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MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
23/2014/TT-BTNMT
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Hanoi, 19 May
2014
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CIRCULAR
PROVIDING
FOR CERTIFICATE OF LAND USE RIGHT, HOUSE OWNERSHIP AND OTHER PROPERTIES
ASSOCIATED WITH THE LAND
Pursuant to the Land Law dated 29 November 2013;
Pursuant to Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government detailing the
implementation of a number of articles of the Land Law;
Pursuant to Decree No. 21/2013/ND-CP dated 04
March 2013 of the Government regulating the functions, tasks, powers and
organizational structure of the Ministry of Natural Resources and Environment;
At the request of the Director General of
General Department of Land Administration and the Director General of Department
of Legal
Affairs,
The Minister of Natural Resources and
Environment issues the Circular providing for Certificate of land use right,
house ownership and other properties associated with the land.
Chapter I
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Article 1. Scope
of regulation
This Circular provides for Certificate of land use
right, house ownership and other properties associated with the land (Hereafter
referred to as Certificate).
Article 2. Subjects
of application
1. State management
authorities; bodies specialized in natural resources and environment, houses
and constructional works, agriculture and rural development, finance at all
levels and other bodies concerned; cadastral public servants at communes, wards
and towns.
2. Land users; owners of
houses and properties associated with the land, other organizations and
invidividuals concerned.
Chapter II
FORM OF CERTIFICATE AND
PRINTING, ISSUE AND MANAGEMENT OF CERTIFICATE DRAFT
Article 3. Form
of certificate
1. Certificate is issued by
the Ministry of Natural Resources and Environment in a uniform form which is
applied on a national scale for all types of land, houses and properties
associated with the land. A Certificate consists of one sheet including 04
pages printed on background of lotus pink bronze drum pattern (called
certificate draft) and additional page on page background, each page is 190mm x 265mm in size,including the contents regulated as
follows:
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b) In page 2 with black letters including section
“II. Land parcel, house and other properties associated with the land” in which
there is information about the land lot, house and other constructional works,
production forest as grown forest, perennials and note; signing date of
Certificate and organ issuing Certificate and the recorded number in
Certificate issuing book.
c) Page 3 with black letters including section
“III. Plan of land parcel, house and other properties associated with the land”
and section “IV. Changes after the issuance of Certificate”.
d) Page 4 with black words
including the next contents of section”IV. Changes after the issuance of
Certificate”; the contents of note to person issued with Certificate; barcode.
dd) Additional page of Certificate with black
letters including the words “Additional page of Certificate”; land parcel
number, issue number of Certificate; recorded number in Certificate issuing
book and section “IV. Changes after the issuance of Certificate”; as in page 4
of the Certificate;
e) The contents of Certificate
specified under Points a, b, c, d and dd of this Clause
shall be printed and written by the land registration Office or branch of land
registration Office or the land use right registration Office (in places
without land registration Office when preparing dossiers to be submitted to the
competent authorities for issuance of Certificate or certification of changes
in the issued Certificate.
2. The contents and specific
form of Certificate specified under Points a, b, c, d, dd, Clause 1 of this
Article are made under the Form issued with this Circular.
Article 4. Printing,
issuance and management of use of Certificate draft
1. The General Department of
Land Administration is responsible for:
a) Organizing the printing and
issuance of Certificate draft to the land registration Office or the land use
right registration Office at all levels for use;
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c) Inspecting and giving
instructions on the management and use of Certificate draft at all localities.
2. The Department of Natural
Resources and Environment is responsible for:
a) Preparing plan for use of
Certificate draft of localities and send it to the General Department of Land
Administration prior to the 31st date of October annually;
b) Inspecting and giving
instructions on the management and use of Certificate draft at all localities.
c) Organizing the destruction
of Certificate draft or damaged printed or written Certificate under
regulations of law on archive;
d) Making periodical reports
on receiving, managing and using Certificate draft from localities to the
General Department of Land Administration prior to the 25th date of
December annually.
3. The Division of Natural
Resources and Environment at the place without the land registration Office is
responsible for
a) Preparing plan for use of
Certificate draft of localities and send it to the Department of Natural
Resources and Environment prior to the 20th date of October
annually;
b) Inspecting the management
and use of Certificate draft of district-level land use right registration
Office.
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a) Making report to the
natural resources and environment organs on the needs of use of Certificate
draft prior to the 15th date of October annually;
b) Receiving, managing and
preparing the monitoring book of receipt, issuance and use of Certificate draft
issued to localities;
c) Regularly inspecting the
management and use of Certificate draft in its unit to ensure the consistency between
the monitoring book and a number of Certificate draft actually managed or used;
d) Gathering
and managing the Certificate draft or damaged printed or written Certificate
for destruction;
dd) Making report on receipt, management and use of
Certificate draft to the Department of Natural Resources and Environment every
06 months prior to 20th date of June and annually prior to 20th
date of December.
5. The contents and form of
the monitoring Book of issuance of Certificate draft; the monitoring Book of
receipt, issuance and use of Certificate draft and the reports on receipt,
management and use of Certificate draft under the Form specified in Annex 01
issued together with this Circular.
Chapter III
RECORD OF CONTENTS IN
CERTIFICATE
Article 5. Recording
information on land user or owner of properties associated with the land is
specified in page 1 of Certificate
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a) For domestic individuals,
write “Mr (or “Mrs”), full name, date of birth, name and number of personal
paper (if any), permanent residence. If the personal paper is ID card, write
“ID card No…”, if ID card of People's Army, write “ID Card of People's Army No….”;
if having no ID card, write “Birth certificate No….”;
b) Oversea Vietnamese people
entitled to own houses in Vietnam and foreign individuals entitled to own
houses under regulation, write “Mr (or “Mrs”), full name, date of birth,
nationality; for personal paper, write “Passport No…issued at:…, issue
year:….”; address of permanent residence of such people in Vietnam (if any);
c) If households using land,
write “Household of Mr” (or “Household of Mrs”), full name, date of birth, name
and number of personal paper of householder as specified under Point a of this
Clause, address of permanent residence of household. If the household has no
right to use the Joint land of household, write the name of representative who
is other member of household sharing the land use right of household.
Where the householder or other representative of
household having spouse sharing the Joint land use right of household, write
full name of either spouse,
d) Where the right of land use
and properties associated with the land as the Joint properties of both spouse,
write full name, date of birth, name and number of personal paper, address of
permanent residence of both spouse as stipulated under Point a and b of this
Clause;
dd) For domestic organization, write name of
organization, paper, number and signing date and signing agency of legal paper
(relating to establishment or recognition of organization or certificate or
permit of investment or business under regulations of law); address of main
office of organization;
e) Oversea Vietnamese people
or enterprises with foreign invested capital implementing investment projects
in Vietnam, write name of economic organization which is the entity
implementing investment projects; name of papers, number and signing date and
signing agency of legal paper (relating to establishment or recognition of
organization or certificate or permit of investment or business under
regulations of law); address of main office of organization in Vietnam;
g) For foreign organization
with diplomatic functions, write the name of organization and its address of
main office.
h) For religious
establishment, write its name and address;
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2. Where the land user is not
the owner of properties associated with the land, the Certificate shall be
issued separately to the land user and to the owner of properties associated
with the land. The information on the person issued with Certificate is written
as follows:
a) If the Certificate is
issued to the land user, only write information on the land user as specified
in Clause 1 of this Article;
b) If the Certificate is
issued to the owner of properties associated with the land, only write
information on the owner of properties associated with the land under the
provisions in Clause 1 of this Article, then write “Owning properties on the
land parcel….(specify form of lease, borrowing,…) of…(specify name of leasing
or borrowing organization, household or individual,…)”.
3. Where the land parcel
which the organizations, households or individuals are using or owning the
properties associated with the land, except for cases specified in Clause 4 of
this Article, the Certificate is issued to each organization, household or
individual after the land use right and ownership of properties associated with
the land is defined.
In each Certificate, write all information on the
person issued with Certificate under the provisions in Clause 1 of this
Article, then write “sharing the use of land or ownership of properties
associated with the land (or sharing the use of land or ownership of
properties) with…(specify name of remaining persons sharing the land use right
or ownership of properties associated with the land)”.
Where the land parcel which many organizations,
households or individuals are using or own the properties associated with the
land and have a written agreement upon issue of one Certificate to a
representative (with certificate from the notary public or certification under
regulations of law), the Certificate is issued to such representative. In the
Certificate, write information on the representative as specified in Clause 1
of this Article and on the next line, write “Being the representative for the
persons sharing the use the land (or sharing the ownership of properties
associated with the land or sharing the use of land and sharing the ownership
of properties associated with the land) including:….(specify names of the
persons using land or properties associated with the land)”.
Where there are many persons using land or sharing
the ownership of properties associated with the land and there is not adequate
space to specify their name in page 1, then in the last line of page 1, write
“and other persons having their names at the Note of this Certificate” and at
the Note of the Certificate, write: “The other persons share the use of land
(or share the use of land and ownership of properties associated with the land)
including:…(specify names of the remaining persons sharing the use of land or
ownership of properties associated with the land)”.
4. Where there are many
persons inheriting the land use right or ownership of properties associated
with the land and such inheritors have agreed in writing not to divide the
inheritance and request the issuance of Certificate to a representative for the
entire area of land and properties associated with the land. In this case, a
Certificate shall be issued to such representative. The written agreement must
be notarized or certified under regulations of law. In this Certificate, write
information of the representative under the provisions in Clause 1 of this
Article and in the next line, write “Being the representative of such
inheritors, including …..(specify names of inheritors of land use right and
properties associated with the land)”.
5. In case of issuance of
Certificate to the owner of apartment, the name of apartment owner shall be
specified in such Certificate under the provisions of Clause 1 of this Article.
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Information on the land parcel is specified in the
Certificate for all cases issued with Certificate under the following
provisions:
1. Land parcel number: write
the number of land lot in the cadastral map in accordance with regulations on
establishment of cadastral map of the Ministry of Natural Resources and
Environment.
In case of using the excerpt of cadastral measurement
(for localities having no cadastral map) for the issuance of Certificate, write
the number of land parcel in the excerpt of measurement; in case of measurement
of one land lot, the number of land lot is written as “01”.
2. Map number: write the ordinal
number of cadastral map with the land parcel issued with Certificate within the
range of each of communal-level administrative unit. In case of using the
excerpt of cadastral measurement for the issuance of Certificate, write the
number of excerpt of land lot measurement.
3. Address of land parcel:
write the area (field area, residential area,…); house address, name of street
(if any), name of communal, district and provincial administrative unit where
the land is located.
4. Area: specify the area of
land parcel in Arabic numerals based on square meter (m2)
to be rounded to to one decimal.
Where there is an apartment building on the land
parcel, only specify the area of land shared by owners of apartments under the
provisions in Article 49 of Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government detailing the
implementation of some articles of the Land Law (hereafter referred to as
Decree No. 43/2014/ND-CP).
5. Form of use is written as
follows:
a) In case the whole area of
land parcel is under the use right of one land user (an individual, household,
spouse, residential community, domestic organization, religious establishment,
foreign individual, oversea Vietnamese person,….) then write “Separate use” in
the section of form of use;
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c) In case the land parcel has
garden and pond but the recognized residential area is smaller than the land
lot with its form of separate or Joint use for each type of land, write
“Separate use” and the purpose of use and the area of land of separate use;
write “Joint use” and the purpose of use and the area of land of Joint use. Ex:
“Separate use”: Residential land 120m2, land for perennial crop 300m2;
Joint use: Residential land 50m2, land for annuals 200m2;
6. The purpose of land use is
written under the following provisions:
a) The purpose of land use is
uniformly written with the cadastral book by a specific name for the following
types of land:
- Group of agricultural land:
“ Land for wet rice only”, “ Remaining land for wet rice”, “Land for upland
rice”, “Land for other annuals”, “Land for perennials”, “Land for production
forest”, “Land for protection forest”, “Land for special-use forest”, “Land for
aquaculture”, “Other agricultural land”;
- Types of non-agricultural
land include: “Rural residential land”, “Residential land in urban areas”,
“Land for office building”, “Land for defense”, “ Land for security”, “Land for
building of non-business organization”, “Land for building of cultural
establishments”, “Land for building of social service establishments”, “Land
for building medical facilities”, “ Land for building educational and training
establishments”, “Land for building of sports and fitness establishments”,
“Land for building of scientific and technological establishments”, “ Land for
building of diplomatic establishments”, “Land for building of other
non-business works”, “Land for industrial parks”, “Land for industrial clusters”,
“Land for export processing zones”, “Land for commerce and services”, “Land for
non-agricultural production establishments”, “Land used for mineral
activities”, “Land for production of constructional materials and ceramics”,
“Traffic land”, “Irrigation land”, “Land with historical and cultural
monuments”, “Land with famous landscape”, “Land for living community”, “Land
for public entertainment”, “Land for energy works”, “Land for postal and
telecommunications works”, “Land for markets”, “Land for waste and waste
processing”, “Land for other public works”, “Land for religious
establishments”, “Land for belief establishments”, “Land for building of
cemetery”, or “Land for building of cemetery and crematory”, “Land for
building crematory“, “Land for building of funeral home”, “Land with
special-use water surface”, “Other non-agricultural land”;
b) Land parcel allotted,
leased or recognized the land use right to one land user by the State for many
purposes specified under Point a of this Clause and such purposes must be fully
recorded.
Where the land lot is used for many purposes in
which the main purposes and minor purposes are defined, then after the main
purposes, write “main”;
c) Where the land parcel is
used by many persons together with different purposes of use, in which each
person uses land for a certain purpose, the Certificate issued to each person
must specify the purpose of land use of such person and write “Land lot is also
used for the purpose of……(write the remaining purposes of land use” of other
persons” in the Note of the Certificate;
d) Where the land parcel has
garden and pond in which a part of area is recognized as residential land and
the remaining part is used as recognized for the purposes of the group of agricultural
land, then write “Residential land” and the attached recognized area of
residential land, then write each specific purpose of use of the group of
agricultural land and attached area.
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7. The
duration of land use is specified under the following provisions:
a) Where the State assigns or leases
land, write the duration under the decision for land allotment or leasing;
Where the State recognizes the land use right, write the recognized duration of
use under the regulations of law on land;
b) In case of using land with
definite duration, write “Duration of land use until …/…/...(specify
date, month and year of expiration)”;
c) Where the duration of land
use stable permanent, write "Permanent";
d) Where the land parcel has
garden and pond but the recognized area of residential land is a part of land
lot, write the duration of land use as per each purpose of land use
“Residential land: permanent; Land…(write the name of use purpose as per the
reality of agricultural group of land for the area of garden and pond not
recognized as residential land): Duration of land use until …/…/...(specify
date, month and year of expiration)”;
8. Origin of use is written
under the following provisions:
a) In case of being allotted
land from the State without land use fees, write “allotted land from the State
without land use fees”;
b) In case of being allotted
land from the State with land use fees (including the cases of land allotment
through the auction of land use right; buying of building apartment and in case
of being allotted land from high-tech industrial park or economic zone
management board and in case of being reduced or exempted from financial
obligations), write “the State allots land with land use fees”.
c) In case of leasing land
from the State with one time payment of rental for the whole duration of
leasing (including the cases of land allotment through the auction of land use
right; and in case of being allotted land from high-tech industrial park or
economic zone management board and in case of recognition of land use right in
the form of land leasing with one time payment of rental and in case of being
reduced or exempted from financial obligations), write “the State leases land
with one time payment of rental”;
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dd) Where the land use right is recognized by the
State but the payment of land use fees must be made, including households and
individuals using land for the non-agricultural purpose as per the regulation
on land allotment with land use fees under the regulations of law on land but
not have to make payment or being reduced or exempted from financial
obligations, write “Recognition of land use right as land allotment with land
use fees”;
e) Where the land use right is
recognized by the State under the regulation of land allotment without land use
fees, write “Recognition of land use right as land allotment without land use
fees”;
g) In case of issuance of
Certificate from separation or combination of land lot or re-issuance or
issuance or change of Certificate without change of purpose of land use, write
the origine of land use as recorded in the Certificate first issued and
specified in compliance with the provisions in this Circular.
Where the issued Certificate has no origin of land
use recorded, based on the dossier for issuance of Certificate previously
approved and regulations of law on land at the time of issuance of Certificate,
the origin of land use shall be identified under the provisions in this
Circular;
h) In case of transfer of land
use right and issuance of Certificate to the receiver of transfer of right,
write the form of receipt of transfer of right (such as conversion, assignment,
inheritance, donation, capital contribution, auction winning, mortgage debt
processing, dispute settlement, complaint or denunciation settlement,
implementation of decision (or judgment) of the Court; implementation of
decision of judgment enforcement;…) and write the origin of land use as
recorded in the Certificate first issued and specified in compliance with the
provisions in this Circular. Ex: “Receipt of transfer of land allotted by the
State with land use fees”.
In case of receiving the land use right for
different purposes but the procedures must be done for transfer of purpose of
land use, write the origin of land use in the form specified under Points a, b,
c and d of this Clause in accordance with the form of compliance with financial
obligations with the State after the transfer of purpose of land use;
i) In case of transfer of
purpose of land use with the issuance of Certificate, write under the
regulations for case of land allotment with land use fees from the State (if
the land user makes payment of land use fees for the transfer of purpose);
write under the regulations for case of land leasing from the State (if the
land user transfers to land leasing or continue the land leasing as before
transfer of purpose); write as before the transfer of purpose of land use for
case where the land use right is recognized by the State without making payment
for transfer of purpose and without transfer to land leasing;
k) In case of land leasing,
land sub-leasing from enterprises investing in infrastructure in industrial
parks, industrial clusters, export processing zone, high-tech parks and
economic zones in the form of one time payment, write “Land leasing with one
time payment of from enterprises investing in industrial infrastructure (or
industrial cluster, export processing zone,…)”.
In case of land leasing, land sub-leasing from
enterprises investing in infrastructure in industrial parks, industrial
clusters, export processing zone, high-tech parks and economic zones in the
form of annual payment, write “Land leasing with annual payment of from
enterprises investing in industrial infrastructure (or industrial cluster,
export processing zone,…)”.
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m) In case of reduction or
exemption form financial obligations under regulations of law, write the
reduction or exemption in the Certificate as stipulated in Article 13 of this
Circular.
9. Where the land user uses a
lot of agricultural land parcels and needs the issuance of a joint Certificate,
specify under the following regulation:
a) Address of land user:
indicating the joint address of land parcels, including name of field area (if
any) and name of communal, district and provincial administrative unit;
b) Information about land
parcel, map number, area, form of use, purpose of use, duration, origin of use
is indicated under the provisions in Clause 1, 2, 4, 5, 6, 7 and 8 of this Article in the following table:
Map number
Land lot number
Area
(m2)
Form of use
Purpose of use
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Origin of use
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c) Where the land users use many
agricultural land parcels and cannot indicate all of them in page 2 of the
Certificate, they shall be issued with Certificate for the remaining land lots
as prescribed under Point a and b of this Clause.
Article 7. Specifying
information on house and other properties associated with the land in page 2 of
Certificate
1. The properties associated
with the land indicated in the Certificate are the ones actually constituted at
the time of issuance of Certificate and under the ownership of the person
requesting the issuance of Certificate, except for cases specified in Article
35 of Decree No. 43/2014/ND-CP.
2. Where the properties are
separate houses, the contents are indicated under regulation as follows:
a) Type of house: specify the
type of house under regulations of law on house. Ex: “Separate house”,
“Village”;
b) Constructional area:
specify the built-in area of the house at the contact location with the ground
by the outer edge of wall of the house in Arabic numeral, in unit of square
meter (m2) and rounded to one decimal;
c) Floor area: write in Arabic
numeral and in unit of square meter (m2) and
rounded to one decimal. For one-storey house, write the constructional area of
such house. For multi-storey house, write the total constructional area of all
storeys.
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dd) House grade (class): define and write as per
the regulation of law on house classification, and law on construction;
e) Duration of ownership:
write in the following cases:
- In case of house buying with
definite duration under regulation of law on house, write the date, month and
year of ownership expiration under sale contract or under regulation of law on
house;
- In case of house ownership
on land leased or borrowed from another land user, write the date, month and
year of leasing or borrowing expiration;
- Other remaining cases
without definite duration: write "-/-".
3. If the property is a
building apartment, indicate the contents under regulation as follows:
a) Type of house: “Apartment
No…”,
b) Name of apartment building:
write name or number of apartment building, complex as per investment project,
design or planning approved by the competent authorities;
c) Floor area: write the
usable floor area of apartment under the apartment sale contract;
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dd) Duration of ownership: write in the following
cases:
- In case of apartment buying
with definite duration under regulation of law on house, write the date, month
and year of ownership expiration under sale contract or under regulation of law
on house;
- In case of house buying with
definite duration under regulation of law on house, write the date, month and
year of ownership expiration under sale contract or under regulation of law on
house;
- Other remaining cases
without definite duration: write "-/-".
e) Items of Joint ownership
other than apartment: write name of each item other than the apartment and
attached area (if any) which the owner has the Joint ownership with other
apartment owners under the signed apartment sale contract.
4. In case the property is
other constructional works, indicate the contents under the following
regulations:
a) Type of works: write the
name of works as per the investment project or detailed constructional planning
or investment license or building license approved by the competent
authorities;
b) Detailed information on the
works is indicated in the form of table as follows:
Works items
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Floor area (m2) or capacity
Form of ownership
Works level
Duration of
ownership
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In which:
- Works items: write name of
main items in the decision on project approval or detailed building plan
approval, building license or investment decision or investment license from
the competent authorities;
- Constructional area: specify
the built-in area of the house at the contact location with the ground by the
outer edge of wall of the house in Arabic numeral, in unit of square meter (m2) and rounded to one decimal;
- Floor area (or capacity) is
written under the following regulations:
+ For works as house type:
write as prescribed for house specified under Point c, Clause 2 of this
Articles;
+ For other architectural
works, write their capacity under the approved investment decision or
investment project or investment certificate or investment license. Ex:
“Thermal power plant: 3,000 MW, stadium: 20,000 seats ";
- Form of ownership: write
“Separate ownership” if the works items are owned by one owner; write “Joint
ownership” if the works items are owned by more than one owner; if the works
items have separate and Joint ownership, write “Separate ownership”, “Joint
ownership” in the next lower lines and write the area of Joint ownership and
separate ownership in the respective lines in columns “Constructional area”,
“Floor area or capacity”;
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- Duration of ownership of
works is written under the following regulations:
+ Where the works are located
on the land leased or borrowed from another land user, write the date, month
and year of termination of duration of leasing or borrowing;
+ In case of works sale with
definite time, write the date, month and year of termination under the works
sale contract.
+ Other remaining cases
without definite duration: write "-/-".\
c) Constructional works
associated with the land specified in this Clause must be the type of works
under the classification system of constructional works under regulations of
law on construction.
5. Where
the properties are production forests as grown forests, indicate the contents
under the regulation as follows:
a) Type of forest: specify the
main type of grown trees;
b) Area: specify the area with
forest owned by the person issued with Certificate in Arabic numerals in square
meter;
c) Origin of creation is
indicated as follows:
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- Where the forest is allotted
by the State to households, individuals or residential community without fees,
write ““Allotted by the State without fees”;
- Where the forest is grown by
the request of issuance of Certificate by the capital without origin from State
budget, write “Self-grown forest”;
- Where the forest has origins
for each different area, indicate each type of origin and forest area as per
each attached area;
d) Form of ownership: write
“Separate ownership” if the forest is owned by one owner; write “Joint
ownership” if the forest is owned by more than one owner; if the forest has an
area of separate ownership and an area of joint ownership, write “Separate
ownership…m2; joint ownership…m2”;,
dd) Duration of ownership: to be indicated for case
of forest sale with definite duration or the forest owner grows it on the land
leased or borrowed from another land user; information indicated is date, month
and year of termination of duration of sale, leasing or borrowing. The
remaining cases without definite duration: write "-/-".
6. Where the properties are
perennials, indicate the contents under regulation as follows:
a) Type of tree: write the
type of grown perennial; in case of growing of various types of perennial,
write the main types of grown perennial;
b) Area: write the area of
grown perennials under the ownership of the person issued with Certificate in Arabic
numerals in square meter;
c) Form of ownership: write
“Separate ownership” if the perennial garden is owned by one owner; write
“Joint ownership” if the perennial garden is owned by more than one owner; if
there is a part of area of separate ownership and a part of area of joint
ownership, write “Separate ownership… m2; joint
ownership… m2";
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Where an apartment building
is owned by one owner, issue 01 Certificate for the whole apartment building
and write as prescribed in Clause 2 of this Article, in which the type of
residential house is indicated as “Apartment building”.
Where an apartment building has various purposes, a
part of which is residential apartments and a part is for purpose of commerce,
services, working office owned by one owner, issue one Certificate for the
whole complex and write under the provisions in Clause 4 of this Article.
Where a part of apartment building (a number of
apartments, working offices, commercial and service establishments) owned by
one owner, indicate the type of property as “Complex”; next specify name of
apartment building and detailed information on each apartment, working offices
and commercial and service establishments in the following table:
Type of property
and number
Floor area (m2)
Form of ownership
Duration of
ownership
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Type of property
Built-in area (m2)
Floor area (m2) or capacity
Form of ownership
Grade/class
Duration of
ownership
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
If the properties are perennials, in columns “Floor
area or capacity”, “Grade/class”, write "-/-".
Where it is impossible to indicate all properties
in page 2 of the Certificate, issue another Certificate to indicate all
remaining properties; from the second Certificate onwards, the detailed
information on the land parcel is not specified as in the first Certificate but
at point “1. Land parcel” write “Information
on the land lot with use right indicated in Certificate with serial
No….(specify the serial number of the first Certificate)”.
9. Where at the time of
issuance of Certificate, the land parcel has no property associated with the
land or has property associated with the land but the land user (is also the
property owner) has no need for certification of property ownership or
ownership of property associated with the land owned by another person or the
land user requests the certification of ownership of property but there is not
adequate condition for certification, at the point concerning the property
associated with the land in page 2 of the Certificate, write "-/-".
Ex:
"2. Residential
house:
3. Other
constructional works:
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5. Perennial:
-/-
-/-
-/-
-/-".
Article 8. Recording
the contents of Certificate in case the land parcel has an area of land and
properties associated with the land owned by many persons and owned by each
person without split into separate land parcel
1. Where a person has a
separate use right to a part of area of land parcel and a part of properties
associated with the land and has a joint ownership to a part of area of land
lot and a part of properties associated with the land, the Certificate issued
to such person shall be recorded as follows:
a) Information on the person
issued with Certificate is written in page 1 of the Certificate under the
provisions in Clause 1, Article 5 of this Circular;
b) Information on the land
parcel and properties associated with the land is written in page 2 of the
Certificate under the provisions in Article 6 and the Clauses 1,
2, 3, 4, 5, 6 , Article 7 of this Circular, in which:
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- Area of property (including
the constructional area and floor area): specify the total area of property of
which the person issued with Certificate has a separate and joint ownership
with others. For the form of land use, write each form and area of separate and
joint ownership as stipulated under Point d, Clause 2, Point d, Clause 3, Point
b, Clause 4, Point d, Clause 5 and Point c, Clause 6, Article 7 of this
Circular.
Where the properties associated with the land
include different types and items, including part of separate and joint
ownership, make a table as stipulated in Clause 8, Article 7 of this Circular
to list information on each property or each property item as in the example
below:
Type of property
Built-in area (m2)
Floor area (m2) or capacity
Form of ownership
Grade/class
Duration of
ownership
House
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100
150
Separate
Joint
3
-/-
-/-
Store
25
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Joint
4
-/-
Perennial
500
-/-
Joint
-/-
-/-
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2. Where a person has a joint
use right to a part of area of land parcel and has a joint ownership to a part
of properties associated with the land without use right of separate land and
ownership of separate property, the Certificate issued to such person shall be
recorded as stipulated in Article 5, 6 and Clauses 1, 2, 3, 4, 5,
6 Article 7 of this Circular and under the following provisions:
a) Area of usable land: only
write the part of land area of which the person issued with Certificate has the
right to joint use with others in the form of joint use;
b) Area of property (including
constructional area and floor area): only write the property area of which the
person issued with Certificate has the right to joint use with others in the
form of joint use;
Article 9. Recording
the contents of Certificate in case the properties associated with the land are
located on land parcels of many users
1. Where the properties
associated with the land are located on land parcels under the use right
of many users who are the joint owners of the properties associated with the
land, the Certificate shall be issued to each land user and is recorded as
follows:
a) Information on the person
issued with Certificate is recorded as stipulated in Clause 1, Article 5 of
this Circular;
b) Information on the land
parcel of the person issued with Certificate is recorded as stipulated in
Article 6 of this Circular;
c) Information on all
properties located on adjacent land parcels of which the person issued with
Certificate has the joint ownership with others is recorded as stipuated in
Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Circular, in which the area of properties
associated with the land is recorded in the form of joint ownership.
In the Note of page 2 of the Certificate, write
“Joint ownership….(specify the type of property of joint ownership)
with….(specify the name of other persons jointly owning the properties)”.
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a) Write the information on
the land user and information on the land parcel of such person in the
Certificate as stipulated in Clause 1, Article 5 and 6 of this Circular; the
information on the properties associated with the land is recorded with "-/-";
b) Write the information on
the property owner in the Cetificate issued to the property owner as stipulated
under Point b, Clause 2, Article 5 of this Circular.
The information on the land parcel leased (or
borrowed,…) is recorded as follows:
- Address of used land:
indicate information on joint address of the land parcels, including the name
of communal, district and provincial administrative units;
- Information on the land
parcel such as land lot number, map number, area, purpose of use, duration of
use, origin of use that are indicated as stipulated in Article 6 of this
Circular in the following table:
Map number
Land parcel number
Area
(m2)
Purpose of use
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Origin of use
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Article 10. Recording
on the Certificate in case the land lot of a person used for one purpose is
located on administrative units
1. Where the land lot is in the
range of communal administrative units, each part of area in the range of each
communal administrative unit is defined as a land parcel in order to record it
in the Certificate.
2. Where the land lot is under
authority to issue the Certificate of an organ, a Certificate shall be issued
to indicate all land parcels as stipulated in Clause 1 of this Article as
follows:
a) The information of each
land parcel is recorded as stipulated in Article 6 of this Circular in the
following table:
Map number
Land parcel number
Address
Area (m2)
Form of use
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Duration of use
Origin of use
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...
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b) Information on properties associated
with the land is indicated as stipulated in Article 7 of this Circular in the
following table:
Type of property
Built-in area (m2)
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Form of ownership
Grade/class
Duration of
ownership
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In this table, in column “Type of property”, there
should be the address of where the property is located (at commune….)”; if the property
item is located on more than 01 communal administrative unit, each part of area
of property located on each communal administrative unit must be identified and
indicated.
3. Where the land lot is
located on more than one communal administrative unit under the authority to
issue the Certificate of different organs, each land parcel is recorded in a
separate Certificate and the information on the land parcel and property
associated with the land is indicated as stipulated in Article 6 and Article 7 of this Circular.
Article 11. Recording
the contents in the Note of Certificate
1. Where in the decision on
land allotment, leasing, conversion of land use purpose, renewal of land use,
contract or written receipt of transfer of land use right and other papers on
land use right under regulations of law on land; papers on ownership of
property associated with the land specified in Article 31, 32, 33
and 34 of Decree No. 43/2014/ND-CP with the contents of limitation of land use right and the
ownership of properties associated with the land, such contents of limitation
shall be recorded based on such papers.
2. Where the land parcel or a
part of land parcel is in the safety corridor of works announced and set up
landmark, write “The land parcel is in the safety corridor of works…(specifiy
name of works with safety corridor)”, or write “The land parcel has …. m2 of land located in the safety corridor of works…”
in case a part of land parcel is located in the safety corridor of works.
3. Where there is no cadastral
map, write “The number and area of land parcel have not been identified as per
cadastral map”.
4. The contents noted in other
cases are recorded under the provisions in Clause 3, Article 5, Point c, Clause
6, Article 6, Point c, Clause 1, Article 8, Point c, Clause 1, Article 9 and
Article 13 of this Circular.
Article 12. Outline
of land parcel, house and other properties associated with land in the
Certificate
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a) The outline of land parcel
is indicated with information, including:
- Shape of land parcel length
of its sides;
- Land parcel number or name
of adjacent works, North – South direction instruction;
- Building line and landmark
of land use planning, building line and landmark of safety corridor of works on
the land parcel issued with Certificate are indicated with broken line
interspersed with dotted line and note of building line and landmark;
- Where the land parcel is
consolidated from other land parcels with different origin and duration of use
or with a part of land of separate use of one person and a part of land of
joint use of more than one person, the boundary between parts of land is
indicated with broken line interspersed with dotted line and note of purpose of
such boundary.
Where the land has apartment building and the land
area of joint use of apartment owners is a part of area of the land parcel, the
range of boundary of part of land jointly used must be indicated.
b) Cases without record on the
outline are:
- Issue of one joint
Certificate for more than one agricultural land parcels;
- Land for works construction
in line. Ex: “Traffic road, electricity path and water path of investment
organization in the form of BOT”.
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a) The outline of house and
other properties associated with the land is indicated with continuous broken
line on the outline of land parcel at the corresponding location on the field;
in case the boundary of house and other properties associated with the land is
overlapped with the boundary of land parcel, indicate the outline as the
boundary of land parcel;
b) Outline of house (except for
apartment building) and constructional works indicates the range of
constructional boundary (as the built-in range at the contact location with the
ground by the outer edge of wall) of house or constructional works.
c) In case of apartment building,
indicate the floor outline of apartment in which the location, shape of floor
based on the exterior wall of apartment (Do not indicate each room in the
apartment), symbol (arrow) for door and size of apartment sides.
d) In case of additional certification
or change of properties associated with the land in the Certificate, indicate
the addition or adjustment of property outline accordingly with the seal of the
land registration office, branch of land registration office or land use right
registration office. In case of certification of addition or change of
properties associated with the land but failure to add or adjust the property
outline in page 3 of the Certificate, make record in the additional Page of
Certificate or issue a new Certificate upon the request of the land user or
property owner.
3. The size of outline
recorded on the Certificate is based on the size and area of each land parcel
and the properties associated with the land for suitable record.
Where the land parcel and the properties associated
with the land has a greater area or complex shape with a lot of works items and
it is impossible to record all outline in a part of page 3. In this case, use
the whole page 3 to record it accordingly.
The form and contents of the outline of land parcel
and the properties associated with the land are specifically instructed in the
Annex 02 issued with this Circular.
Article 13. Recording
the contents of debt, reduction and exemption from financial obligations
1. The debt, reduction and
exemption from financial obligations are indicated in the Note of page 2 of the
Certificate; the certification of cancellation of debt of financial obligations
is recorded in section “IV. Changes after issuance of Certificate” of the
Certificate.
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2. The contents of debt,
reduction and exemption from financial obligation are recorded as follows:
a) In case of debt of
financial obligation upon issuance of Certificate with the debt amount defined
under regulations of law, write “Debt…(specify the debt of financial
obligation, debt amount in figure and letter) according to…..(specify name,
number, signing date and organ signing the paper showing the debt amount)”.
In case of recording the debt of financial
obligation upon issuance of Certificate without defining the debt amount under
regulation of law, write “Debt….(specify the debt of financial obligation)”;
b) In case of debt
cancellation, write “Debt is cancelled….(specify the cancelled debt of
financial obligation) according to….(specify name, number, signing date and
organ signing the document of debt cancellation)”.
In case of making full payment of financial
obligation, write “Fulfilled financial obligation according to…(specify name,
number, signing date and organ signing the voucher of payment of financial
obligation”;
c) Where
the State allots land with land use fees but allows the exemption from payment
of land use fees, write “Exempted from land use fees according to….(specify
name, number, signing date and organ signing the document confirming the
payment exemption)”.
In case of reduction in land use fees, write “Land
use fees reduced:….(specify the reduced amount or the percentage) according
to….(specify name, number, signing date and organ signing the document
confirming the reduction)”;
d) In case of land leased from
the State but exempted from land leasing fees for the whole duration of
leasing, write “Exempted from land leasing fees according to…(specify name,
number, signing date and organ signing the document confirming the exemption)”;
In case of reduction in land leasing fees, write
“Land leasing fees reduced:…(specify the reduced amount or the percentage and
the number of year of reduction if any) according to…(specify name, number,
signing date and organ signing the document confirming the reduction)”
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1. Specifying the contents of
part of signing of Certificate as follows:
a) Specify the name of place
where the Certificate is issued and date, month and year of signing of
Certificate;
b) Where the organ issuing
Certificate is the district or provincial People’s Committee, write as follows:
FOR THE PEOPLE’S COMMITTEE…..(Specify the
name of competent administrative unit issuing Certificate)
CHAIRMAN
Signature and seal of the People’s Committee and
full name of the signer;
c) Where the Department of
Natural Resources and Environment is authorized by the provincial People's
Committee to sign the Certificate, write as follows:
FOR THE PEOPLE’S COMMITTEE…..(Specify the
name of administrative unit)
BY ORDER OF CHAIRMAN
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Signature and seal of the Department of Natural
Resources and Environment and full name of the signer;
d) the Department of Natural
Resources and Environment signs the Certificate under its authority, write as
follows:
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT…(Specify
name of provincial administrative unit)
DIRECTOR
Signature and seal of the Department of Natural
Resources and Environment
2. The number recorded in the
Certificate issuing book is written in letter and figure (as the ordinal number
recorded in the Certificate issuing book) as follows:
a) For the Certificate issued
by district People’s Committee, write “CH”, next, write the ordinal number in
the Certificate issuing book, including 5 digits and the ordinal number of
Certificate issued according to Circular No. 17/2009/TT-BTNMT
dated 21 October 2009 of the Minister of Natural Resources and Environment
concerning the Certificate of land use right, ownership of house and other
properties associated with land (referred to as Circular No.
17/2009/TT-BTNMT);
b) For the Certificate issued
by provincial People’s Committee or Department of Natural Resources and
Environment, write “CT”, next write the ordinal number in the Certificate
issuing book including 5 digits established as per each provincial
administrative unit and the ordinal number of Certificate issued according to
Circular No. 17/2009/TT-BTNMT.
Where the Certificate is issued by the Department
of Natural Resources and Environment to household, individual, residential area
or oversea Vietnamese entitled to own their houses in Vietnam, write “CS”, next
write the ordinal number in the Certificate issuing book including 5 digits established
as per each communal administrative unit and the system of ordinal numbers in
the Certificate issuing book in case of issuance from the district People’s
Committee as prescribed under Point a of this Clause.
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1. The barcode is printed at
the end of page 4 upon issuance of Certificate.
2. The barcode is used to
manage and look up information on Certificate and dossier of Certificate
issuance; the content of barcode is the positive integers with structure as MV = MX.MN.ST, in which:
a) MX is the code of communal
administrative unit where the land parcel is located and is stipulated under
the decision of the Prime Minister on the list and code of Vietnam’s
administrative units; in case of issuing Certificate to the land lot located on
more than one communal administrative unit, write the code of the commune with
the largest area.
In case of issuing Certificate under the authority
of provincial People’s Committee, write the code of the province or
centrally-run city under regulation before the code of commune, ward or town
where the land lot is located.
b) MN is the code of year of
Certificate issuance, including last 2 digits of the signing year of
Certificate;
c) ST is the archiving ordinal
number of land registration dossier and procedures similar to the Certificate
first issued under regulations on cadastral dossier of the Ministry of Natural
Resources and Environment.
Where there is not adequate space for record in a
Certificate for a registration dossier and must record in many Certificates for
issuance as stipulated under Point c, Clause 9, Article 6 and Clause 8, Article
7 of this Circular, such Certificates shall be recorded with the same archiving
ordinal number of such dossier.
Article 16. Form
and size of letter written in the Certificate
1. The form and size of letter
written in the Certificate is done as follows:
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b) The content of information
of section I, II, III, IV in the Certificate is printed in
font 'Times New Roman, Regular', size of at least “12” and
printed in “Bold” font and the size of at least “13” for the name of land user
or owner of properties associated with the land in section I
2. The color of letters digits
recorded in the Certificate is black color.
Chapter IV
CERTIFICATION OF CHANGE
IN CERTIFICATE AND DUPLICATION AND SCANNING OF CERTIFICATE
Article 17. Cases
of certification of change in the issued Certificate upon registration of
change of land and properties associated to the land
1. The cases of certification
of change in the issued Certificate to be delivered to the land user or owner
of properties associated to the land upon registration of change of land and
properties associated to the land include:
a) Receiving the use right of
all area of land, the ownership of all properties associated to the land whose
Certificate has been issued in cases of conversion, transfer, inheritance,
donation, capital contribution, successful reconciliation on land dispute
recognized by the competent People’s Committee; agreement in mortgage contract
for debt settlement; administrative decision of the competent state authorities
on settlement of land dispute, complaint or denunciation concerning land,
decision or judgment of the People’s Court, effective judgment enforcement
decision of the enforcement organ; written recognition of result of auction
winning of land use right in accordance with regulation of law;
b) Transfering the use right
of a part of area of land parcel, a part of properties associated with the land
whose Certificate has been issued to others in the cases specified under Point
a of this Clause or transferring the use right of one or a number of land
parcel among the land parcels issued with a joint Certificate, the transferor
is entitled to certifying in the issued Certificate.
c) Transferring the land use
right, ownership of house and other properties associated with the land of
husband or wife into the joint land use right or joint ownership of properties
of spouse.
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dd) Investors who are allotted land or lease land
from the State to invest in infrastructure in industrial parks, industrial
clusters, export processing zones, economic zones, high-tech parks register the
land leasing or sub-leasing, cancellation of registration of land leasing or
sub-leasing;
e) Househholds and individuals
that establish private enterprises or vice versa; transform their companies,
split, separate, merge or consolidate enterprises not subject to the case of
transfer of land use right or ownership of properties associated with land;
g) Land users or owners of
properties associated with land are allowed to change name and personal and
legal information and address;
h) Reduction in area of land
parcel due to natural landslide;
i) Change of limited right of
land user or owners of properties associated with land;
k) Change of financial
obligations recorded in the Certificate;
l) Change of properties
associated with land recorded in the Certificate; certification of addition of
properties associated with land in the issued Certificate;
m) Change of information on
the number of land parcel; area of land parcel from measurement; name of
administrative unit where the land parcel is located;
n) Transfer of purpose of land
use;
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p) Transfer from the form in
which the State leases land with annual land use fees to the form of land
leasing with one time payment for the whole duration of leasing; from the form
in which the State allots land without land use fees to the form of land
leasing; from land leasing to land allotment with land use fees under
regulations of law on land;
q) Confirmation, change or
termination of limited use right of adjacent land parcel;
r) The State recovers a part
of area of land parcel which has been issued with Certificate;
s) Correction of contents in
the issued Certificate due to mistake during writing or printing;
t) Certificate has been issued
jointly for many land parcels and there is a land parcel separated for issuance
of separate Certificate.
2. Cases of registration of
change issued with Certificate of land use right, ownership of house and other
properties associated with the land include:
a) Consolidation of land
parcels into a new land parcel; splitting of a land parcel into new land
parcels in accordance with regulations of law;
b) Transfer of use purpose of
a part of land parcel with permission from the competent authorities;
c) Person leasing or
sub-leasing the land use right of investors who are allotted land or lease land
for investment in construction of infrastructure in industrial parks,
industrial clusters, export processing zones, economic zones, high-tech parks;
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dd) Agreement upon consolidation or division of
land use right or properties associated with land of households, spouse or
group of people of joint ownership or use.
e) Certification of addition
of ownership of properties associated with land on the land parcel which has
been issued with Certificate;
g) Change of all information
on the land parcel from the measurement and making of cadastral map;
h) The issued Certificate is
damaged or lost;
i) Cases of registration of
change in land use right or ownership of properties associated with land but
there is not adequate space for certification of change in page 4 of the
Certificate;
k) Cases of registration of
change in land use right or ownership of properties associated with land
specified under Points a, b, e, g, h, l, m, n and r, Clause 1 of this Article and
the land user or owner of properties associated with land has a need for
issuance of new Certificate.
Article 18. Content
of certified change in the issued Certificate
The content of certified change is recorded
in the column “Content of change and legal ground” in the Certificate in the
following cases:
1. Transfer of land use right
or ownership of properties associated with land is recorded under the following
provisions:
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Ex: “Transferring to Mr Nguyen Van A, ID No. 020908673 and his wife, Mrs Nguyen Thi B, ID No.
020908675, address: 65 Giai Phong st, Phuong Mai ward, Dong Da dist,
Hanoi; based on dossier No. 010656.CN.001";
- “Passing inheritance to
Mr Tran Van C, ID No. 020908683 and his wife, Mrs Nguyen Thi D,
ID No. 020908685, address: 65 Giai Phong st, Phuong
Mai ward, Dong Da dist, Hanoi; based on dossier No.
010656.CN.001";
- “Transfer of right under
the agreement in the mortgage contract for debt settlement for Mr Nguyen Van A,
ID No. 020908673 and his wife, Mrs Nguyen Thi B,
ID No. 020908675, address: 65 Giai Phong st, Phuong
Mai ward, Dong Da dist, Hanoi; based on dossier No.
010656.CQ.003";
b) In case of transferring the
use right of a part of area of land parcel or a part of properties associated
with land in cases specified under Point b, Clause 1, Article 17 of this
Circular, in the Certificate of the transferring party, write: form (or reason)
of right transfer; type of property, name and address of receiving party; area
of right transfer and number of land parcel after splitting for right transfer;
code of registration dossier and procedures; remaining area and number of land
parcel after splitting without right transfer.
Ex: “Transfer of land use right to Mr Nguyen Van
A, ID No. 020908673, address: 65 Giai Phong st,
Phuong Mai ward, Dong Da dist, Hanoi, area: 70m2,
land parcel No. 203; based on dossier No. 010678.CN.001; remaining area 150m2,
land parcel No. 204";
c) Where the Certificate has
been issued to many land parcels but the land user has transferred the use
right of one or a number of land parcels, in the Certificate of the
transferring party, write: form (or reason) of right transfer; transferred land
parcel number; name and address of the receiving party; code of registration
dossier and procedures;
2. Where the investor builds
the apartment building for sale or sale in combination with leasing and is
issued with Certificate of land use right, when performing the procedures for
right transfer to the first apartment buyer, the Certificate issued to the
investor is recorded “The land parcel has transferred to the form of joint
use”; where the land parcel used for apartment building has a part of area
under the joint use of apartment buyer and a part under the use right of the
investor as prescribed by law, it is required to measure and split into
separate land parcels to be issued with Certificate.
Where the ownership of apartments has been
certified in the Certificate of the investor, when the investor transfers the
ownership of apartment, in the Certificate of the investor, write “Sold
apartment No…. based on dossier No…(specify code of registration
dossier and procedures)”.
3. In case of cancellation of
registration of capital contribution with the land use right or properties
associated with land, write “Cancelled the content of capital contribution on …/.../...(specify date of previous registration of capital
contribution); based on dossier No……(specify code of registration
dossier and procedures)”.
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5. In case of registration of
mortgage, de-registration of mortgage or registration of change of content of
mortgage with land use right or properties associated with land, write as
follows:
a) In case of mortgage with
land use right or properties associated with land, write “Mortgage with…(write
name of mortgage as the land use right or properties associated with land or
the land use right and properties associated with land or the properties
associated with land to be formed in the future) at…(write name and address of
mortgage receiver) based on dossier No….…..(specify code of registration
dossier and procedures)”.
b) In case of change of
mortgage content with the land use right and the properties associated with
land, write “Content of mortgage registration on.../.../...has
changes….(specify the content of mortgage before and after change) based on
dossier No….…..(specify code of registration dossier and procedures)”.
c) In case of cancellation of
mortgage registration with the land use right and the properties associated with
land to be formed in the future, write “Cancellation of content of mortgage
registration on …/.../... (specify date of previous
mortgage registration) based on dossier No….…..(specify code of registration
dossier and procedures)”.
6. Where the investor makes
investment in infrastructure in industrial parks, industrial clusters, export
processing zones, economic zones, high-tech parks for land leasing and
sub-leasing, in the Certificate of such investor, write “Leasing….(specify name
and address of leasing or sub-leasing party) a land parcel (or land lot)
No….area… m2; based on dossier No….…..(specify
code of registration dossier and procedures)”.
In case of termination of land leasing or
sub-leasing, the Certificate issued to the land leasing party shall be revoked;
in the Certificate of enterprise investing in infrastructure, write: “
Cancelled registration of leasing or sub-leasing of land use right on…/.../... based on dossier No….…..(specify code of
registration dossier and procedures)”.
7. Where the land user or
owner of properties associated with land changes his/her name and personal
and legal information and address, write “The land user (or owner of properties
associated with land)….(specify the content of change: name, ID card,
investment Certificate,….address) from….into …(specify information before and
after change) based on dossier No….…..(specify code of registration dossier and
procedures)”.
In case of transformation of households or individuals
using land into the economic organization of such households or individuals or
transformation of form of enterprise not subject to the case of transfer of
land use right or ownership of properties associated with land, write “The land
user (or owner of properties associated with land) changed the name to
…(specify name and legal papers before and after transformation) by…(specify
form of establishment or transformation of enterprise) based on dossier
No….…..(specify code of registration dossier and procedures)”.
8. In case of change of area
due to natural landslide of a part of land parcel, write “Natural landslide… m2 based on dossier No….…..(specify code of
registration dossier and procedures)”; in case of landslide of the whole area
of the land parcel, write “Natural landslide of the whole land parcel No….
based on dossier No….…..(specify code of registration dossier and procedures)”.
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In case of change of administrative unit or
adjustment of administrative boundary under the decision of the competent state
organ, write “The name of commune (or ward, town, district…) was changed
into…(specify new name of administrative unit)”;
10. In case of transfer of
purpose of land use, write “The purpose of land use was transferred from
land….to land…(specify the purpose of use before and after the transfer) under
Decision No…, dated…/…/…, based on dossier No….…..(specify
code of registration dossier and procedures)”.
11. In case of renewal of land
use, write “Renewal of land use until…/…/…, based on
dossier No….…..(specify code of registration dossier and procedures)”.
Where the agricultural land of households or
individuals directly carry out the agricultural and forestry production and aquaculture
and make salt and are allowed to continue using the land, write “Continue using
the land until…/…/…".
12. In case of transfer from
the form of land leasing to land allotment by the State with land use fees or
from land leasing with annual land use fees to the land leasing with one time
payment for the whole duration of leasing or from the form of allotment of land
without land use fees to land leasing by the State, write “The form of land use
was changed from….to…(specify form of land use before and after the transfer)
from…/…/…, based on dossier No….…..(specify code of
registration dossier and procedures)”.
13. In case of confirmation or
change or termination of limited use right of adjacent land parcel, write as
follows:
a) In case of confirmation of
limited use right of adjacent land parcel, in the Certificate of the receiver
of limited use right, write “Being entitled to….(specify the content of limited
use right) on the land parcel No…based on…(specify the name of document
confirming the limited use right) dated .../.../…".
In the Certificate of the transferer of limited use
right, write “The user of land parcel No….is entitled to….(specify the content
of limited use right) on the land parcel No….(specify the number of land parcel
of the transferer of limited use right) based on…(specify the name of document
confirming the limited use right) dated .../.../…".
b) In case of change of
limited use right of the adjacent land parcel, in the Certificate of of the
parties concerned, write “The limited use right of the adjacent land parcel
registered on …/…/…has changes…(specify the content of
change) based on…(specify the name of document confirming the change of limited
use right) dated .../.../…".
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14. In case of change of
content of limited use right of land or properties associated with the land, in
the Certificate, write “Limitation of….(specify the content of limitation with
change) has changed…(specify the content of change or cancellation of such
limitation) based on dossier No….…..(specify code of registration dossier and
procedures)”.
15. In case of change or
supplementation of properties associated with the land, write as follows:
a) in case of change of
properties associated with the land recorded in the Certificate (such as change
of use, area, form of ownership, duration of ownership,…), write….(name of
property recorded in the Certificate with change) has changed…(specify content
of information before and after the change) based on dossier No….…..(specify
code of registration dossier and procedures)”.
b) In case of supplementation
of property associated with the land, write “Certification of supplementation
of ownership for….(specify each information on the property with certified
supplementation as prescribed in Article 7 of this Circular)”.
16. Where
the State recovers a part of area of land parcel issued with Certificate, in
the issued Certificate, write “The State recovered…. m2,
the remaining area is ... m2 with the land
parcel number as…., the remaining properties associated with the land
is….(write in case of certification of ownership of properties associated with
the land) based on dossier No….…..(specify code of registration dossier and
procedures)”.
Where the land user voluntarily donates a part of
area of land parcel issued with Certificate for traffic road, irrigation or
other public works, in the issued Certificate, write “Donated… m2
for…(traffic road or irrigation or other public works) based on…(specify name
and date of signing of document on land donation); remaining area…. m2".
17. In case of detection of
mistake or confusion about the content of information specified in the
Certificate, write “ The content….(specify content with mistake) has mistake
and is corrected as….(specify the corrected information) as per the inspection
record dated….of….”.
18. In case of land recovery
or transfer of land use right or ownership of properties associated with the
land or renewal of Certificate or other reasons with the recovery of issued
Certificate, before archiving, specify the reasons for recovery and certify
with seal of the land registration office, branch of land registration office
or land use right registration office in page 1 of the Certificate.
Article 19. Organ
certifying the change in the issued Certificate
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a) In
case of change as prescribed in Clause 1, Article 17 of this Circular and not
subject to the cases specified under Point b of this Clause, the land
registration office or branch of land registration office shall certify under
the authority defined by the provincial People’s Committee.
For localities without the establishment of land
registration office, the land use right registration office shall continue the
certification in the issued Certificate based on the functions and duties
assigned before the effective date of this Circular.
b) The correction of mistake
and in case of certification of supplementation of ownership of properties
associated with the land in the issued Certificate shall be done by the organ
having the authority to issue the Certificate as prescribed in Article 105 of
the Land Law and Article 37 of Decree No. 43/2014/ND-CP.
2. The organ specified in
Clause 1 of this Article shall record the date, month and yea; sign, seal and
record full name and position of the signer in column “Certification of the
competent authorities”.
Article 20. Pages
of Certificate indicating the content of change certification
1. The page 3 and 4 of the
Certificate are used to certify the change in cases specified in Clause 1,
Article 17 of this Circular, except for cases specified in Clause 2 of this
Article.
2. The additional page of the
Certificate specified under Point dd, Clauase 1, Article 3 of this Circular is
used to certify the changes in the following cases:
a) Registration of mortgage,
change of registered contents or de-registration of mortgage with the land use
right or ownership of properties associated with the land;
b) Leasing or sub-leasing of
land or cancellation of leasing or sub-leasing of land of the enterprise
investing in infrastructure in industrial parks, industrial clusters, export
processing zones, economic zones and high-tech parks;
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d) Record of outline of
properties associated with the land in cases specified under Point d, Clause 12
of this Circular.
3. When using the additional
page of the Certificate, the ordinal number of this page must be recorded and
jointly sealed with page 4 of the Certificate (the seal of the competent
authorities specified in Article 19 of this Circular); write the note:
“Attached to this Certificate is the additional Page No.:01,…” at the end of
page 4 of the Certificate; write in the note column of the Certificate issuing
Book the number of issued additional Page.
Article 21. Certification
of change for types of Certificate issued in old form
The Certificate of land use right, Certificate of
ownership of house and land use right, Certificate of house ownership and
Certificate of ownership of constructional works that were issued before 10
December 2009 (the effective date of the Decree No. 88/2009/ND-CP dated 19 October 2009 of the Government on issuance of
Certificate of land use right, ownership of house and properties associated
with the land) but have changes in cases specified in Clause 1, Article 17 of
this Circular shall be certified for such changes in the issued Certificate as
stipulated in Articles 18, 19 and 20 of this Circular.
Article 22. Duplication
and scanning of Certificate for archiving
Before delivering the Certificate to the grantee, the
land registration office, branch of land registration office or land use right
registration office must duplicate and scan such Certificate under the
following provisions:
1. Certificates signed for
issuance with certified changes are scanned to archive in the database of land.
2. For localities without
database of land, duplicate one copy (in the form of certified copy with the
seal of the land registration office, branch of land registration office or
land use right registration office for archiving in cadastral records.
3. Where the Certificate has
certified contents or certification of change of house ownership,
constructional works, production forest as grown forest but the locality has
not developed the database of land to be connected with the local state
management organs on construction, housing and agriculture, make an additional
copy as stipulated in Clause 2 of this Article to be sent to the state
management organs for the type of property issued with Certificate for
management.
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1. The land registration
office or land use right registration office shall make a list of oversea
Vietnamese and foreign individuals who have bought houses associated with the
residential land use right issued with Certificate according to the Annex 01
attached to this Circular and send it to the Ministry of Construction and the
Ministry of Natural Resources and Environment during 05 working days from the
date of handover of Certificate to the grantees.
2. The General Department of
Land Administration shall summarize and publicize the list of oversea
Vietnamese and foreign individuals and organizations entitled to owning house
in Vietnam on the website of the Ministry of Natural Resources and Environment.
3. The land registration
office and the branches of land use right registration office and other organs
concerned, when performing the notary procedures, contract certification or
documents of transfer of house ownership and issuing Certificate to the
receivers of house ownership who are the oversea Vietnamese and foreign
individuals entitled to owning a house in Vietname, must look up information
about the house ownership of such persons on the website of the Ministry of
Natural Resources and Environment.
Chapter V
IMPLEMENTATION
PROVISION
Article 24. Effect
and transitional provision
1. This Circular take effect
from 05 July 2014.
2. This Circular replaces the
Circulars: Circular No. 17/2009/TT-BTNMT; Circular No. 20/2010/TT-BTNMT dated 22 October 2010 of the Minister of
Natural Resources and Environment stipulating the supplementation of
Certificate of land use right, ownership of house and other properties
associated with the land; Circular No. 16/2011/TT-BTNMT
dated 20 May 2001 of the Minister of Natural Resources and Environment
stipulating the adjustment and supplementation of some contents related to the
administrative procedures concerning the field of land.
3. The Certificate draft
issued under the provisions in Circular No. 17/2009/TT-BTNMT
continues to be used to record the contents as prescribed by this Circular.
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5. The issuance of Certificate
in case of land allotment beyond the authority specified in Article 23 of
Decree No. 43/2014/ND-CP is
considered and determined for each specific case after clarification and
responsibility handling to the land allotter beyond the authority as prescribed
by law. Only issuing Certificate to the case of stable use of land without any
dispute, in accordance with land use planning, detailed planning of urban
construction or constructional planning of rural residential point and new
rural planning approved the competent state authorities and fulfillment of
financial obligations as prescribed by law; in case of land allotment for
residential house, the Certificate is issued only to the households and
individuals that have built their houses and have no other shelter.
Article 25. Responsibility
for implementation
1. The General Department of
Land Administration is responsible for inspecting the implementation of this
Circular.
2. The
People’s Committees of provinces and centrally-run cities shall disseminate,
direct and implement this Circular.
3. The Departments of Natural
Resources and Environment shall deploy the implementation of this Circular at
localities.
Any difficulty or problem arising during the
implementation of this Circular should be promptly reported to the Ministry of
Natural Resources and Environment for review and settlement./.
FOR
THE MINISTER
DEPUTY MINISTER
Nguyen Manh Hien
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