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THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.01/2005/TT-BTNMT
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Ha
Noi, April 13, 2005
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CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE GOVERNMENTS DECREE NO.181/2004/ND-CP OF OCTOBER 29, 2004 ON
IMPLEMENTATION OF THE LAND LAW
This Circular guides the
implementation of a number of articles of the Governments Decree
No.181/2004/ND-CP of October 29, 2004, on implementation of the Land Law
(hereinafter called Decree 181) which, in the course of implementation, are
requested by provinces and centrally-run cities to be more specifically guided
for application.
I. ADDITIONAL
GUIDANCE ON LAND ASSIGNMENT, LAND LEASE, DETERMINATION OF LAND USE PURPOSES,
DETERMINATION OF LAND USE DURATION, LAND RECOVERY, RECOGNITION OF LAND USE
RIGHTS
1. On the
dossiers of application for land assignment, land lease, land use purpose
change for land received before November 16, 2004.
1.1 With regard to the dossiers
of application for land assignment; land lease or land use purpose change,
which had been submitted before November 16, 2004 (the effective date of Decree
181) the land assignment and land lease shall continue and the land use purpose
change shall be permitted in accordance with the provisions of land legislation
before July 1, 2004 (the effective date of the Land Law) if such fall under the
following cases:
a. The competent state agencies
defined by the investment legislation have approved the investment projects
before November 16, 2004, for projects invested with the state budget capital
or projects invested with foreign capital;
b. The dossiers of application
for land assignment or land lease been fully filed at the agencies functioning
to receive the dossiers according to the regulations of the
provincial/municipal Peoples Committees before November16, 2004, for projects
other than those invested with state budget capital or those invested with
foreign capital;
c. The dossiers of application
for land assignment or land lease of households or individuals; the dossiers of
application for land use purpose change of organizations, households or
individuals had been fully submitted at agencies functioning to receive dossier
according to the provincial/municipal Peoples Committees before November 16,
2004.
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1.3 The dossiers on land
assignment, land lease, land use purpose change for cases provided at Point 1.1
must be completely handled before June 30, 2005.
2. Regarding
the recognition of land use rights upon the implementation of the provisions of
Clause 3, Article 48 of Decree 181
For households and individuals
using land which the State previously decided to mange in the course of
implementation of the States land policies under the provisions of Points a and
d, Clause 1, Article 4 of Decree No.181, but actually the State has not yet
issued such management decisions or not yet effected the management, they may
continue using such land, be granted land use right certificates and must not
pay land use levy.
3. Regarding
land use duration
3.1 The land use duration for
land use right auction winners shall be determined on the following bases:
a. The use purposes have been
determined for land put up for auction;
b. The land use duration for
each land use purpose provided for in Article 66 and 67 of the Land Law.
3.2 For economic organizations,
households and individual using land for production and/or business ground,
when being granted land use right certificates, the land use duration shall be
determined as follows:
a. In cases where the valid
papers on land use right are inscribed with the land use duration prescribed by
land legislation, the land use duration shall be determined according to such
papers;
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c. In case of having no papers
on land use right, the land use duration shall be determined according to the
provisions of Article 67 of the Land Law and Article 78 of Decree No.191; the
land use duration shall be counted from October 15, 1993, for cases of using
land before October 15, 1993 or from the date of being granted land use right
certificates, for cases of using land from October 15, 1993 onwards;
3.3 The land use duration
determined in accordance with the provisions of Point 3.1 and 3.2 of this
Section shall be inscribed in the land use right certificates granted to land
users.
4. Regarding
the determination of principal use purpose and other use purposes of land plots
4.1 The determination of
principal use purposes and other combined use purposes for land plots defined
in Clause 2, Article 6 of Decree No.181 is specified as follows:
a. The principal use purpose
shall be determined under the provisions of Article 14 of the Land Law; apart
from principal use purposes, land users may use land for other combined purposes
but without affecting the use of land for the principal purposes;
b. For land in the
non-agricultural land group, the principal use purpose and other use purpose of
a land plot must be for the same category of land assigned by the State with
out the collection of land use levies or the same category of land assigned by
the State with the collection of land use levies or leased by the State;
c. For investment projects on
infrastructure construction and business, investment projects on dwelling house
construction and business, projects on non-agricultural and business, composed
of many construction items with different land use purposes, the land areas
used for principal purposes and the land areas used for other purposes must be
clearly inscribed in the documents approving the projects or documents
apprising the land use demands of the projects.
4.2 The use duration of land
plots with principal use purposes and other use purposes shall be the use
duration of the land with the principal use purposes.
Where the projects are for
high-rise construction and business, of which a number of floors are used for
construction of living apartments, a number of floors are used for service,
trade establishment or for lease, the principal use purpose shall be the purpose
of using the land as residential land and the use duration of the land plots
shall be stable and land-termed.
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1. On the
execution of projects by mode of using land funds to create capital for
construction of infrastructure
1.1 For projects having been
underway and for which the land has been assigned to investors who are required
to use the land stably for long terms as provided for at Point c, Clause 1,
Article 5 of Decree No.04/2000/ND-CP of February 11, 2000 of the Government on
implementation of the Law amending and supplementing a number of articles of
the Land Law, the investors shall continue to use such land stably for long
terms.
1.2 For projects on the list of
those entitled to use land funds for creation of capital for construction of
local infrastructures, which had been approved by the Prime Minister before
July 1, 2004, such shall be handled as follows:
a. Where provincial/municipal
Peoples Committees had organized bidding or designated contractors before
November 16, 2004 in order to select investors for execution of projects on
infrastructure construction in the order prescribed in Article 23 of Decree
No.04/2000/ND-CP, such order shall continue to be complied with; the provincial/municipal
Peoples Committees shall decide to assign land for construction of
infrastructure and assign land to investors who have invested capital in the
construction of infrastructures according to competence provided for in the
Land Law;
b. Where provincial/municipal
Peoples Committees have organized biddings or designated contractors in the
period between November 16, 2004 and the effective date of this Circular but
not by modes of land use right auction or biddings for projects involving land
use with regard to land funds used for creation of capital for investment in
infrastructure construction as provided for in Article 62 of Decree 181, the
results thereof must be disregarded and the organization thereof shall comply
with the provisions of Article 62 of Decree 181;
c. Where provincial/municipal
Peoples Committees have not yet organized biddings not designated contractors
in order to select investors for execution of projects, the auction of land use
rights and the bidding for projects involving land use with regard to the land
funds used for creation of capital for investment in infrastructure
construction shall be carried out in accordance with the provisions of Article
62 of Decree 181.
2. For cases
where investors are transferred or leased the land use rights, receive land use
rights as contributed capital for project execution
2.1 Where the land use purpose
of a project differs from the use purpose of the land plot while the land use
for project execution accords with the approved planning, land use plan, the
handling order shall be as follows:
a. For cases where investors
hire the land use right or receive as contributed capital the land user right
of current land users, the procedures for registering or permitting land use
purpose change for current land users shall be carried out before the
procedures for investors to hire the land use right or to receive the land use
right as contributed capital.
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c. For cases where investors
hire the land use rights or receive as contributed capital the agricultural
land use rights of households, individuals, such households or individuals,
before leasing their land use right or contributing capital with their land use
rights, must carry out procedures for land use purpose change and fulfill the
financial obligations according to law provisions. The land use duration, after
the change of land use purpose, shall correspond to the duration of the
investment projects;
d. For cases where investors
hire the land use rights or receive as contributed capital the rights to use
non-agricultural land for define terms of organizations, households or
individuals, after the expirations, households or individuals, after the
expiration of the land use right hiring duration or the land use right
reception, the investors may continue to lease the land from the State for the
remaining duration of the investment projects.
2.2 Where the land areas used
for execution of economic development projects and not recovered by the State
(investors directly negotiate with current land users for the transfer or
hiring of land user rights, for reception of capital contributed with the land
use rights in order to have land for project execution as provided for in
Clause 6, Article 36 of Decree 181) contain a land area not allowed to
participate in the real estate market, the provincial/municipal Peoples
Committees of the localities where exists the land shall recover land for lease
or assignment to investors according to the following regulations:
a. The use of land for project
execution must be in line with the approved land use planning, plans; where it
is necessary to change land use purposes, the permission of the competent state
bodies is required or its must be registered according to the provisions of
Clause 1 and 2, Article 36 of the Land Law;
b. The provincial/municipal
Peoples Committees shall recover land according to the provisions of Articles
39 and 40 of the Land Law; decide to lease land or assign land without
organizing land use right auction among investors for the land areas not entitled
to participate in the real estate market; the prices of assigned land or leased
land shall be calculated according to the land prices set by the
provincial/municipal Peoples Committee of the localities where exists the land;
c. The land assignment or lease
duration shall correspond to he land sue duration already determined in the
investment projects;
d. Land use levies and land
rents must be fully paid into the state budget.
2.3 Where the land areas used
for project execution contain many land areas originating from different
sources: the transfer or lease of land use rights of current land users,
reception of contributed capital, assignment by the State, lease by the State,
the new land plots to be granted the land use right certificates shall be the entire
land areas used for project execution, in which Point 8 of Section II (Land use
sources) on the land use right certificates must be inscribed clearly with the
land area for each land use source; where Point 8 of Section II has not enough
room for recording every land use source, additional papers shall be made
according Form No.01 issued together with this Circular (not printed herewith)
and stamped with seal (seals of natural resources and environment agencies)
overlapping page 4 of the land use right certificates.
3. Regarding
the recovery of land for replenishment, development of urban centers and rural
population quarters.
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3.2 The recovery of land used
for the projects defined at Point
3.1 of this Section shall be
carried out according to planned areas after the land use planning, plans are
publicized or according to investment projects having land use demands
compatible with land use planning or plans already approved, determined in detailed
planning for urban construction or approved rural population quarter planning.
3.3 The State shall assign or
lease land for execution of projects defined at Point 3.1 of this Section by
modes defined in Articles 61 and 62 of Decree 181.
4. On the
transfer of the right to use land assigned for execution of projects in the
domains of health, culture, education and training, physical training and
sports
4.1 Organizations and
individuals that are assigned land with the exemption of land use levies for
execution or projects in the domains of health, culture, education and
training, physical training and sports being in the period of investment in
work construction, if being unable to continue executing the investment
projects, shall have such land recovered by the State; assets invested on land
shall be handled in accordance with the provisions of Article 35 of Decree 181.
4.2 Where the capital
construction of projects has been completed, if investors are unable to
continue executing the projects, they are entitled to sell assets associated to
land; the asset purchasers may continue to execute the projects and must use
the land for the purposes already approved.
5. On land use
right mortgage or guarantee for cases of sublease of land in industrial parks,
hi-tech parks, economic zones
5.1 Economic organizations that
are leased land by the State for investment in construction and commercial
operation of infrastructures in industrial parks and equivalent areas in economic
zones or high-tech parks under the provisions of Point d, Clause 5, Article 41
of Decree 181 (referred collectively to as industrial parks) and pay land rents
annually are entitled to sublease the land where they have invested in the
complete construction of infrastructure under the provisions of Point d, Clause
1, Article 111 of the Land Law; if the land sub-lessees have paid the rents for
the whole land lease term, they may mortgage, or provide guarantee with , the
rights to use the sub-leased land and their own assets associated to such land
at credit institutions licensed to operation in Vietnam.
5.2 Where the rights to use
sub-leased land and assets associated to land have been mortgaged or used as
guarantee for debt recovery, the recipients of land use rights and assets
associated to land may continue to use such land for the remaining duration
under land sublease contracts.
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1. On the
correction and withdrawal of land use right certificates
1.1. The correction of contents
inscribed in land use right certificates, prescribed in Clause 1, Article 42 of
Decree 181 shall be conducted as follows:
a. The natural resource and
environment agencies shall correct contents inscribed in land use right
certificates according to the provisions of Land Law, for land use right
certificates issued by the Peoples Committees of the same level.
b. Where land use right
certificates had been issued before July 1, 2004, the correction contents
thereof is provided as follows:
b.1. The provincial/municipal
Services of Natural Resources and Environment shall correct content inscribed
on land use right certificates granted to religious organizations or
establishments, overseas Vietnamese, that use land for construction of
investment projects, foreign organizations or individuals;
b.2. The district-level Sections
of Natural Resources and Environment shall correct contents inscribed on land
use right certificates granted to households, individuals, overseas Vietnamese
entitled to by dwelling houses associated to residential land, population
communities.
c. Where the correction of land
plot diagrams has made such diagrams unclear, a land plot diagram page shall be
added in accordance with the provisions of Section 2 of this Part.
d. Where the to be-corrected
contents contain numerous technical errors, thus making the contents of land
use right certificates unclear, after the correction, new land use right
certificates shall be granted as replacement like for the cases defined at
Point e, Clause 5, Article 41 of Decree 181.
e. The correction of contents
inscribed on land use right certificates shall be made when there are
applications or documents detecting errors in contents inscribed in the
certificates, the written appraisals of land use right registries in localities
where the land exists or records on inspection by inspection teams, made by
natural resource and environment agencies competent to make corrections.
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a. The natural resources and
environment agencies shall withdraw land use right certificates according to
the provisions of Land Law, for land use right certificates issued by the
Peoples Committees of the same level.
b. For land use right
certificates granted before July 1, 2004, the competence to withdraw land use
right certificates in cases of natural slide of the whole land plots, land
recovery or change of certificates, grant new certificates for cases of change
in boundaries of land plots, is stipulated as follows:
b.1. The provincial/municipal
Services of Natural Resources and Environment shall withdraw land use right
certificates granted to religious organizations or establishment, overseas
Vietnamese using land for execution of investment projects, foreign
organizations or individuals;
b.2. The district-level Sections
of Natural Resources and Environment shall withdraw land use right certificates
granted to households, individuals, overseas Vietnamese who are entitled to buy
dwelling houses associated to residential land, population communities.
c. Upon withdrawal of land use
right certificates, the provincial/municipal Services of Natural Resources and
Environment or district-level Sections of Natural Resources and Environment
must issue administrative decisions on the withdrawal of land use right
certificates and simultaneously carry out procedures for change or grant of new
land use right certificates, land recovery.
1.3 The withdrawal of land use
right certificates under the provisions of Clause 3, Article 42 of Decree 181
shall be carried out by natural resource and environment agencies according to
competence defined at Point 1.2 of this Section immediately after courts
judgments or rulings, decisions of judgment enforcement agencies take affect.
2. On
additional page on land plot diagram attached to land use right certificates
In cases where the correction of
land use right certificates, the adjustment of changes in land use, the
supplement or adjustment of changes in assets closely associated to land makes
the land plot diagrams in Section V on the land use right certificates unclear,
the diagrams of the land plots associated with assets (if any) shall be re-drawn
in the additional page on land plot diagrams according to Form No.02 issued
together with this Circular (not printed herein). This additional page must be
ordinally numbered and affixed with stamps (of the natural resources and
environment agencies) overlapping page 3 of the land use right certificates.
3. On the
inscription on land use right certificates
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3.1 Where households are
assigned agricultural land by the State without the collection of land use
levies, assigned land with the collection of land use levies, assigned land
with the collection of land use levies while members of the households have
been named in the land assignment decisions, Section I (name of land user) on
the land use right certificates must be inscribed with Household and the full
names of both the husband and the wife; in cases where the land users request to
inscribe only the full name of either the husband of the wife, the written
consent of either the wife or the husband with authentication of the
commune/ward/township Peoples Committee is required.
3.2 Where the husband and the
wife jointly receive the transferred land use rights (jointly name in contracts
or documents on reception of land use rights), Section I on the land use right
certificates must be inscribed with both the full names of the husband and the
wife; where the land user request to inscribe only the full name of the husband
or the wife, there must be written consent of the wife or the husband with
authentication of the commune/ward/township Peoples Committee.
3.3 Where the households receive
the transferred land use rights which are the common assets of the entire
households comprising all members fully inscribed in papers on reception of the
transferred land use rights, Section I or the land use right certificates must
be inscribed with the full names of the household masters or with the full name
of both the husband and the wife, either of whom is the household master, or
inscribed with the full name of the households representative; the full name of
the persons inscribed on the land use right certificates must be consented in
writing by members of the households, with authentication of the
commune/ward/township Peoples Committees.
3.4 Where many land users have
the right to commonly use a land plot and the full names of all such land users
must be inscribed while Section I on the land use right certificate has not
enough room for the inscription thereof, in Section I, Only the full name of
the person granted the land use right certificate shall be inscribed, then
added with the phrase together with the land users named in the list enclosed with
this certificate; the list of common users of the land plot must be printed or
inscribed on the additional page according to Form No.03, issued together with
this Circular (not printed herein). The additional pages, after being made,
shall be affixed with stamps (of natural resources and environment agencies)
overlapping page 4 of the land use right certificate.
3.5 Where heirs of the same rank
are entitled to inherit the land use rights according to law, the inscription
of the names of land users on land user right certificates is stipulated as
follows:
a. When all persons entitled to
the inheritance at law are fully identified, the inscription of land users
names on land use right certificates shall comply with the provisions of Point
3.4 of this Section;
b. When the persons entitled to
the inheritance at law are not fully identified, only one (1) land use right
certificate shall be granted to the representative, Section I on the land use Certificate
shall be inscribed with The representative is, which is followed by the full
name of the representative; the list of other persons of the same inheritance
rank entitled to common use of the land plot according to provisions of Point
3.4 of this Section shall be made. Section IV (Note) shall be inscribed with:
Not yet entitled to exercise the rights of land users.
4. On the
granting of land use right certificates with regard to agricultural land
comprising many adjacent land plots under the use right of the same land user
4.1 Where many adjacent
agricultural land plots belong to the same land user who wishes to have land
use right certificate, he/she shall be granted one (1) land use right
certificate for all those land plots without having to carry out the procedures
to merge them into one plot.
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4.3 Section II (Land plots to be
eligibly used) on the land use right certificates shall be inscribed according
to the following regulations:
a. Not to be inscribed with the
contents at Point 1 (Land plot No.) and Point 2 (Map No.);
b. To be inscribed at Point 3
(Land plot location) with the location of the area covering adjacent land
plots;
c. To be inscribed at Point 4
(Acreage) with the total land use acreage of all adjacent land plots;
d. To be inscribed at Point 5
(Land use form) with the total land use acreage for all adjacent land plots;
e. To be inscribed at Point 6
(Land use purpose) with agricultural land;
f. Not to be inscribed with
contents at Point 7 (Land use duration) and Point 8 (Land use sources).
4.4 To statistically list all
land plots to be eligibly used into the additional page according to Form No.04
issued together with this Circular (not printed herein). The additional pages,
after being made, shall be affixed with stamps (of the natural resource and
environment agencies) overlapping page 4 of the land use right certificates.
5. On the
recognition of assets associated to land on land use right certificates
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a. Not to make measurements
and/or drawings, to inscribe contents into Section III (Assets associated to
land) on land use right certificates and into Section III (Changes in the
process of using land and notes) on papers of cadastral books in the following
cases:
a.1 Agricultural land is
cultivated with annual crops;
a.2 Land where assets have not
yet been formed at the time of granting the land use right certificates;
a.3 Land use right certificate
grantees do not have the demand for recognition of assets associated to land;
b. For cases not prescribed in
item of this Point, the assets associated to land shall be measured, drawn and
expressed on the cadastral maps; the contents shall be inscribed in Section III
of the land use right certificates and Section III on cadastral map pages as
follows:
b.1 For residential houses
(other than condominiums) or houses in other forms, to inscribe residential
houses (or workshops, storehouse,) floors (to inscribe the land-occupying
acreage), house types (to inscribed types of material used for building
force-bearing frames), types of material used for walling, types of material
used for building floors for multi-storey buildings, types of material for
roofing;
b.2 For condominiums, to
inscribe (on land use right certificates granted to investors or condominium
owners and the contents correspond to those on cadastral book pages)
Condominium floors (to inscribe the number of floors), the construction spaces
m2 (to inscribe the land-occupying acreage), the total number of apartments (to
inscribed the total number of apartment), house type. (to inscribed the types
of material used for making used for walling, types of material for building
floors for multi-storey building; type of material for roofing; in cases of
modeled houses, to inscribe generally the house type such as pre-fabricated
concrete houses, not necessarily to detail type of wall, type of floor, type of
roof);
b.3 For condominium apartments
owned by households or individuals, to inscribe (on land use right certificates
granted to condominium apartment owners and corresponding contents on cadastral
book page) Condominium apartment No (to inscribed the serial number of the
apartment), floor No. (to inscribe the location of the floor where stays the
apartment), acreage m2 (to inscribe use acreage of the apartment);
b.4 For infrastructural works,
other architectural works, to inscribe Work (to inscribe type of works such as
industrial park infrastructure, traffic, irrigation, entertainment works, other
constructions), including work items:, acreage m2, , acreage m2; . (to inscribe
specific work items and their respective land-occupying acreages);
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c. Where owners of assets
associated to land have been certified according to law provisions, the
contents already inscribed in accordance with the provisions of Item b of this
Point shall be followed by the inscription under the ownership of (to inscribed
owners name) in Section III on the land use right certificates and Section III
on cadastral book page.
d. The diagram of assets
associated with land shall be drawn on the land plot diagram in Section V on
the land use right certificates shall cover house boundaries, construction
works, architectural objects, forest trees, perennial trees, entertainment
areas, waste treatment area and other construction works; where boundaries are
straight lines, the length of sides shall be measured in meters rounded to one
decimal along such straight lines.
e. The regulations on contents
recognizing the assets associated to land in Item b of this Point shall replace
the regulations in Clause 4, Article 3 of the Regulations on Land Use Right
Certificates, issued together with Decision No.24/2004/QD-BTNMT of November 1,
2004 of the Minister of Natural Resources and Environment, guiding the making,
adjustment and management the cadastral dossiers.
The regulations on drawing
diagrams of assets associated with land at Item d of this Point shall replace
the regulations at Point c, Clause 6, Article 3 of the Regulations on Land Use
Right Certificates issued together with Decision No.24/2004/QD-BTNMT of
November 1, 2004 of the Minister of Natural Resources and Environment.
5.3 The additional recognition
of assets associated to land on the granted land use right certificates and on
cadastral books shall be carried out according to the following regulations:
a. The additional recognition of
assets associated to land shall be effected when assets associated to land have
not yet been recognized when the land use right certificates are granted or for
assets associated to land, which are created after the granting of land use
right certificates;
b. The additional assets
associated to land shall be recognized in Section VI (Changes after the
granting of land use right certificates) on the land use right certificates and
in Section III (Changes in the process of land use and notes) on the cadastral book
pages as follows:
b.1 Column: Day, month, year: to
inscribe the time of additionally recognizing the assets associated to land
into land use right certificates;
b.2 Column: Contents of change
and legal grounds therefore: to inscribed the contents of information on assets
associated to land according to the provisions of Item b, Point 5.1 of this
Section;
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c. To add diagrams on assets
associated to land to the land plot diagrams already drawn at Section V (Land
plot diagram) on the land use right certificates.
5.3 The adjustment of changes in
assets associated to land on land use right certificates and cadastral books
shall be carried out according to the following regulations:
a. In case of changes in types
of asset associated to land or changes in scales of assets associated to land
already recognized on the land use right certificates, the adjustment of
changes in assets associated to land must be made on the land use right
certificates, the adjustment of changes in assets associated to land must be
made on the land use right certificates;
b. To underline in red ink the
information on assets associated to land, already recognized in Section III on
cadastral book pages;
c. The adjustment of changes in
assets associated to land on land use right certificates and cadastral books
shall comply with the provisions of Items b and c, Point 5.2 of this Section,
When the adjustment of changes in assets on land makes the land plot diagrams
unclear, the land plot diagram page shall be added according to the provisions
of Section 2 of this Part.
6. On the
adjustment of changes on certificates of house ownership and residential land
use rights, already granted in accordance with the provisions of Decree
NO.60/CP of July 5, 1994 of the Government
6.1 In case of changes in land
use not prescribed at Point 6.2 of this Section or changes in assets associated
to land, such changes shall be recognized on certificates of residential house
ownership and residential land rights or on additional pages of land use right
certificates according to the regulation on Land Use Right Certificates, issued
therewith.
6.2 In case of changes in land
use which require the granting of new land use right certificates according to
the provisions of Clause 4, Article 48 of the Land Law and Clause 5, Article 41
of Decree 181 or the land users wish to change their land use right
certificates, the state bodies competent to grant certificates shall grant new
land use right certificates according to the form provided for in Decision
No.24/2004/QD-BTNMT of November 1, 2004 of the Minister of Natural Resources
and Environment; the information and diagrams on dwelling houses associated to
residential land already inscribed in the certificates of residential house
ownership and residential land use rights shall be re-inscribed on the new
certificates, including the full names of dwelling house owners, the serial
numbers of granted certificates, date of issuance and issuing agencies.
7. On the
granting of land use right certificates in cases where religions establishments
are using agricultural land
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7.2 The use duration applicable
to agricultural land being used by religious organizations shall be the same as
the duration for agricultural land being used by households, individuals,
prescribed in Clause 1, Article 67 of the Land Law.
8. On the
granting of land use right certificates to enterprises upon the conversion of
their legal person status
8.1 Where households or
individuals set up private enterprises and transfer their land use rights to
the private enterprises, the letter may continue to use the land; if the
private enterprises file their applications, the provincial/municipal Services
of Natural Resources and Environment shall have to adjust changes in the names
of land users on the granted land use right certificates of the households or
individuals.
8.2 Where cooperatives dissolve
to set up private enterprises, limited liability companies or join-stock
companies, they must carry out the procedures for land recovery by the State
with regard to land assigned by the State to the cooperative without the
collection of land use levies and the procedures for land assignment or land
lease to new legal persons set up under provisions of land legislation; land of
other categories shall be handled according to the provisions of Article 109 of
Decree 181.
8.3 Where private enterprises
dissolve to set up limited liability companies or joint-stock companies, the
land use right transfer shall be carried out in accordance with the provisions
of land legislation; the provincial/municipal Services of Natural Resources and
Environment shall adjust the changes in the names of land users on the granted
land use right certificates or grant new land use right certificates upon the
changes in land plots.
IV.
ADDITIONAL GUIDANCE ON A NUMBER OF ADMINISTRATIVE ORDERS AND PROCEDURES
1. On the
order and procedures for appraisal of land use demands
The order and procedures for
appraisal of land use demands, prescribed at Point b, Clause 1, Article 30 of
Decree 181 shall be carried out as follows:
1.1 Investors in projects not
financed with the state budget capital or foreign capital shall file at the
provincial/municipal Services of Natural Resources and Environment seven (7)
sets of appraisal dossiers, each comprising:
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b. The decision approving the
investors project.
1.2 The appraisal of land use
demands shall be carried out as follows:
a. Within three (3) working days
counting from the date of fully receiving the valid dossiers, the provincial/municipal
Services of Natural Resources and Environment shall have to send the appraisal
dossiers to relevant agencies for comments.
b. Within ten (10) working days
counting from the date of fully receiving the dossiers, the relevant agencies
shall have to send their written comments on land use demands to the
provincial/municipal Services of Natural Resources and Environment shall have
to send the appraisal dossier to relevant agencies for comments.
c. Within then (10) working days
counting from the date of expiry of the time limit for gathering comments, the
provincial/municipal Services of Natural Resources and Environment shall have
to sum up the comments, scrutinize the specific land use demands against the
land use norms; formulate documents appraising the land use demands and send
them to project investors.
2. On the
order and procedures for certifying the observance of land legislation
The order and procedures for
certifying the observance of land legislation for projects already assigned or
leased land according to the provisions of Clause 2, Article 30 of Decree 181
shall be as follows:
2.1 The applicants for land
assignment or land lease shall make written declarations on all land areas, the
situation of using the land assigned or leased previously by the State and make
self-remarks on the observance of land legislation in the course of execution
of each project according to Form No.05 issued together with this Circular (not
printed herein); and send their written declarations to the
provincial/municipal Services of Natural Resources and Environment of the
localities where exist the land they apply for assignment of lease.
2.2 Within three (3) working
days counting from the date of receiving the written declarations, the provincial/municipal
Services of Natural Resources and Environment shall have to send request cards
to the provincial/municipal Services of Natural Resources and Environment of
localities where exists the assigned or leased land for comments; the request
cards are made according to Form No.06 issued together with this Circular (not
printed herein).
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2.4 Within three (3) working
days counting from the date of receiving the written comments, the
provincial/municipal Services of Natural Resources and Environment of the
localities where exists the land applied for assignment or lease shall have to
sum up and make evaluation papers according to Form No.08 issued together with
this Circular (not printed herein) and include them in the dossiers of
consideration for land assignment or lease.
3. On the
order and procedures of registration for lease or sublease of the right to use
land associated with infrastructures in industrial parks, hi-tech parks,
economic zones
3.1 The land use right lease,
sublease provided at Point d, Clause 5, Article 41 of Decree No.181 shall be
based on contracts for lease of right to use land associated to infrastructures
between economic organizations using the land and enterprises investing in the
construction and commercial operation of infrastructures, with certification by
the Management Boards of industrial parks, economic zones, hi-tech parks; the
lessees or the sub-leases of land associated with infrastructure shall be
granted the land use right certificates.
3.2 The order and procedures of
registration for lease or sublease of the rights to use land associated with
industrial-park infrastructure shall comply with the provisions of article 149
of Decree 181, in which the Management Boards of industrial parks, economic
zones or hi-tech parks shall have to certify the contracts instead of
authenticating the contracts by the Notary Public, the provincial/municipal
Services of Natural Resources and Environment of the localities where exist the
land shall have to adjust the land use right certificates already granted to
enterprises investing in the construction and commercial operation of infrastructures
and grant the land use right certificates to lessees or sub-leases of land in
industrial parks according to the following regulations:
a. The dossiers of registration
for lease or sublease of the rights to use land associated with infrastructures
shall be filed at the land use right registration offices of the
provincial/municipal Services of Natural Resources and Environment; each
dossier comprise:
a.1 The contract on lease or
sublease of the right to use land associated with infrastructures, certified by
the Management Board of the industrial park, economic zone or hi-tech park
(contract is made by the parties according to a form set by the Ministry of
Justice and the Ministry of Natural Resources and Environment);
a.2 The land use right
certificate.
b. The registration shall be
carried out as follows:
b.1 Within two (2) working days
counting from the date of fully receiving the valid dossiers, the land use
right registration offices shall have to verify the dossiers, make extracts of
cadastral dossiers and send them to the provincial/municipal Services of
Natural Resources and Environment;
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b.3 Within three (3) working
days counting from the date of receiving the results of settlement by the
provincial/municipal Services of Natural Resources and Environment, the land
use right registration offices shall have to hand over the adjusted land use
right certificates and the new land use right certificates to land users;
adjust the original cadastral dossiers; send the extracts of adjustment
contents, update the original cadastral dossiers for the land use right
registration offices of the district-level Section of Natural Resource and
Environment, the People’s Committees of the communes, wards or townships where
exists the land for adjusting the copies of the cadastral dossiers.
4. On the
time limits for settling land disputes in cases where the disputing parties do
not have papers on land use rights
The settlement of the contents
prescribed in Article 159 and 160 of Decree 181 on settling land disputes in
cases of absence of papers on land use rights shall be carried out within the
following time limits:
4.1 The time limit for
reconciliation at eh commune/ward/township Peoples Committees shall be thirty
(30) working days counting from the date the Peoples Committees receive
applications of the disputing parties.
4.2 The time limit for the
first-time settlement shall not exceed thirty (30) working days counting from
the date of receiving the applications of the disputing parties.
4.3 Within fifteen (15) working
days counting from the date of receiving the decisions on the first-time
settlement, if disagreeing therewith, the disputing parties may send their
applications to the competent bodies for the final settlement of disputes; past
the above time limit, the application for settlement of disputes shall not be
accepted.
4.4 The time limit for the final
settlement of disputes hall not exceed forty five (45) days counting from the
date of receiving the applications of disputing parties.
5. On forms
of contracts upon the exercise of land users rights
Forms of contracts upon the
exercise of land users rights are provided for in a joint circular of the
Ministry of Natural Resources and Environment. Pending the promulgation of such
joint circular, the contracts upon the exercise of land users rights shall be
made according to a form prescribed in Circular No.1883/2004/TT-TCDC of
November 12, 2001 of the General Land Administration; the provincial/municipal
Services of Natural Resources and Environment, the Peoples Committees of rural
district, urban district, provincial capitals or towns, the district-level
Sections of Natural Resources and Environment, the Peoples Committees of
commune, wards, townships shall not certify the conditions for exercise of such
rights on such contracts.
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The provincial/municipal Peoples
Committees shall direct the implementation of this Circular. If any problems on
law provisions arise in the course of implementation, they should be reported
in time to the Ministry of Natural Resources and Environment for further
handling.
MINISTER
OF NATURAL RESOURCES AND ENVIRONMENT
SIGNED AND SEALED
Mai Ai Truc