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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
38/2011/ND-CP
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Hanoi, May 26, 2011
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DECREE
ON
AMENDMENT AND SUPPLEMENT TO A NUMBER OF PROVISIONS ON ADMINISTRATIVE PROCEDURES
OF THE DECREE NO.181/2004/ND-CP DATED OCTOBER 29, 2004, THE DECREE
NO.149/2004/ND-CP DATED JULY 27, 2004 AND THE DECREE NO.160/2005/ND-CP DATED
DECEMBER 27, 2005
THE GOVERNMENT
Pursuant to the Law on Governmental
Organization dated December 25, 2001;
Pursuant to the Land Law
dated November 26, 2003;
Pursuant to the Law on Water
Resources dated May 20, 1998;
Pursuant to the Minerals Law
dated March 20, 1996 and Law amending and supplementing some Articles of the
Minerals Law dated June 14, 2005;
At the proposal of the
Minister of Natural Resources and Environment,
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Article 1. To amend and
supplement Article 123 of Decree No.181/2004/ND-CP dated October 29, 2004 by
the Government on the implementation of the Land Law as follows:
"Article 123. Order and
procedures for assignment or lease of agricultural land to households,
individuals.
1. The assignment of annual crop
land, salt-making land to households and/or individuals directly engaged in
agricultural production or salt making shall be carried out as follows:
a) Households and individuals
submit applications for assignment or lease of land in the People's Committees
of communes, wards and townships (hereinafter referred to as the commune-level
People's Committees) where the land locates; it must be clearly stated
requirements for land use area in the application.
The commune-level People's
Committees where elaborate scheme collectively all cases are competent to
assign land in the localities; set up the local land assignment advisory
councils comprising of presidents or vice-presidents of the People's Committees
as council chairmen, the members comprising of representatives of Vietnam
Fatherland Front, representatives of Peasants' Association, heads of population
quarters in the localities and cadastral officers (hereinafter called as the
land assignment advisory councils) to consider and propose cases eligible for
land assignment.
b) Based on the opinions of the
land assignment advisory councils, the commune-level People's Committees shall
finalize the schemes on land assignment, post up the lists of land
assignment-eligible cases at the offices of the commune-level People's
Committees for seven (07) working days and organize the reception of people's comments;
publicize feedbacks at the places where the lists are posted up; finalize the
land assignment schemes and submit them to the People's Councils of the same
level for adoption before submitting them to the the district-level Natural
Resources and Environment Sections for appraisal and to the People's Committees
of districts, towns, provincial cities for consideration and approval.
Dossier submitted to the
district-level Natural Resources and Environment sections comprises: An
application for land assignment of household or individual; A minute reviewing
land assignment made by the land assignment Advisory Council; public list of
land assignment-eligible cases; A summary of people's opinions and A summary of
feedbacks (if any); A completed land assignment plan and the Resolution of the
commune-level People's Council, a statement of the commune-level People's
Committee sent to the District-level People's Committee, the district-level
Natural Resources and Environment section.
c) The district-level Natural
Resources and Environment Sections shall have to appraise the land assignment
plans; submit to People's Committees at the same level the decisions on land
assignment; direct the land use right registration offices to implement the
land assignment on real land; grant certificates of land use right, house
ownership right and other assets attached to land (hereinafter referred to as
the certificates).
The time for performing the
works prescribed at this Point shall not exceed thirty (30) working days as from
the date the district-level Natural Resources and Environment Sections receive
the complete and valid dossiers as prescribed to the date the land users
receive the land use right certificates. In particular, the duration of doing
the works at district-level Natural Resources and Environment Sections shall
not exceed twenty (20) working days and at the offices of the land use right
registration shall not exceed ten (10) working days after receiving dossiers
forwarded from district-level Natural Resources and Environment Sections.
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a) Households, individuals shall
file applications for land assignment or land lease at the commune-level
People's Committees where exist the land; it is clearly stated the land area
demands for use in the applications.
For cases of application for
land assignment, land lease for aquaculture, there must be aquaculture plans or
projects appraised by district-level fisheries management agencies and there
must be the written commitments on environmental protection or the reports on
assessment of environmental impacts according to law provisions on environment.
b) The commune-level People's
Committees shall have to verify and certify in the land assignment or land
lease applications on the land use demands of households, individuals for
eligible cases and send them to the district-level Natural Resources and
Environment Sections. Time to complete the work specified in this point shall
not exceed seven (7) working days.
c) The district-level Natural
Resources and Environment Sections shall have to verify cases of application
for land assignment or land lease; conduct field verification when necessary,
submit them to the district-level People's Committees for deciding to assign
land or lease land; direct the land use right registration offices to conduct
the works stated in point d of this clause and submit them for granting land
use right certificates; sign land lease contracts for cases of land lease. Time
to complete the work specified in this point shall not exceed twenty (20)
working days.
d) The land use right
registration offices shall have to extract the cadastral maps or extract
cadastral measurement of the land areas for the places where the cadastral maps
are not available, extract for copy of the cadastral dossiers, print the
certificates and send them to the district-level Natural Resources and
Environment Sections. Time to complete the work specified in this point shall
not exceed ten (10) working days.
3. The criteria for households
and individuals to be assigned agricultural land is in order of priority for
households and individuals that do not have productive land, are lack of agricultural
production land by the average area of agricultural land in the
communes."
Article 2. To amend and
supplement some Articles of Decree No.149/2004/ND-CP dated July 27, 2004 of the
Government providing for the permit issuance of exploration, exploitation and
use of water resources, discharge of wastewater into Water source:
1. Clause 3 of Article 7 is
amended and supplemented as follows:
“3. The term of underwater -
exploitation and - use permit shall not exceed fifteen (15) years and may be
considered for extension several times but each time of extension is not more
than ten (10) years. In the case water resources may ensure the long-term,
stable exploitation, a minimum period of underwater - exploitation and - use
permit is (05) years.”
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"c) A certified copy or
copy enclosed with the original for comparison or a copy certified by the
agency or organization applying for a permit of one of the papers relating to
land use right where exploitation well(s) is (are) located as follows:
- A certificate of land use
right.
- The other valid papers on land
use right in accordance with provisions of the law on land.
Where land where exploitation
well(s) is (are) located is not under the land use right of the organization or
individual applying for a permit, it is required to have a written agreement
for permitting land use between exploitation organization or individual with
organization or individual that has land use right."
Article 3. To amend and
supplement some Articles of Decree No.160/2005/ND-CP dated December 27, 2005 of
the Government detailing and guiding the implementation of the Minerals Law and
the Law Amending and Supplementing a Number of Articles the Law on Minerals:
1. Point c, Clause 1 of Article
60 is amended and supplemented as follows:
"C) A certified copy or
copy enclosed with the original for comparison or a copy certified by the
agency or organization applying for a permit for the written certification of
the legal status of the organization applying for a permit of mineral
exploration and exploitation being a domestic organization, or the investment
license (if any) for organization applying for a permit of mineral exploration
and exploitation being foreign organization or joint venture with foreign
partners.
2. To supplement Clause 7 of
Article 60 as follows:
"7. The number of dossiers
required to apply for grant, extension, allowing the return, transfer of
minerals mining licenses, continuing to conduct the minerals mining right
specified in clauses 1, 2, 3, 4, 5 and 6 of this Article is 01 set".
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"đ) A certified copy or
copy enclosed with the original for comparison or a copy certified by the
agency or organization applying for a permit for the written certification of
the legal status of the organization applying for a permit of mineral
exploitation being a domestic organization that is not the organization issued
permit for exploration, or the investment license (if any) for organization
applying for a permit of mineral exploitation being foreign organization or
joint venture with foreign partners."
4. To supplement Clause 7 of
Article 61 as follows:
"7. The number of dossiers
required to apply for grant, extension, allowing the return, transfer of
minerals mining licenses, continuing to conduct the minerals mining right specified
in clauses 1, 2, 3, 4 and 5 of this Article is 01 set."
5. Clause 4 of Article 63 is
amended and supplemented as follows:
"4. The time limit
prescribed in Clause 1 and Clause 3 of this Article does not include the
working days when the competent agencies issuing licenses for mineral
activities consult the relevant authorities on matters relating to the permit
grant for mineral activities. Heads of relevant agencies that are consulted
shall send official opinions in writing within ten (10) working days after
receiving a written request for comments. The written comments must clearly
indicate the points of agreement, disagreement, the proposals on amendments and
supplements ".
6. Clause 2 of Article 64 is
amended as follows:
"2. A copy of exploration
scheme and a copy of the exploration license."
Article 4. To annul the
following provisions:
1. To annul the provisions at
Point c, Clause 1, Article 19; Point b, Clause 1, Article 20 of Decree
No.149/2004/ND-CP dated July 27, 2004 of the Government providing for the
exploration, exploitation and use of water resources, discharge of wastewater
into water sources.
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Article 5. Effect and
responsibility for implementation
1. This Decree takes effect as
from July 20, 2011.
2. The ministers, heads of
ministerial-level agencies, heads of Governmental agencies, Presidents of
Committees of provinces and cities directly under the Central Government and
other concerned organizations and individuals shall implement this Decree.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung