case of measurement extraction of the
land parcel as specified in point i clause 1 of this Article.
3. Procedures for replacement of
the issued Certificate:
a) A land user or owner of property
attached to land shall submit the application specified in clause 2 of this
Article to the receiving authority specified in clause 1 Article 21 of this
Decree;
b) The receiving authority shall
issue an application receipt and appointment note to the land user or owner of
property attached to land.
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4. The Land Registration Office
shall:
a) Exploit and use information
about marital status in the National Population Database in the case specified
in point e clause 1 of this Article.
In case information about marital
status fails to be exploited, the land user or owner of property attached to
land shall submit a copy of the Certificate of marriage or another proof of the
marital status.
In case of a change of the address
of the land parcel in the issued Certificate as specified in point h clause 1
of this Article, the procedures handling authority shall information on the
competent authority’s document on the change to handle the procedures;
b) In the case specified in point d
clause 1 of this Article, carry out a site inspection and make a comparison with
the application for registration and issuance of the issued Certificate to
correctly determine the position of the land parcel;
c) If the issued Certificate is yet
to include a cadastral map or cadastral map measurement extract of the land
parcel, comply with the regulations laid down under point b clause 3 Article 37
of this Decree;
d) Send the information sheet for
determination of land-related financial obligations which is made using the
Form No. 12/DK enclosed with this Decree to the tax authority so as for it to
determine and notify the financial obligations in case where financial
obligations must be fulfilled as prescribed by law;
dd) Make corrections and update the
change to the cadastral records and land database; issue the Certificate of
LURs and ownership of property attached to land; hand over the Certificate of
LURs and ownership of property attached to land or send it to the receiving
authority which will hand over it to the applicant.
In case of replacement of the
issued Certificate due to cadastral surveying and mapping but the mortgagee is
having custody of the issued Certificate, the Land Registration Office shall
notify the list of entities following procedures for issuance of the
Certificate of LURs and ownership of property attached to land to the
mortgagee; certify the registration of mortgage in the issued Certificate of
LURs and ownership of property attached to land. The handover of the
Certificate of LURs and ownership of property attached to land shall be carried
out by triple parties including the Land Registration Office, land user or
owner of property attached to land and the mortgagee; the land user or owner of
property attached to land shall sign and receive the new Certificate from the
Land Registration Office to hand it over to the mortgagee; the mortgagee shall
surrender the mortgaged old Certificate to the Land Registration Office for
management.
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1. A land user or owner of property
attached to land shall submit an application form for registration of change to
land or property attached to land according to the Form No. 11/DK enclosed with
this Decree to the receiving authority specified in clause 1 Article 21 of this
Decree.
If the application is received by
the authority specified in point a clause 1 Article 21 of this Decree, it will
be transferred to the Land Registration Office.
2. The Land Registration Office
shall perform the following tasks:
a) Check information about the
issued Certificate which the land user or owner of property attached to land in
the cadastral records and land database;
b) If it is found that the rights
to use the land parcel or ownership of property attached to land issued with
the Certificate has been disposed or the LURs are or property attached to land
is pledged as collateral for a loan granted by a credit institution, economic
organization or individual as prescribed by law, return the application to the
land user or owner of property attached to land;
c) In a case other than that
specified in point b of this clause, the Land Registration Office shall deliver
information thereon to the People’s Committee of the commune where land exists;
publish an announcement in the local mass media for 03 consecutive issues
within 15 days regarding the loss of the Certificate issued to an organization
or overseas Vietnamese descendant the expenses for publishing the announcement
shall be paid by the land user or owner of property attached to land;
d) Invalidate the issued
Certificate; update and correct the cadastral records and land database after
performing the tasks specified in clause 3 of this Article; re-issue the
Certificate of LURs and ownership of property attached to land it to the
applicant.
If the issued Certificate is yet to
include a cadastral map or cadastral map measurement extract of the land
parcel, comply with the regulations laid down under point b clause 3 Article 37
of this Decree.
3. The communal People’s Committee
shall perform the following tasks:
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b) Within 05 days from the end of
the posting period, the communal People’s Committee shall make a record on
termination of posting and send it to the Land Registration Office.
4. In case the additional page of
the Certificate issued in accordance with the law on land prior to the
effective date of this Decree is lost, the land user or owner of property
attached to land shall submit an application form for registration of change to
land or property attached to land according to the Form No. 11/DK enclosed with
this Decree and an original of the issued Certificate. The Land Registration
Office shall check information about the additional page in the cadastral
records and land database; re-issue the Certificate of LURs and ownership of
property attached land containing updated information about the issued
Certificate and information on the additional page.
Article 40.
Procedures for registration of land and property attached to land and issuance
of Certificates of LURs and ownership of property attached to land in case of
donation of LURs to the State or residential communities or for expansion of
roads
1. In case a land parcel has been
issued with the Certificate, the following regulations shall be complied with:
a) The land user shall submit a
document on donation of LURs or minutes of meeting between the representative of
the village, hamlet, sub-quarter or residential area and the land user about
the donation of LURs and original of the issued Certificate to the People’s
Committee of the commune where land exists.
In case there is a minutes of
meeting between the communal People’s Committee and the land user about the
donation of LURs, the land user only submits the original of the issued
Certificate to the People’s Committee of the commune where land exists.
b) The communal People’s Committee
shall transfer the document on donation of LURs enclosed with the issued
Certificate to the Land Registration Office;
c) The Land Registration Office
shall carry out cadastral surveying and mapping or cadastral map measurement
extraction, certify the change in the issued Certificate or issue a new
Certificate of LURs and ownership of property attached to land in case of
donation of part of the land parcel area.
If the land user donates the entire
parcel area issued with the Certificate, the issued Certificate shall be
revoked for management;
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2. In case a land parcel has yet to
be issued with the Certificate, the following regulations shall be complied
with:
a) The land user shall submit a
document on donation of LURs or minutes of meeting between the representative
of the village, hamlet, sub-quarter or residential area and the land user about
the donation of LURs to the People’s Committee of the commune where land
exists.
In case there is a minutes of
meeting between the communal People’s Committee and the land user about the
donation of LURs, the land user is not required to submit the document
specified in this point;
b) The communal People’s Committee
shall transfer the document on donation of LURs enclosed with the
district-level land authority;
c) The district-level land
authority shall conduct cadastral surveying, make corrections to the cadastral
map or carry out cadastral map measurement extraction;
d) For remaining area (if any) of
the land parcel, the land user or owner of property attached to land shall
follow procedures for registration of land and property attached to land as
prescribed in Articles 28, 31 and 32 of this Decree; if the land user wishes to
obtain the Certificate of LURs and ownership of property attached to land, they
shall follow procedures for issuance of the Certificate of LURs and ownership
of property attached to land as prescribed in Article 36 of this Decree.
Article 41.
Procedures for registration of land and property attached to land and issuance
of the Certificate of LURs and ownership of property attached to land to a
receiver of LURs or ownership of a house, construction work under a real estate
project
1. Within the time limit prescribed
by the law on housing and law on real estate business, the project investor
shall submit 01 application to the receiving authority specified in clause 1
Article 21 of this Decree. If the application is received by the authority
specified in point a clause 1 Article 21 of this Decree, it will be transferred
to the Land Registration Office. The application is composed of:
a) A document issued by the
authority competent to manage houses and construction works certifying that the
house, construction work or construction work item eligible to be put into use
as per the law on construction;
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c) An application form for
registration of change to land or property attached to land which is made using
the Form No. 11/DK enclosed with this Decree by the receiver of LURs or
ownership of the house, construction work or construction work item;
d) A contract for conveyance of
LURs or ownership of the house, construction work or construction work item as
prescribed by law;
dd) A record on transfer of the
house, construction work or construction work item;
e) The Certificate issued to the
project investor;
g) A document evidencing the
fulfillment of financial obligations in case the Land Registration Office
receives a competent authority’s document stating that the detailed
construction planning has been adjusted giving rise to financial obligations of
the project as prescribed by law.
2. In case the receiver of LURs or
ownership of the house, construction work or construction work item directly
follows the procedures for registration of LURs and property attached to land
and issuance of Certificate of LURs and ownership of property attached to land,
the application shall be submitted the receiving authority specified in clause
1 Article 21 of this Decree; in case the application is received by the
authority specified in point a clause 1 Article 21 of this Decree, it will be
transferred to the Land Registration Office. The application consists of the
documents specified in clause 1 of this Article or the documents specified in
points c, d and dd clause 1 of this Article.
3. The Land Registration Office
shall:
a) Inspect the adequacy of the
documents as specified in clauses 1 and 2 of this Article.
In case the receiver of LURs or
ownership of the house, construction work or construction work item directly
follows the procedures for registration of LURs and property attached to land
and issuance of Certificate of LURs and ownership of property attached to land
but the investor has yet to submit the documents specified in clause 1 of this
Article and the application submitted by the receiver only consists of the
documents specified in points c, d and dd clause 1 of this Article, the Land
Registration Office shall, within 03 working days, request the investor to
provide the documents specified in points a, b, e and g clause 1 of this
Article;
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c) Update and correct the cadastral
records and land database;
d) Issue the Certificate of LURs
and ownership of property attached to land to the receiver of LURs or ownership
of the house, construction work or construction work item; certify the change
in the Certificate issued to the investor, including information about the area
over which the use rights are shared with another person which will be
corrected to make a switch to the form of common use;
dd) Hand over the Certificate of
LURs and ownership of property attached to land or transfer the Certificate to
the project investor that will hand over it to the applicant in case the
project investor submits the application to follow the procedures.
Article 42.
Procedures for registration of land and property attached to land and
issuance of the Certificate of LURs and ownership of property attached to land
in case LURs have been conveyed but the procedures for disposition have not
been followed as prescribed
1. Where a person is using land
acquired through LURs disposition in contravention of regulations of law in the
following circumstances and signatures of related parties have been appended
but he/she is yet to be granted a Certificate and not specified in clause 2 of
this Article, such person shall follow procedures for initial registration of
land and issuance of the Certificate of LURs and ownership of property attached
to land in accordance with the law on land and this Decree without having to
follow procedures for conveyance of LURs; the receiving authority shall not
request the receiver of LURs submit the contract or document on conveyance of
LURs as prescribed by law, except for the document on receipt of LURs specified
in point d clause 1 Article 28 of this Decree:
a) He/she used land acquired
through LURs disposition before July 01, 2014 but failed to have the document
on LURs specified in Article 137 of the Law on Land is unavailable;
b) He/she used land acquired
through LURs disposition before August 01, 2024 and has had the document on
LURs specified in Article 137 of the Law on Land;
c) He/she used land acquired
through disposition of LURs of the LURs inheritor as specified in clause 4
Article 137 of the Law on Land;
2. Where a person is using a land
parcel acquired through disposition of LURs before August 01, 2024 and such
parcel has been issued with the Certificate and the receiver of LURs through
disposition only has the Certificate issued to the parcel and the document on
receipt of LURs through disposition or only has the contract or document on
LURs disposition created as prescribed, he/she shall comply with the following
regulations:
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In case of receipt of LURs through
disposition without a prescribed contract or document, the following shall be
submitted: an application form for registration of change to land or property
attached to land, original of the issued Certificate and document on
disposition of LURs bearing all signatures of the disposing party and the
receiver;
b) The Land Registration Office
shall notify the disposing party and the People's Committee of the commune
where land exists in writing of the completion of procedures for issuance of
the Certificate of LURs and ownership of property attached to land to the
receiver.
If the address of the person
disposing LURs is unknown, the Land Registration Office shall publish an
announcement in the local mass media for 03 consecutive issues, the expenses
for publishing the announcement shall be paid by the applicant for issuance of the
Certificate LURs and ownership of property attached to land;
c) 30 days after the date of
notification or first announcement in the local mass media, if there is no
petition for dispute settlement, the Land Registration Office shall issue the
Certificate LURs and ownership of property attached to land to the receiver; if
the disposing party fails to submit the issued Certificate, the issued
Certificate shall be invalidated.
If there is a petition for dispute
settlement, the Land Registration Office shall instruct parties to submit the
petition to a competent authority as prescribed.
Article 43.
Procedures for registration of land in case of transfer a real estate project
1. The applicant for registration
shall submit 01 application to the receiving authority specified in clause 1
Article 21 of this Decree. If the application is received by the authority
specified in point a clause 1 Article 21 of this Decree, it will be transferred
to the Land Registration Office. The application is composed of:
a) An application form for
registration of change to land or property attached to land, which is made
using the Form No. 05/DK or application form for registration of change to land
or property attached to land, which is made using the Form No. 11/DK enclosed
with this Decree in case the area of land for the project has been granted the
Certificate;
b) The Certificate issued to the
project transferor; in case of a change to the financial obligations, a
document evidencing the fulfillment of financial obligations for such change
(except cases where financial obligations are exempted or may be delayed as
prescribed by law).
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c) A written permission for
transfer of the project or part of the project granted by the competent
authority;
d) A contract for transfer of the
project or part of the project as prescribed by law;
dd) A land subdivision or
consolidation drawing, which is made using the Form No. 02/DK enclosed with
this Decree in the case where part of the project is transferred and the LURs
for execution of the project have been certified;
e) A piece of cadastral map
measurement extract in the case where part of the project is transferred and
the LURs for execution of the project are yet to be certified, which has been
approved by the Land Registration Office as prescribed in point a clause 5
Article 9 of this Decree.
2. In case the project transferee
is not a foreign-invested economic organization and land for execution of the
project has been certified, the Land Registration Office shall perform the
tasks specified in clause 3 Article 37 of this Decree.
3. In case the project transferee
is not a foreign-invested economic organization and land for execution of the
project has not been certified, comply with the following regulations:
a) Send the information sheet for
determination of land-related financial obligations which is made using the
Form No. 12/DK enclosed with this Decree to the tax authority so as for it to
determine and notify the financial obligations;
b) After receiving the tax authority’s
notification of fulfillment of financial obligations, the Land Registration
Office shall complete the application and submit it to the provincial land
authority;
c) The provincial land authority
shall request the provincial People’s Committee to sign Certificate of LURs and
ownership of property attached to land or sign the Certificate of LURs and
ownership of property attached to land if authorized, and transfer the
application to the Land Registration Office;
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4. In case the project transferee
is a foreign-invested economic organization, the registration of land shall be
shall be done while following procedures for land allocation or land lease
according to the Decree elaborating some Articles of the Law on Land.
Article 44.
Handling of the case where an individual or household has a land parcel of
which an area was certified as residential land before July 01, 2004 and the
remaining area has not been certified
1. A land user shall be issued with
the Certificate of LURs and ownership of property attached to land for the
entire area of the land parcel in use as follows:
a) In case the land user had a
document on LURs specified in Article 137 of the Law on Land at the time of
issuance of the Certificate, the residential land area shall be determined
according to the issued Certificate; in case the land user wishes the
residential land area to be re-determined as prescribed in clause 6 Article 141
of the Law on Land, the remaining area shall be determined according to points
a, b and c clause 4 Article 141 of the Law on Land;
b) In case the land user failed to
have a document on LURs specified in Article 137 of the Law on Land at the time
of issuance of the Certificate, the residential land area shall be determined
according to the issued Certificate and the remaining area shall be determined
according to points a, b and c clause 4 Article 141 of the Law on Land.
2. An application for issuance of
the Certificate of LURs and ownership of property attached to land as specified
in clause 1 of this Article includes:
a) An application form for
registration of change to land or property attached to land, which is made
using the Form No. 11/DK enclosed with this Decree;
b) The issued Certificate.
3. Procedures for registration of
land or property attached to land and issuance of the Certificate of LURs and
ownership of property attached to land:
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b) The receiving authority shall
issue an application receipt and appointment note to the land user or owner of
property attached to land.
If the application is received by
the authority specified in point a clause 1 Article 21 of this Decree, it will
be transferred to the Land Registration Office.
4. The Land Registration Office
shall:
a) Perform the task specified in
point b clause 3 Article 37 of this Decree; collect opinions of the People's
Committee of the commune where land exists about the current use of land and
status of land disputes;
b) In case land is dispute-free and
the land user fails to have a document on LURs specified in Article 137 of the
Law on Land or has a document on LURs specified in Article 137 of the Law on
Land but does not wish the residential land area to be re-determined, the Land
Registration Office shall send the information sheet for determination of
land-related financial obligations according to the Form No. 12/DK enclosed
with this Decree to the tax authority so as for it to determine and notify the
financial obligations to the land user.
After receiving the tax authority’s
notification of fulfillment of financial obligations, the Land Registration
Office shall issue the Certificate of LURs and ownership of property attached
to land for the entire area of the land parcel as prescribed in clause 1 of
this Article;
c) In case the land user wishes the
residential land area to be re-determined as prescribed in clause 6 Article 141
of the Law on Land, the Land Registration Office shall examine the previous
application for issuance of the Certificate; if it is eligible for
re-determination, the application specified in clause 2 of this Article and the
previous application for issuance of the Certificate shall be transferred to
the district-level land authority for its performance of the tasks specified in
clause 5 of this Article.
5. The district-level land
authority shall:
a) Determine the area and type of
land as specified in points a, b and c clause 4 and clause 6 Article 141 of the
Law on Land;
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c) After receiving the tax
authority’s notification of fulfillment of financial obligations, the
district-level land authority shall request the district-level People’s
Committee to sign the Certificate of LURs and ownership of property attached to
land; transfer the application and issued Certificate of LURs and ownership of
property attached to land to the Land Registration Office which will make
corrections and update changes to the cadastral records and land database and
hand over the Certificate of LURs and ownership of property attached to land to
the applicant.
Article 45.
Procedures for correction of the issued Certificate
1. An application shall be
submitted as follows:
a) Where the competent authority
specified in Article 136 of the Law on Land detects an error in the issued
Certificate, it shall notify the Certificate holder and request such holder to
surrender the original of the issued Certification for correction;
b) Where the Certificate holder
detects an error in the initially issued Certificate, the application specified
in clause 2 of this Article shall be submitted to the receiving authority
specified in point a clause 1 Article 21 of this Decree. The receiving
authority shall issue an application receipt and appointment note to the
applicant and transfer the application to a land authority;
c) Where the Certificate holder
detects an error in the issued Certificate upon following procedures for
registration of change to land or property attached to land, the application
specified in clause 2 of this Article shall be submitted to the receiving
authority specified in point a clause 1 Article 21 of this Decree. The
receiving authority shall issue an application receipt and appointment note to
the applicant. If the application is received by the authority specified in
point a clause 1 Article 21 of this Decree, it will be transferred to the Land
Registration Office.
2. In
case the land user or owner of property attached to land detects an error in
the issued Certificate, an application submitted upon following procedures for
correction of such issued Certificate includes:
a) An
application form for registration of change to land or property attached to
land, which is made using the Form No. 11/DK enclosed with this Decree;
b) An
original of the issued Certificate;
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d) Where the land user or owner of
property attached to land completes procedures through a legal representative
in accordance with regulations of law on civil law, a document on the
representation in accordance with regulations of civil law is required.
3. Where there is any error in the
initially issued Certificate, the land authority shall:
a) Notify it to the Land
Registration Office which will transfer the application for issuance of the
Certificate to the land authority;
b) Inspect the application and make
a written record of conclusions on the error and causes of the error;
c) Submit the application to the
competent authority specified in clause 1 Article 136 of the Law on Land for
its determination of the corrections in the issued Certificate or issuance of a
new Certificate of LURs and ownership of property attached to land.
d) Transfer the application to the
Land Registration Office so as for it to make corrections and update changes to
the cadastral records and land database; hand over the Certificate of LURs and
ownership of property attached to land or send it to the receiving authority
which will hand over it to the applicant.
4. Where there is any error in the
issued Certificate upon following procedures for registration of change to land
or property attached to land, the Land Registration Office shall:
a) Check and make a written record
of conclusions on the error and causes of the error;
b) Certify the corrections in the
issued Certificate or issue a new Certificate of LURs and ownership of property
attached to land;
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Article 46.
Procedures for revocation and invalidation of issued Certificates and issuance
of Certificates of LURs and ownership of property attached to land after
revocation of issued Certificates
The revocation or invalidation of
an issued Certificate or issuance of a Certificate of LURs and ownership of
property attached to land after revocation of the issued Certificate in the
cases specified in clauses 2, 5, 6 and 7 Article 152 of the Law on Land shall
be done as follows:
1. Where the State expropriates
land as prescribed in Articles 78, 79, 81 and 82 of the Law on Land:
a) A land user or owner of property
attached to land shall submit the issued Certificate to the unit or
organization in charge of compensation, assistance and resettlement in
accordance with the law on land or the authority specified in the land
expropriation decision;
b) The Land Registration Office
shall receive the Certificate of the land user or owner of property attached to
land from the authority or unit mentioned in point a of this clause according
to the land expropriation decision.
Where the State expropriates the
entire area of the land parcel written on the Certificate, cadastral records
and land database shall be updated and corrected.
In case the State expropriates an
area of the land parcel written on the Certificate or the Certificate is issued
to multiple land parcels but the State expropriates one or more land parcels,
certify this in the issued Certificate or issue a new Certificate of LURs and
property attached to land for the remaining area or remaining land parcels if
the land user or owner of property attached to land so requests; hand over the
Certificate of LURs and property attached to land to the applicant; update and
correct cadastral records and land database.
2. The revocation of the issued
Certificate as specified in points a, b and c clause 3 Article 152 of the Law
on Land, the competent authority specified in Article 136 of the Law on Land
shall decide to revoke the issued Certificate; the Land Registration Office
shall update and correct cadastral records and land database.
3. In case a land user or owner of
property attached to land finds that the Certificate has been issued in
contravention of regulations of law on land specified in point d clause 3
Article 152 of the Law on Land, they shall satisfy the following regulations:
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b) The receiving authority shall
issue an application receipt and appointment note to the applicant and transfer
the application to the competent authority specified in Article 136 of the Law
on Land for inspection, consideration and decision on revocation of the issued
Certificate or issuance of the Certificate of LURs and property attached to
land according to clause 9 of this Article, direct or carry out the updating
and correction of cadastral records and land database.
4. The revocation of the
Certificate specified in points dd and e clause 2 and clause 5 Article 152 of
the Law on Land shall be done as follows:
a) For the initially issued Certificate,
the competent authority specified in clause 1 Article 136 of the Law on Land
shall issue a revocation decision and transfer it to the Land Registration
Office so as for the latter to revoke the issued Certificate, update and
correct cadastral records and land database;
b) For the issued Certificate, upon
completing the procedures for registration of change to land or property
attached to land, the competent authority specified in clause 2 Article 136 of
the Law on Land shall issue a revocation decision, update and correct cadastral
records and land database.
5. The Land Registration Office
shall manage the Certificate in the case where such Certificate is revoked as
prescribed in clause 2 and clause 5 Article 152 of the Law on Land.
6. Regarding the cases of
Certificate revocation as specified in clauses 1, 2 and 4 of this Article, if
the land user or owner of property attached to land disagrees with the
settlement by the competent agency, they may file a complaint in accordance
with the law on complaints or a lawsuit at a People’s Court in accordance with
the law on administrative procedures.
7. In the case where multiple land
parcels are granted 01 Certificate but one or more parcels fall into any of the
cases of Certificate revocation specified in points d, dd and e clause 2 and
clause 5 Article 152 of the Law on Land, the issued Certificate shall be
revoked and the Certificate of LURs and ownership of property attached to land
shall be issued to these parcels in accordance with law; the Certificate issued
to the parcels shall be replaced with the Certificate of LURs and ownership of
property attached to land as per the law. The issuance of the Certificate of
LURs and ownership of property attached to land as prescribed in this shall be
done as prescribed in clause 9 of this Article.
8. In case the Certificate is
revoked as prescribed in clauses 2 and 5 Article 152 of the Law on Land but the
land user or owner of property attached to land fails to submit the
Certificate, the Certificate shall be invalidated as follows:
a) For the initially issued
Certificate, the land authority shall request the competent authority specified
in clause 1 Article 136 of the Law on Land to decide to invalidate the issued
Certificate;
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c) In the case specified in point
dd clause 2 Article 152 of this Decree, the regulations set out in point d of
this clause shall be complied with;
d) The Land Registration Office
shall update and correct cadastral records and land database; make a list of
invalidated Certificates to the provincial land authority and Ministry of
Natural Resources and Environment for public disclosure thereof on their
websites.
9. The issuance of a Certificate of
LURs and ownership of property attached to land after revocation of the
Certificate as specified point d clause 2 Article 152 of the Law on Land shall
be done as follows:
a) In case the revoked Certificate
is the initially issued Certificate, the Land Registration Office shall
transfer the application for issuance of the Certificate to a land authority.
The land authority shall inspect
the application and re-determine the information specified in point d clause 2
Article 152 of the Law on Land in accordance with the law on land at the time
of issuing the Certificate; prepare an application so as for the competent
authority specified in clause 1 Article 136 of the Law on Land to issue the
Certificate of LURs and ownership of property attached to land; transfer the
processed application to the Land Registration Office for its performance of
the tasks specified in point dd of this clause;
b) In case the revoked Certificate
is the Certificate issued in case of registering a change to land or property
attached to land, the Land Registration Office shall inspect the previous
application for issuance of the Certificate to re-determine the information
specified in point d clause 2 Article 152 of the Law on Land in accordance with
the law on land at the time of issuing the Certificate; issue Certificate of
LURs and ownership of property attached to land under the authority prescribed
in clause 2 Article 136 of the Law on Land and perform the task prescribed in
point dd of this clause;
c) The land authority and Land
Registration Office shall not re-determine other information on the Certificate
which was created by a competent authority in conformity with regulations of
law;
d) For the Certificate which is
issued in contravention of regulations of law through the issuing authority’s
fault, the financial obligations shall be determined according to the policy on
collection of land levy and land rent at the time of issuing the previous
Certificate; if it is through the land user’s fault, the financial obligations
shall be determined according to the policy on collection of land levy and land
rent at the time of issuing the Certificate of LURs and ownership of property attached
to land;
dd) The Land Registration Office
shall correct cadastral records and land database; hand over the Certificate of
LURs and ownership of property attached to land or transfer it to the receiving
authority which will hand over it to the applicant.
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Article 47.
Invalidation of results of registration of change on issued Certificates
1. A result of land change
registration carried out by the Land Registration Office in accordance with
regulations of law will be invalidated only when the Land Registration Office
receives a document from the following competent authorities:
a) An effective judgment or
decision of the Court, which involves the decision on partial or full
invalidation of the land registration result;
b) A decision of the competent
authority on settlement of land-related dispute, complaint or denunciation,
which involves partial or full invalidation of the land registration result;
c) A decision or award of the
Vietnam’s commercial arbitration center on the settlement of the dispute
between parties that arise from commercial activities related to land, which
involves partial or full invalidation of the land registration result.
2. The Land Registration Office
shall:
a) Notify the land user or owner of
property attached to land and related parties in writing of the invalidation of
registration result. The written notification must explicitly state the bases
for invalidation of the registration result and state that the person who is
having custody of the Certificate is requested to surrender it to the Land
Registration Office for invalidation of the registration result.
In case the Certificate is not
surrendered, the registration result shall still be invalidated;
b) Issue the Certificate of LURs
and ownership of property attached to land or certify the change in the issued
Certificate according to the details of invalidation of change registration
result;
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3. In case the result of land
change registration has been invalidated but the Land Registration Office
receives a document on restoration of validity of land change registration
result from the competent authority specified in clause 1 of this Article, the
Land Registration Office shall perform the following tasks:
a) Notify the land user or owner of
property attached to land and related parties in writing of the restoration of
validity of registration result; the written notification must explicitly state
the bases for restoration of validity of registration result and state that the
person who is having custody of the Certificate is requested to surrender it to
the Land Registration Office for restoration of validity of registration
result.
In case the Certificate is not
surrendered, the validity of registration result shall still be restored;
b) Perform the tasks mentioned in
points b and c clause 2 of this Article.
4. In case the result of land
change registration is invalidated as prescribed in clause 2 of this Article
but the Certificate is yet to contain the invalidated content and the Land
Registration Office receives a document on restoration of validity of land
change registration result from the competent authority specified in clause 1
of this Article, the Land Registration Office shall send a written notification
to the land user, owner of property attached to land, person having custody of
the Certificate and related parties that the result of land change registration
written on the Certificate remains unchanged or is not invalidated.
Section 5.
REGISTRATION OF LAND AND PROPERTY ATTACHED TO LAND AND ISSUANCE OF CERTIFICATES
OF LURs AND OWNERSHIP OF PROPERTY ATTACHED TO LAND BY ELECTRONIC MEANS
Article 48.
Initial registration of land and property attached to land by electronic means
1. An online application for
initial registration of land or property attached to land includes
authenticated electronic versions of or data showing adequate required
documents of an application prescribed in Article 28 of this Decree.
2. The initial registration of land
and property attached to land by electronic means shall comply with regulations
of law on land and law on e-transactions.
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a) A land user or owner of property
attached to land or person assigned to manage land shall fill in the online
application form for registration of land or property attached to land on the
National Public Service Portal or Provincial Public Service Portal;
b) The application receiving system
of the National Public Service Portal or Provincial Public Service Portal gives
a response to the applicant via the Public Service Portal or email or other
electronic means;
c) The authority handling
procedures for registration of land or property attached to land shall inspect
the application and handle administrative procedures according to Articles 31
through 36 of this Decree;
d) The authority handling
procedures for registration of land or property attached to land shall send
results of handling of administrative procedures to the land user, owner of
property attached to land or person assigned to manage land according to
clauses 5 and 6 Article 21 of this Decree.
Article 49.
Registration of change to land and property attached to land and issuance of
Certificates of LURs and ownership of property attached to land by electronic
means
1. An online application for
registration of a change to land or property attached to land or issuance of
the Certificate of LURs and ownership of property attached to land includes
authenticated electronic versions of or data showing adequate required
documents of an application prescribed in Article 29 and Article 30 of this
Decree.
2. Procedures for registration of a
change to land or property attached to land or issuance of the Certificate of
LURs and ownership of property attached to land by electronic means are as
follows:
a) A land user or owner of property
attached to land or person allocated land for management shall fill in the
online application form for registration of change to land or property attached
to land and enclose the application for registration of change to land or
property attached to land on the National Public Service Portal or Provincial
Public Service Portal;
b) The application receiving system
of the National Public Service Portal or Provincial Public Service Portal gives
a response to the applicant via the Public Service Portal or email or other
electronic means;
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d) The authority handling
procedures for registration of land or property attached to land shall send
results of handling of administrative procedures to the land user or owner of
property attached to land according to clauses 5 and 6 Article 21 of this
Decree.
Article 50.
Electronic Certificates of LURs and ownership of property attached to land
1. An electronic Certificate of
LURs and ownership of property attached to land is an authenticated electronic
document in the National Land Information System and has the same legal value
as the physical Certificate of LURs and ownership of property attached to land.
2. Electronic Certificates of LURs
and ownership of property attached to land shall be managed in a centralized
and uniform manner in the National Land Information System nationwide.
3. Each provincial People’s
Committee shall organize online issuance of nationwide Certificates of LURs and
ownership of property attached to land when satisfying the conditions
concerning software, information technology (IT) infrastructure and information
security and other conditions under regulations of law on e-transactions.
Chapter IV
CREATION, MANAGEMENT, OPERATION AND EXPLOITATION OF
NATIONAL LAND INFORMATION SYSTEM
Article 51.
Activities in service of creation, management, operation and exploitation of
National Land Information System
1. Promulgate regulations and
mechanisms for creation, management, operation and exploitation of the National
Land Information System.
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3. Design, upgrade and maintain
software of the National Land Information System.
4. Build and update national land
databases; manage, connect and share national land databases.
5. Store and keep confidentiality
of information, ensure information security and cybersecurity of the National
Land Information System.
6. Inspect, examine and supervise
the compliance with regulations of law on creation, management, operation,
exploitation and use of the National Land Information System.
7. Manage services upon setting up
and providing IT infrastructure and software services, building databases and
providing value-added products and services using information from land
databases and land information system.
8. Provide guidance and provide land-related
online public services and e-transactions.
9. Provide training and refresher
training in, and improve capacity for creation, management, operation and
exploitation of the National Land Information System.
10. Other activities according to
regulations of law.
Article 52.
Creation, updating and management of national land databases
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a) The central land database
includes land data updated by central authorities and data from provincial
databases that are integrated into the central database;
b) The provincial databases include
land data updated by local authorities within provinces.
2. National land databases are
created, connected and shared in conformity with the National Digital
Enterprise Architecture Framework, standards and technical regulations
applicable to national land databases.
3. The creation of national land
databases must ensure completeness, accuracy and consistency with land
management records and documents approved, signed and confirmed by competent
authorities in accordance with law.
4. National land databases contain
data for storage and sharing according to Government’s regulations on
management, connection and sharing of digital data of regulatory bodies,
including master data, open data, data on shared lists, data on numeric
addresses of land parcels and property attached to land and connected and
shared data.
a) Master data is data containing
the most basic information about land and serving as a basis to refer to and
synchronize land data with other national databases, databases of ministries,
ministries, central and local authorities;
b) Open data is land data which is
publicly disclosed to agencies, organizations and individuals for use, re-use
or exchange at their own discretion and free of charge. Agencies, organizations
and individuals are free to access and use open data without having to enter
their ID numbers upon exploitation and use.
c) Data on shared lists is data on
lists and classification codes in the field of land which are promulgated by
competent authorities and shared within information systems and databases,
ensuring synchronous and consistent integration and exchange of data;
d) Data on numeric addresses of
land parcels and property attached to land is a collection of information about
locations, coordinates and other related information of land parcels or
property attached to land to serve the purpose of determining locations of land
parcels and property attached to land by electronic means;
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5. Regarding the database of
legislative documents on land specified in clause 1 Article 165 of the Law on
Land, it is connected and exchanged with the national database of legal
documents for exploitation and use.
6. Regarding the database of
inspection, examination, citizen reception, resolution of land-related
disputes, complaints and denunciations specified in clause 1 Article 165 of the
Law on Land, it is connected and exchanged with the database of inspection and
examination and database of complaints and denunciations for exploitation and
use as prescribed.
7. National land databases must be
updated regularly, ensuring the legality, accuracy and uniqueness of subjects,
completeness and timeliness in the process of handling land-related
administrative procedures through the software of the National Land Information
System; in cases where there are changes or fluctuations in information and
data approved by competent authorities but not related to the completion of
land-related administrative procedures by land users and owners of property
attached to land, it is necessary to update, correct and add them to national
land databases.
8. The Minister of Natural
Resources and Environment shall elaborate technical process for creating
national land databases.
Article 53.
Numeric addresses of land parcels and property attached to land
1. Data on numeric addresses of
land parcels and property attached to land includes data on geographic locations
and attribute data stored in national land databases to serve as a basis for
referring to, connecting and exchanging land data with databases of ministries,
central and local authorities.
2. Information about a numeric
addresses of a land parcel or property attached to land includes:
a) Code of the numeric address: A
collection of numeric characters for identification of the object (land parcel,
property attached to land) assigned a unique numeric address nationwide;
b) Name or identification sign of
the object: Name or description of characteristics, identification sign of the
object assigned a numeric address;
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d) Geographic location: location
coordinate of the object assigned a numeric address;
dd) Other related information
fields: full name, identification number, mobile phone number, email, etc. of
the user of land or owner of property attached to land assigned the numeric
address.
3. The Ministry of Natural
Resources and Environment shall create data on numeric addresses of land
parcels and property attached to land, provide and exchange them with the
Ministry of Public Security which will create and update the integrated
national database.
Article 54.
Connection and exchange of national land databases
1.
National land databases are synchronized with and updated to the National Data
Center and connected with other national databases, databases of ministries,
central and local authorities to exchange land information and data to serve
activities of regulatory bodies, handling and simplification of administrative
procedures for the people and enterprises in accordance with regulations of law
on management, connection and exchange of digital data of regulatory bodies.
2. Land
information and data are exchanged through services on the National Data
Exchange Platform (NDXP), data exchange platform of the Ministry of Natural
Resources and Environment and Local Government Service Platform (LGSP) on which
regulations on the National Digital Enterprise Architecture Framework are
imposed and other exchange platforms as prescribed by law. Technical standards
applicable to land information and data exchange services are specified under
regulations on connection of national database with other information systems
and databases.
3. Other
national databases, and databases of ministries, ministries, central and local
authorities will be connected with national land databases if the following
conditions are met:
a) Satisfy
connection standards and comply with regulations and technical guidance on data
exchange, regulations on management, connection and exchange of digital data of
regulatory bodies;
b) Satisfy
regulations on assurance security and confidentiality of information,
regulations on intellectual property rights related to data and right to
privacy of organizations and individuals.
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5.
People’s Committees of provinces and central-affiliated cities shall preside
over managing, connecting and exchanging land databases of local authorities
with databases of local departments according to the Government’s regulations
on management, connection and exchange of digital data of regulatory bodies.
Article 55.
Land-related online public services
1. Land-related online public
services shall be rendered through the National Public Service Portal, Public
Service Portal of the Ministry of Natural Resources and Environment and
provincial public service portals.
2. Agencies in charge of managing
public service portals shall determine and promulgate regulations on
e-identification and e-authentication of subjects participating in online
public service transactions on public service portals and comply with
regulations of law on e-identification and e-authentication.
3. The Ministry of Natural
Resources and Environment shall publicly disclose the list of land-related
online public services, wholly online public services and partially online
public service for agencies, organizations and individuals’ information.
4. According to specific conditions
concerning IT infrastructure and land databases under their management,
agencies receiving dossiers and returning results of handling of land-related
administrative procedures shall organize the online receipt of dossiers and
return of results of handling of administrative procedures according to
Government’s regulations.
5. The electronic connection and
exchange of data and electronic connection among agencies for handling of
administrative procedures shall comply with regulations of law on online
handling of administrative procedures and law on implementation of
single-window system within a regulatory body and single-window system that
involves multiple regulatory bodies.
Article 56.
Land-related e-transactions
1. Land-related e-transactions
include land-related transactions conducted by electronic means through an
information system serving e-transactions. A land-related e-transaction shall
be conducted when the conditions allowing parties to conduct transactions
according to regulations of law on e-transactions are met.
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Article 57.
Assurance of safety and regime for ensuring confidentiality of land information
and data
1. The National Land Information
System must satisfy requirements for ensuring information system safety in
accordance with regulations of law on assurance of information system safety by
classification approved by competent authorities and other relevant regulations
of law.
2. The Ministry of Natural
Resources and Environment is the authority managing the National Land
Information System and responsible for directing, expediting and organizing the
assurance of information security and information safety by classification;
annually direct the inspection and assessment of Information security and
drills for response to the system; direct the provision of training and
refresher training, dissemination of information on and improvement of
awareness of information system for system users.
3. The unit in charge of IT
affiliated to the Ministry of Natural Resources and Environment shall advise
on, organize, expedite, inspect and supervise the assurance of information
safety by classification.
4. The unit operating the National
Land Information System shall determine the classification and ensure
information safety by classification; prepare applications to register the
National Land Information System in the List of information systems of national
security significance; periodically assess effectiveness of measures to ensure
information safety and propose appropriate adjustments; cooperate with
competent units and authorities in carrying out assessment and supervision and
responding to emergencies as prescribed.
5. The regime for ensuring confidentiality of land
information and data shall be implemented according to regulations of law on
protection of state secrets. The list of land-related state secrets are
specified under the Prime Minister’s Decision on promulgation of list of state
secrets in the field of natural resources and environment.
Article 58.
Publishing land information and data
1. The National Land Information
Portal is a part of the National Land Information System and used to publish,
share and provide services to exploit and use land information and data from
national land databases. The Department of Land
Registration and Information Database and Ministry of Natural
Resources and Environment shall publish the following information and data on
the National Land Information Portal:
a) Lists of information and data on
national land databases;
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c) Open data of national land
databases.
2. Each provincial People’s Committee
shall publish the following information and data on its website or website of
Department of Natural Resources and Environment:
a) Lists of information and data on
provincial land databases;
b) Information about land use plans
and plannings; published land price lists; information about land-related
administrative procedures; legislative documents on land;
c) Open data on provincial land
databases;
3. The publishing of lists of land
information and data shall comply with regulations on protection of state
secrets in the field of land and other relevant regulations of law.
Article 59.
Methods of exploiting and using land information and data
Land information and data shall be
exploited and used by adopting the following methods:
1. Online on the National Land
Information Portal, National Public Service Portal, Public Service Portal of
the Ministry of Natural Resources and Environment or provincial public service
portal, via SMS, web services and API; via utilities and applications for
creation of products and added value from national land databases according to
regulations.
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3. Other methods according to
regulations of law.
Article 60.
Procedures for providing land information and data
1. Any organization or individual
that wishes to exploit land information and data in person shall submit a
request form according to the Form No. 13/DK enclosed with this Decree or a
written request to the agency providing land information and data or a
contract. Land information and data shall be only used for their intended
purposes stated in the request form or written request or contract and shall
not be provided for other purposes.
2. The request form or written
request or contract shall be submitted by adopting any of the following
methods:
a) On the National Public Service
Portal, Public Service Portal of the Ministry of Natural Resources and
Environment, provincial public service portal;
b) In person or via an official
dispatch, telegram or postal service;
c) By other electronic means
according to regulations of law.
3. Each agency providing land
information and data shall receive, process and notify fees and prices of
products and services for provision of land information and data for
organizations and individuals. In case of refusal to provide information and
data, a written response specifying the reason therefor shall be given to the
organization or individual requesting land information and data within 02
working days from the date of receiving the request.
4. After an organization or
individual makes payment for land information-related products and services,
the agency providing land information and data shall provide land information
and data as requested.
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a) For information or data
available on national land databases, land information or data must be provided
within the working day. If the request is received after 15:00, land
information or data must be provided in the next working day;
b) For information or data
unavailable on national land databases, the agency providing land information
and data shall, within 03 working days from the date on which a valid request
is received, provide land information or data or send a notification of the
extension of the time limit for providing land information or data to the
organization or individual requesting land information or data.
In case time is needed to consider,
search, gather, consolidate or analyze land information or data or collect
comments from related agencies or units, the time limit may be extended by up
to 15 working days;
c) In case the providing land
information and data and the organization or individual reach an agreement on
the exploitation and use of land information or data, the time limit for
providing such land information or data shall be determined under the
agreement.
6. Agencies providing land
information and data
a) The central agency providing
land information and data is the Land Data and Information Center affiliated to
the Department of Land Registration and Information
Database - Ministry of Natural Resources and Environment.
b) The local agency providing land
information and data is the Land Registration Office. For a local government
that is yet to establish a land database, the Land Registration Office and
communal People’s Committee shall provide land information and data obtained
from cadastral records under the decentralized authority to manage cadastral
records.
Chapter IV
CREATION, MANAGEMENT, OPERATION AND EXPLOITATION OF
NATIONAL LAND INFORMATION SYSTEM
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1. Land information or data is
classified as a state secret as prescribed by law. As information classified as
state secret is declassified, citizens may access it according to regulations
of law on access to information and regulations of this Decree.
2. Any land information or data is
detrimental to the State’s interests or adversely affects national defense,
national security, international relations, social order and safety as
prescribed by law.
3. Information about an land user
or owner of property attached to land is provided without their consent, unless
such information is provided to serve the investigation, enforcement of a civil
judgment, verification and imposition of penalties for violations against the
law and state management by competent authorities.
4. The written request or request
form is invalid as prescribed.
5. Any organization or individual
requests land information or data but fails to pays fees for exploitation and
use of land documents or prices of value-added products and services using
information from national land databases and National Land Information System
as prescribed.
Article 62.
Fees for exploitation and use of land documents or prices of land information
and data services from National Land Information System
1. Fees for exploitation and use of
land documents from the National Land Information System shall comply with regulations
on rates, collection, payment, management and use of fees for exploitation and
use of land documents from the National Land Information System promulgated by
the Ministry of Finance.
In case of exploiting and using
land documents unavailable in the National Land Information System, the fees
for exploitation and use of land documents shall comply with regulations of law
on fees and charges.
2. Prices of services using land
information and data from the National Land Information System as prescribed shall
comply with regulations on prices of value-added products and services using
information from national land databases and National Land Information System
promulgated by the Ministry of Natural Resources and Environment.
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4. The reduction and exemption of
fees for exploitation and use of land documents from the National Land Information
System shall comply with regulations of law on fees and charges.
In case of serving the purposes of
national defense, security and disaster management, reduction and exemption
shall be granted as prescribed by law; exemption shall be granted to ministries,
central and local authorities upon connection and exchange of national land
databases with other national databases and their databases for exchange of
land information and data in support of activities of regulatory bodies,
handling and simplification of administrative procedures for the people and
enterprises according to the Government’s regulations on management, connection
and exchange of digital data of regulatory bodies.
5. Upon exploiting and using land
documents upon request, it is required to pay the fees for exploiting and using
land documents or prices of value-added products and services using information
from national land databases and National Land Information System. The
reduction and exemption of fees and charges for exploitation and use of land
documents shall comply with regulations laid down in clause 4 of this Article.
Article 63.
Responsibilities of agencies, organizations and individuals for providing,
exploiting and using land information and data
1.
Responsibilities of agencies, organizations and individuals for providing land
information and data:
a) Fulfil all responsibilities under regulations of law on
access to information and regulations of law on protection of state secrets;
b) Facilitate the access by organizations and individuals;
have data search tools which are regularly upgraded and improved to be
user-friendly, easy to use and accurate;
c) Ensure data formats satisfy technical regulations for
easy downloading, rapid display, and printing by popular electronic means;
d) Assist organizations and individuals in their access to
the National Land Information System;
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e) In case of suspension of the online provision of related
data and services, publicly disclose this 07 working days in advance, except
for force majeure events;
g) If a person providing information commits one of the
acts specified in Article 11 of the Law on Access to Information and cause
damage, the agency providing land data shall provide compensation and the
person committing the act shall provide reimbursement as per
regulations of law on state compensation liability.
2. Responsibilities of agencies, organizations and
individuals for exploiting and using land information and data:
a) Do not provide the third party with data provided by
competent authorities to them for their exploitation and use with respect to
confidential and restricted information and data as per the law;
b) Promptly notify agencies providing land data of any
errors in the information and data provided;
c) Use
correct usernames and passwords; do not disclose the granted usernames and
passwords. When access is blocked, immediately notify the land information
system managing authority for timely instructions;
d)
Exploit data within the permitted scope, use data for its intended purposes, do
not illegally intrude into land databases;
dd) Do not change, delete, destroy, copy, disclose, display
and illegally move part or whole of the data; do not create or distribute
software, which may destabilize, change or destroy the National Land
Information System.
Article 64.
Responsibility for state management of National Land Information System
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a) Act as an authority managing the
National Land Information System and be responsible to the Government for state
management of the National Land Information System to perform centralized
management and decentralize authority in a uniform manner from central to local
government.
b) Manage national land databases
in a centralized and uniform manner, decentralize management authority to
provincial People’s Committees to manage land databases within their provinces;
c) Preside over and cooperate
relevant authorities in submitting and promulgating legislative documents,
mechanisms and policies on creation, management, operation and exploitation of
the National Land Information System;
d) Organize creation of land
database including data updated by central authorities; integrate local land
databases into national land databases; manage central land databases and land
databases of 63 provinces and cities integrated with the central database;
update results of baseline surveys, data and information related to land of
ministries and central authorities and relevant authorities to national land
databases;
dd) Organize creation, management,
maintenance and upgradation of IT infrastructure at central level and software
of the National Land Information System to ensure that national land databases
are managed and operated in a centralized and uniform manner and the National
Land Information System will be put into operation by 2025;
e) Take responsibility for ensuring
safety and confidentiality of information of the National Land Information
System, take organizational and managerial measures, professional and technical
measures to ensure safety and confidentiality of data and cyberinformation
security; inspect and assess information safety, manage risks and appropriate
measures to ensure information safety;
g) Connect and exchange information
from national land databases with the national public service portal,
information systems, databases of ministries, central and local authorities and
provide land information to organizations and individuals as prescribed by law;
h) Organize and provide public
online services and e-transactions in the field of land in accordance with law;
i) Inspect and examine the
creation, management, operation, exploitation and use of the National Land
Information System;
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l) Build, train and improve
capacity and expertise of cadres, public officials, public employees and
employees to satisfy the requirements for creation, management, operation and
exploitation of the National Land Information System;
m) Provide technical guidance and
assistance to localities using the National Land Information System to manage
local land databases;
n) Provide human resources, and
hire organizations and specialists as prescribed by law to create, manage,
operate and exploit the National Land Information System.
2. Ministries, central authorities and related authorities
shall provide results of baseline surveys, land data and information to the
Ministry of Natural Resources and Environment within 30 days from the date on
which the competent authority accepts them or changes to the accepted results
for updating thereof to national land databases.
3. Ministries and central authorities shall, according to
their assigned functions and tasks and relevant special legislation, connect
and exchange data from national databases and specialized databases under their
management with national land databases. To be specific:
a) The Ministry of Justice shall connect and exchange data
from the national database of legal documents and notarization and
authentication database;
b) The Ministry of Planning and Investment shall connect
and exchange data from the database of plannings and national database of
enterprise registration;
c) The Ministry of Finance shall connect and exchange data
from the database of fees and taxes and other financial data related to land;
d) The Ministry of Public Security shall connect and
exchange data from the national population database;
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e) The Ministry of Agriculture and Rural Development shall
connect and exchange data from the agriculture and forestry database;
g) The Government Inspectorate shall connect and exchange
data from the database of inspection and national database of citizen
reception, processing and settlement of disputes, complaints and feedback;
h) Other ministries and central authorities shall,
according to their assigned functions and tasks, connect and exchange data from
national databases and specialized databases under their management with
national land databases.
4. Provincial People’s Committees
shall:
a) Within the scope of their tasks
and powers, perform state management of the National Land Information System in
their provinces under their authority;
b) Organize creation, updating,
management and operation of land databases in their provinces, connect and
exchange with national land databases by 2025;
c) Direct and inspect the creation,
management, operation, exploitation and use of the National Land Information
System in their provinces;
d) Organize management, operation,
maintenance, upgradation and addition of utilities, provide IT infrastructure
and software in their provinces, line between local and central government and
terminal equipment to service the creation, operation and updating of local
land databases;
dd) Organize the management,
connection and exchange of local land databases with databases of local
departments and provide land information to organizations and individuals as
prescribed by law;
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g) Ensure information system safety
of national land databases within their provinces in accordance with
regulations of law on assurance of information system safety by classification;
h) Build, train and improve capacity
and expertise of cadres, public officials, public employees and employees of
provinces to satisfy the requirements for creation, management, operation,
exploitation and use of the National Land Information System.
Chapter V
IMPLEMENTATION CLAUSE
Article 65.
Transitional clauses
1. If a cadastral surveying project
or work has been approved and commenced before the effective date of this
Decree, its items and products that have been completed and accepted by the
construction unit according to the approved project, technical design and
estimate and construction plan are not required to be adjusted according to
this Decree.
2. Where the issued Certificate
certifies the ownership of planted production forests or ownership of perennial
plants but the land user follows procedures for registration of change to land
or property attached to land and for issuance of a new Certificate of LURs and
ownership of property attached to land or for replacement or r-issuance of the
Certificate of LURs and ownership of property attached to land, the competent
authority specified in clause 2 Article 136 of the Law on Land shall comply
with the regulations laid down in clause 21 Article 3 of the Law on Land.
3. Where land or property attached
to land is registered and the Certificate of LURs and ownership of property
attached to land is issued to a receiver of LURs or ownership of a house,
construction work or construction work item under a real estate project as
prescribed in Article 41 of this Decree and the investor submits documents to
follow procedures for registration and issuance of the Certificate as
prescribed before the effective date of this Decree and the Department of
Natural Resources and Environment has sent a notification to the Land
Registration Office to initiate procedures for registration of house or land
for the purchaser, the investor is not required to submit the documents
specified in points a, b and e clause 1 Article 41 of this Decree.
4. In the case where the decision
to allocate land for management is issued before the effective date of this
Decree, the land authority shall transfer the dossier on allocation of land for
management to the Land Registration Office to perform the tasks specified in
clause 2 Article 35 of this Decree.
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6. The issuance of Certificate
codes as prescribed in Article 27 of this Decree shall be done as the National
Land Information System is officially put into operation.
Article 66.
Provision of funding for baseline land surveys, registration of land and
issuance of certificates of LURs and ownership of property attached land and
national land information system and databases
1. Funding for baseline land
surveys, registration of land and issuance of Certificates of LURs and
ownership of property attached land and national land information system and
databases shall be covered by the state budget and other legal sources of
funding as prescribed by law.
2. Funding for conduct of cadastral
surveying and mapping activities shall be covered by the local government
budget and other legal sources of funding as prescribed by law.
3. Funding for conduct of land
surveys and assessments; land protection, improvement and restoration
a) Survey, preparation, adjustment
and appraisal of technical design and estimate and conduct of land surveys and
assessments; land protection, improvement and restoration nationwide and in
socio-economic regions shall be covered by central government budget for
recurrent expenditures on environmental protection and business operations;
b) Land surveys and assessments;
land protection, improvement and restoration in provinces shall be covered by
local government budget for recurrent expenditures on environmental protection
and business operations.
4. Funding for creation,
management, operation, maintenance and upgradation of the National Land
Information System and national land databases shall be covered by budget for
development investment expenditures and state budget for recurrent expenditures
in accordance with regulations on hierarchical management of state budget; by
revenues from collection of fees for exploitation and use of land documents in
accordance with the Law on Fees and Charges; by revenues from value-added
products and services using information from national land databases and
National Land Information System in accordance with regulations of law on
prices and other sources of funding as prescribed by law. The use of the state
budget shall comply with regulations of the Law on State Budget and Law on
Public Investment.
Article 67.
Effect
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2. The following Decrees shall
cease to have effect from the effective date of this Decree:
a) Government’s Decree No.
43/2014/ND-CP dated May 15, 2014;
b) Government’s Decree No.
01/2017/ND-CP dated January 06, 2017;
c) Government’s Decree No.
148/2020/ND-CP dated December 18, 2020;
d) Government’s Decree No.
10/2023/ND-CP dated April 03, 2023.
3. Several Articles and clauses of
the following Decrees are repealed:
a) Clauses 1 and 2 Article 1 of the
Government’s Decree No. 136/2018/ND-CP dated October 05, 2018;
b) Article 11 of the Government’s
Decree No. 104/2022/ND-CP dated December 21, 2022.
Article 68.
Responsibility for implementation
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2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
at all levels, other organizations and individuals concerned are responsible
for the implementation of this Decree./.
FOR
THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Tran Hong Ha