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MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 33/2017/TT-BTNMT
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Hanoi, September 29, 2017
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CIRCULAR
ELABORATING THE GOVERNMENT’S DECREE NO. 01/2017/ND-CP DATED
JANUARY 06, 2017 ON AMENDMENTS TO THE DECREES ON THE IMPLEMENTATION OF THE LAND
LAW AND AMENDMENTS TO SOME ARTICLES OF THE CIRCULARS PROVIDING GUIDELINES FOR
IMPLEMENTATION OF THE LAND LAW
Pursuant to the Land
Law dated November 29, 2013;
Pursuant to the
Government's Decree No.43/2014/ND-CP dated May 15, 2014 elaborating some
articles of the Land law;
Pursuant to the
Government's Decree No. 43/2014/ND-CP dated May 15, 2014 elaborating some
articles of the Land law;
Pursuant to the
Government's Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation,
assistance and relocation upon land expropriation by the State;
Pursuant to the
Government's Decree No. 01/2017/ND-CP dated January 06, 2017 on amendments to
the Decrees on the implementation of the Land law;
Pursuant to the
Government's Decree No. 36/2017/ND-CP dated April 04, 2017 defining functions,
tasks, powers and organizational structure of the Ministry of Natural Resources
and Environment;
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The Minister of
Natural Resources and Environment hereby adopts a Decree elaborating the
Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 on amendments to
the Decrees on the implementation of the Land Law and amendments to some
articles of the Circulars providing guidelines for implementation of the Land
Law the Land Law.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Circular elaborates:
1. The Government's
Decree No. 01/2017/ND-CP dated Janurary 06, 2017 on amendments to the Decrees
on the implementation of the Land Law (hereinafter referred to as “Decree No.
01/2017/ND-CP”).
2. Amendments to some
Articles of the following Circulars:
a) Circular No.
23/2014/TT-BTNMT dated May 19, 2014 on Certificate of land use rights,
ownership of houses and other properties on land;
b) Circular No.
24/2014/TT-BTNMT dated May 19, 2014 on cadastral documents;
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d) Circular No.
30/2014/TT-BTNMT dated June 02, 2014 on applications for land allocation,
lease, repurposing and expropriation;
dd) Circular No.
36/2014/TT-BTNMT dated June 30, 2014 on land pricing method; compilation of and
adjustment to land price lists; determination of specific land prices and
consultancy on land pricing;
e) Circular No.
37/2014/Circular-BTNMT dated June 30, 2014 elaborating compensation, assistance
and relocation upon land expropriation by the State;
g) Circular No.
02/2015/TT-BTNMT dated January 27, 2015 elaborating some articles of the
Government’s Decrees No. 43/2014/ND-CP and No. 44/2014/ND-CP dated May 15,
2014.
Article
2. Regulated entities
1. Regulatory authorities,
natural resources and environment authorities at all levels, Land Registration
Offices, cadastral officials of communes, wards and commune-level towns.
2. Land users, persons
assigned to manage land by the State, owners of properties on land and relevant
organizations and individuals.
Chapter
II
ELABORATING
SOME ARTICLES OF THE DECREE NO. 01/2017/ND-CP
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1. The verification of a
household or individual directly engaged in agricultural production shall be
carried out in the following cases:
a) Allocate agricultural
land to the household or individual as prescribed in Article 54 of the Land
Law;
b) Register acquisition
of the household’s or individual’s rights to use land meant for rice
cultivation through transfer or donation;
c) Certify the
household's or individual's agricultural land use rights;
d) Determine whether
compensation or assistance has to be provided upon expropriation of
agricultural land of the household or individual.
2. Bases for verification
of an individual engaged directly in agricultural production:
a) He/she is using
agricultural land allocated or leased out by the State or has his/her land use rights
certified by the State; acquired through conversion, transfer, inheritance or
donation or contribution of capital in the form of land use rights; is using
agricultural land which is yet to be certified by the State;
b) He/she does not
receive regular salaries; he/she is retired, stops working due to working
capacity loss or terminates his/her employment and receives social benefits;
c) He/she has a regular
income from agricultural production on the area of land which he/she is using
as specified in Point a of this Clause even when he/she does not have a regular
income due to natural disasters, environmental disasters, conflagration or
epidemics;
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3. Bases for verification
of a household engaged directly in agricultural production:
a) The household is using
agricultural land allocated or leased out by the State or has his/her land use
rights certified by the State; acquired through conversion, transfer,
inheritance or donation or contribution of capital in the form of land use rights;
is using agricultural land which is yet to be certified by the State;
b) At least one member of
the household does not receive regular salaries; is retired, stops working due
to working capacity loss or terminates his/her employment and receives social benefits;
c) The household has a
regular income from agricultural production on the area of land which the
household is using as specified in Point a of this Clause even when the
household does not have a regular income due to natural disasters, environmental
disasters, conflagration or epidemics;
d) In the case of
allocation of agricultural land to a household as prescribed in Article 54 of
the Land Law or registration of acquisition of the household's rights to use
land meant for rice cultivation, Point b of this Clause shall apply.
4. The verification of a
household or individual engaged directly in agricultural production and having
a stable income from agricultural production which is carried out by a People’s
Committee of a commune, ward or commune-level town (hereinafter referred to as
“the communal People’s Committee”) constitutes part of the procedures specified
in Clause 1 of this clause. To be specific:
a) In the case of
following the procedure specified in Point a Clause 1 of this Article, the District-level
Department of Natural Resources and Environment shall submit a written request
for verification to the People’s Committee of the commune where the permanent
residence of the household or individual is registered;
b) In the case of
following the procedures specified in points b and c Clause 1 of this Article,
the Land Registration Office shall submit a written request for verification to
the People’s Committee of the commune where the permanent residence of the
household or individual is registered;
c) In the case of
following the procedures specified in Point d Clause 1 of this Article, upon
receipt of the records on inspection, surveying, measurement and accounting,
the organization in charge of land clearance and compensation shall submit a
written request for verification to the People’s Committee of the commune where
the permanent residence of the household or individual is registered;
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The People’s Committee of
the commune where land exists shall submit a written verification to the
People’s Committee of the commune where the permanent residence of the
household or individual is registered.
Article
4. Use of a land parcel for executing a business project by purchasing
properties on land and gaining land use rights through transfer, renting or
capital contribution
1. The lands leased out
to the investor for execution of a business project in the circumstances
defined in Clauses 5 and 6, Article 16 of the Government’s Decree No.
43/2014/ND-CP dated May 15, 2014 elaborating the implementation of some
articles of the Land Law (hereinafter referred to as “Decree No.
43/2014/ND-CP”) and added in Clause 15, Article 2 of the Decree No.
01/2017/ND-CP shall be expropriated as follows:
a) The investor shall
submit a written request for expropriation of land to be leased out to him/her
to the natural resources and environment authority of the area where such land
exists.
b) The land
expropriation, compensation, assistance and relocation shall be carried out in
a manner similar to regulation on expropriation of land for the national
defense or security; socio-economic development for the benefits of the public
and the country.
The investor shall
finance the compensation, assistance and relocation in advance according to the
compensation, assistance and relocation plan approved by a competent authority
and shall be returned by the state budget by deduction from the land rent
payable. The deduction must not exceed the land rent payable.
2. In case a land user in
the project’s vicinity is eligible to be issued with the certificates of land
use rights and ownership of houses and other properties on land according to
regulations but is yet to have those certificates, the People's Committee of
province shall request such land user to apply for the certificate of land use
rights and ownership of houses and other properties on land before he/she sells
properties on land and gains land use rights through transfer, lease and
capital contribution to the investor.
3. In case of allocation
or lease of the land already expropriated by the State as prescribed in Clauses
4, 5 and 6, Article 16 of the Decree No. 43/2014/ND-CP to the investor, the
auction of land use right(s) is not required.
4. If an investment
project utilizes land parcels of various land-use durations, including part of
land parcels of permanent duration, which have been acquired by purchasing
properties on land and gaining land use rights through transfer, lease or
capital contribution, the duration of land use shall be re-determined in line
with the duration of the investment project pursuant to Clause 3, Article 126
of the Land Law. If the project is exempt from investment formalities in
accordance with regulations of the law on investment, the People’s Committee
competent to allocate or lease out such land shall determine the land-use duration
which shall not exceed 50 years. If the land parcels acquired through transfer
of land use rights are of permanent use, the duration of land use shall be
permanent.
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1. Every Land
Registration Office is entitled to provide services prescribed in Clause 4
Article 2 of the Decree No. 01/2017/ND-CP on the premise that its functions and
tasks accord with its competence as prescribed by law.
2. When a Land
Registration Office provides services as prescribed in Clause 4 Article 2 of
the Decree No. 01/2017/ND-CP, the land user or owner of property on land
provided with such services shall pay for the services as prescribed in the
Government’s Decree No. 141/2016/ND-CP dated October 10, 2016 on the mechanism
for exercising the autonomy of public service providers in the economic
administrative sector and others. The prices for services shall be published by
the provincial People’s Committee in accordance with regulations of law on
prices.
Chapter
III
AMENDMENTS
TO SOME CIRCULARS PROVIDING GUIDELINES FOR IMPLEMENTATION OF THE LAND LAW
Article
6. Amendments to some articles of the Circular No. 23/2014/TT-BTNMT dated May
19, 2014 on certificate of land use rights, ownership of houses and other
properties on land
1. Point a Clause 1 of
Article 4 is amended as follows:
“a) Make regulations on
anti-counterfeiting (security features) on the certificate template; print and
issue the certificate template to Land Registration Offices or Land Use Rights
Registration Offices at all levels;”
2. Points dd is amended
and Point e is added to Clause 4 of Article 4 as follows:
“dd) Submit a report on
receipt, management and use of certificate templates to the provincial
Department of Natural Resources and Environment every 06 months before June 20
and every year before December 20;
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3. Clause 6 is added to
Article 4 as follows:
“6. Specifications of raw
materials for printing certificate templates are specified in the Appendix 01a
to this Circular.”
4. Point a Clause 1 of
Article 5 is amended as follows:
“a) For a domestic
individual, specify “Ông” (“Mr.”) (or “Bà” (“Mrs.”)), full name, date of birth,
name and number of identity documents (if any), permanent address. If the
identity document is ID card, specify “CMND số:...” (“ID card No…”); if it is a
Military ID card, specify “CMQD số:…” (“Military ID Card No. …”); if it is a
Citizen ID card, specify “CCCD số:…” (Citizen ID Card No. ...”); if an ID card
or Citizen ID card is not available, specify “Giấy khai sinh số…” (“Birth
Certificate No. …”);”
5. Point c, Clause 1,
Article 5 is amended as follows:
“c) In case of a
household using land, specify “Hộ gia đình, gồm ông” (“Household, including
Mr.”) (hoặc “Hộ gia đình, gồm bà”) (or “Household, including Mrs.”), full name,
date of birth, name and number of householder’s identity documents according to
Point a of this Clause; permanent address of the household. If the
householder does not share a piece of land of the household, specify the name
of representative who is another member of household sharing a piece of land of
the household. On the next line, specify “Cùng sử dụng đất, cùng sở hữu tài sản
gắn liền với đất (or Cùng sử dụng đất or Cùng sở hữu tài sản) với
…(“share a piece of land or properties on land (or share a piece of land or
properties) with... (specify full names, date of birth and number of identity
documents of the remaining members having the same right to share a piece of
land and properties on land).”
6. Point h Clause 8 of
Article 6 is amended as follows:
“h) In the case of
transfer of land use rights and issuance of the Certificate to the transferee,
specify the form of receipt of transfer of rights (such as receipt of land use
rights through conversion; transfer; inheritance; donation; capital
contribution; auction winning; collateralized debt settlement; dispute
settlement; complaint or denunciation settlement; implementation of decision
(or judgment) of the Court; implementation of judgment enforcement decision,
etc.); specify the land origin already specified in the initial certificate and
specified in accordance with regulations of this Circular. For example:
“Receipt of transferred land allocated and levied by the State”.
In case of receipt of
transferred land use rights for different purposes and mandatory completion of
the procedures for land repurposing, specify the origin of land in the form
specified in points a, b, c and d of this Clause in accordance with the method
for fulfillment of financial obligations discharged to the State after land
repurposing.
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For example:
Organization A received transfer of the rights to use residential land of a
household or individual that has yet to be issued with a certificate before
2005 and now uses such land for business operation, specify “Công nhận QSDĐ như
giao đất có thu tiền sử dụng đất;” (“Certification of land use rights as
allocation of levied land”) in the certificate upon certification of land use
rights;”
7. Point c Clause 3 of
Article 7 is amended as follows:
“c) Floor area: specify
the floor area used for apartment construction under the apartment sale
contract and in accordance with regulations of the law on housing;”
8. Article 7a is added as
follows:
“Article 7a.
Specifying contents of certificate in case the certificate is issued to each
work item or some work items or each area of a work item
In case of issuance of
certificate to each work item or some work items or each land area of work
item, contents of the certificate shall be specified as follows:
1. Information about the
certificate holder shall be specified on page 1 of the certificate as
prescribed in Clause 1 Article 5 of this Circular.
2. Information about the
land parcel shall be specified on page 2 of the certificate as prescribed in
Article 6 of this Circular and only specified on a certificate (the certificate
exclusively issued to the land parcel or issued to the land parcel, one or some
work items or each area of a work item); from the second certificate onwards,
the detailed information about the land parcel shall not be specified as on the
first certificate but in Point “1. Land parcel”, specify
“Information about the land parcel with use right stated in the certificate with
serial No…. (specify the serial number of the first Certificate)”.
In the cases where the
project owner transfers the land use rights, work item or each area of a work
item, they shall clearly determine the location, boundary and area of the
common land and private land of the work item, each area of a work item under
the decision on approval of the investment project, the project investment
decision, the investment license, the investment certificate and the invest
registration certificate issued by a competent authority, the decision on
approval of the detailed construction plan and/or the construction permit and
specified in the transfer agreement in order to apply for issuance of the
certificate to the transferee. Upon of issuance of the certificate to the
transferee, the certificate already issued to the project owner shall be
adjusted to the form of common use of the land area of the land user.
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3. Information about
properties on land shall be specified on page 2 of the certificate as follows:
a) Address: specify name
of the work or building; house address (if any), name of the street, name of
communal-, district- and provincial-level administrative units;
b) Type of work: specify
as prescribed in Point a Clause 4 Article 7 of this Circular;
c) Detailed information
about each work item, some work items or each area of a work item shall be
specified in the following table:
Work item
Construction area (m2)
Floor area or capacity
Form of ownership
Class of work
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Where:
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- Construction area:
specify the built-up area of the work at the location in contact with the ground
by the outer edge of wall of the work in Arabic numeral, in square meter (m2)
and rounded to the nearest tenth;
- The floor area or
capacity shall be specified as follows:
+ For the house-shaped
work: specify the construction floor area of the work item, each area of a work
item in Arabic numeral, in square meter (m2) and rounded to the
nearest tenth. For the work item that is a single-story house: specify its
construction floor area. For the work item that is a multi-storey house:
specify the total construction floor area of all storeys. In case of issuance
of the certificate to the area of a work item such as apartment, room, office
or a floor area in the item, etc., specify the construction floor area of such
area.
+ For other
architectures, specify capacity of such architectures according to the
investment decision or the approved investment project or the investment
certificate or the investment license. For example: “Thermal power station:
3,000 MW, stadium: 20,000 seats”;
- Information about form
of ownership, construction classes and duration of ownership shall be
specified as prescribed in Point b Clause 4 Article 7 of this Circular.”
9. Article 7b is added as
follows:
“Article 7b.
Specifying information in the certificate in case of certification of ownership
of works on agricultural land
1. Information about the
land user and owner of works on agricultural land:
a) In case the work owner
is also the land user, specify information on page 1 of the certificate as
prescribed in Clause 1 Article 5 of this Circular;
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In case it is impossible
to specify such information on page 1 of the certificate, names of the person
who leases out and subleases land, and gains the right to use land contributed
as capital shall be specified in the subpage of the certificate according to
the Appendix 01b enclosed herewith. On the line following the line on which the
information about the work owner is specified, specify “Sở hữu công trình trên
đất của người khác theo trang phụ kèm theo Giấy chứng nhận này, gồm… trang” (“Own
the work on another person’s land according to the subpage enclosed with this
certificate, including…page(s)”).
The subpage constitutes
part of the Certificate. When using the subpage, it is required to write the
ordinal number of the Appendix and affix a seal (of the authority issuing the
Certificate) on adjoining edge of the subpage and page 4 of the Certificate.
2. Information about the
land parcel:
Information about the
land parcel shall be specified as prescribed in Article 6 of this Circular; in
the case of using multiple land parcels, it is required to complete the
cadastral map extraction or cadastral measurement extraction of the entire
usable area; information about the land parcel shall be determined using the
information specified in the cadastral map or cadastral measurement form.
In case the work owner is
not the land user, in the “Note” section of the Certificate, specify “Thửa đất
trên thuộc quyền sử dụng của người khác được ghi trên trang 1” (“The
abovementioned land parcel is owned by another person written on page 1”).
3. c) Information about
the work shall be specified in the following table:
Work item
Construction area
(m2)
Floor area
(m2)
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Form of ownership
Class of work
Duration of ownership
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A construction work on
agricultural land specified in the Certificate is the work constructed in
accordance with regulations of the law on construction or the work actually constituted
at the time of issuance of the Certificate and under the ownership of the
person applying for the certificate, where:
- Work items: specify
names of the work items defined in the decision on approval of the investment
project, the project investment decision, the investment license, the
investment certificate, the invest registration certificate issued by a
competent authority, the decision on approval of the detailed construction plan
and/or the construction license.
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- Floor area: only
applicable to the house-shaped work, specify it as prescribed in Point c Clause
2 Article 7 of this Circular; for others not applicable, the sign “-/-” shall
be shown;
- Main structures:
specify types of materials (brick, concrete, wood, etc.), the main structures
including wall, frame, floor, and roof (e.g, wall, frame, reinforced concrete
floor);
- Form of ownership:
specify “Sở hữu riêng” (“Private ownership”) if the work item is owned by one
owner; specify “Sở hữu chung” (“Common ownership”) if the work item is owned by
more than one owner; if the item work is under both private ownership and
common ownership, specify “Sở hữu riêng” (“Private ownership”), “Sở hữu chung”
(“Common ownership”) respectively in the next lower lines; specify the area
under both private ownership and common ownership in the respective lines in
columns “Construction area” and “Floor area”;
- Class of work: specify
in accordance with regulations of the law on control of quality of construction
works.
In case the construction
work on agricultural land is yet to be specified in the regulation on
classification of construction works in accordance with regulations of the law
on construction, the provincial People’s Committee shall, according to actual
conditions, decide the types of works to be specified in the Certificate.
- The duration of work
ownership shall be specified as follows:
+ Specify the expiry date
of work use if the duration of work use is determined, for the entities renting
or subrenting land or gaining another land user’s land use rights through
capital contribution, the duration of work ownership shall not exceed the
duration of land rent or subrent or receipt of capital contributions in the
form of land use right; the sign “-/-” shall be shown in case of failure to
determine the duration of work use.
+ In case of sale of
works with definite duration, specify the expiry date under the work sale
contract.”
10. Point b Clause 1 of
Article 8 is amended as follows:
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- Usable land area:
specify the total land area which the person issued with the certificate has a
right to privately use and share it with other persons. For the form of land
use, specified the area of private and common land in the section of private
use and commune use respectively;
- Area of the property
(including construction area and floor area): specify total area of the
property which the person issued with the certificate has a right to privately
use and share it with other persons. For the form of property ownership,
specify each form and area of both private and common ownership as prescribed
in Point d Clause 2, Point d Clause 3, Point b Clause 4, Point d Clause 5 and
Point c, Clause 6 Article 7 and Clause 3 Article 7b of this Circular.
In the event the
properties on land include different types and items with part of which is
under private or common ownership, compile a table as prescribed in Clause 8
Article 7 of this Circular to list information about each property or each
property item as in the example below:
Type of property
Built-up area
(m2)
Floor area (m2) or capacity
Form of ownership
Class
Duration of ownership
...
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100
100
150
Private
Common
3
-/-
-/-
Stores
...
...
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25
Common
4
-/-
Perennial plants
500
-/-
Common
-/-
...
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11. Clause 2 of Article 8
is amended as follows
“2. In the event that a
person has a right to share an area of the land parcel or a part of properties on
land without the private land use right or private property ownership, the
contents of the Certificate issued to such person shall be specified as
prescribed in Article 5, 6 and Clauses 1, 2, 3, 4, 5 and 6, Articles 7, 7a and
7b of this Circular and in accordance with the following regulations:
a) Usable land area:
specify the area of land which the person issued with the certificate has a
right to share with other persons in the form of common use;
b) Area of the property
(including construction area and floor area): only specify the area of the
property which the person issued with the certificate has a right to share with
other persons in the form of common ownership.”
12. Clause 4 of Article
11 is amended as follows:
“4. The contents
noted in other cases shall be specified as prescribed in Clause 3 Article 5,
Point c Clause 6, Clause 2 Article 7b, Point c Clause 1 Article 8, Point c
Clause 1, Article 9 and Article 13 of this Circular.”
13. Clause 1 of Article
14 is amended as follows:
“1. The “signature”
section of the Certificate shall be written as follows:
a) Write the place of
issue and the date of signature;
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FOR THE PEOPLE'S
COMMITTEE OF… (write the
administrative division competent to issue the Certificate)
CHAIRMAN/CHAIRWOMAN
Signature and seal of the
People’s Committee and full name of the signer;
or
FOR THE PEOPLE'S
COMMITTEE OF… (write the
administrative division competent to issue the Certificate)
PP.
THE CHAIRMAN/CHAIRWOMAN
DEPUTY CHAIRMAN/CHAIRWOMAN
Signature and seal of the
People’s Committee and full name of the signer;
c) Where the provincial
Department of Natural Resources and Environment is authorized by the provincial
People’s Committee to sign the Certificate:
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BY
ORDER OF THE CHAIRMAN/CHAIRWOMAN
DIRECTOR OF PROVINCIAL
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
Signature and seal of the
provincial Department of Natural Resources and Environment and full name of the
signer;
d) Where the provincial
Department of Natural Resources and Environment signs the Certificate within
its power:
DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENT OF… (write
the province)
DIRECTOR
Signature and seal of the
provincial Department of Natural Resources and Environment and full name of the
signer;
Where the Deputy Director
of the provincial Department of Natural Resources and Environment signs the
Certificate:
DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENT OF… (write
the province)
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DEPUTY DIRECTOR
Signature and seal of the
provincial Department of Natural Resources and Environment and full name of the
signer;
dd) Where the Land
Registration Office is authorized to sign the Certificate by the provincial
Department of Natural Resources and Environment in accordance with regulations
of the provincial People’s Committee:
DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENT OF… (write
the province)
BY
ORDER OF DIRECTOR
DIRECTOR OF LAND
REGISTRATION OFFICE OF… (write name of
the Office)
Signature of the Director
of the Land Registration Office, seal of the provincial Department of Natural
Resources and Environment and full name of the signer;
e) Where a branch of the
Land Registration Office is authorized to sign the Certificate by the
provincial Department of Natural Resources and Environment in accordance with
regulations of the provincial People’s Committee:
DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENT OF… (write the
province)
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DIRECTOR OF BRANCH OF
LAND REGISTRATION OFFICE OF … (write
name of the branch)
Signature of Director of
the Branch of the Land Registration Office, seal of the provincial Department
of Natural Resources and Environment and full name of the signer.
14. Point g Clause 1 of
Article 17 is amended as follows:
“g) The land user or
owner of property on land is allowed to change the ownership; confirm the
change in information about legal status, ID card or Citizen ID card number or
address on the Certificate issued at the request of the land user or the owner
of property on land; confirm the change in information about legal status, ID
card or Citizen ID card number or address on the Certificate issued when
applying for registration of changes to land and property on land;”
15. Clause 3 is added to
Article 17 as follows:
“3. The issuance of the
Certificate in the cases mentioned in Points a, b, e, g, h, l, m and r Clause 1
and Points a, c, d, dd, e, g, h and i Clause 2 of this Article shall comply
with Article 37 of the Decree No. 43/2014/ND-CP and Clause 23 Article 2 of the
Decree No. 01/2017/ND-CP.
Regarding the case mentioned
in Point n Clause 1 and Point b Clause 2 of this Article, the natural resources
and environment authority shall undergo the procedure specified in Clause 2
Article 69 of the Decree No. 43/2014/ND-CP and transfer applications to the
Land Registration Office or its branches to write the Certificate; request the
People's Committee at the same level to permit land repurposing and issuance of
the Certificate.”
16. Point b Clause 5 of
Article 18 is amended as follows:
“b) In case of
registration of changes to mortgaging of land use rights or property on land,
specify “Nội dung đã đăng ký thế chấp ngày …/…/… có thay đổi… (“Changes to
mortgage information registered on …/…/… as follows: ….”) (specify the
mortgage information registered before and after change) according to the
application No….…..(specify the number of the registration application);”
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“6a) In case of
lease and sublease of land, except for the land in industrial parks, export
processing zones, industrial clusters, craft villages, economic zones or
high-tech parks, in the certificate of the lessor or sublessor, specify: “Cho …
(“Lease (sublease) … (specify the name and address of the lessee or
sublessee) thuê (thuê lại) thửa đất số … diện tích … m2 đến …
(the land parcel No. … with an area of … m2 until … (specify the
expiry date of land rent and subrent), không thuộc trường hợp nhận quyền sử
dụng đất, theo hồ sơ số ….” (specify the number of the registration
application) (“not subject to receipt of land use rights, according to the
application No. ...”).
18. Clause 7 of Article
18 is amended as follows:
“7. In case the land user
or owner of property on land changes the ownership and information about proof
of legal status, identity documents or address, specify “The land user (or
owner of property on land)… (specify the changes: name, ID Card, investment
certificate, address, etc.) từ… thành… (is changed from… to…(specify the
information before and after change) theo hồ sơ số… (according to
the application No… (specify the number of the registration application)”.
The changes that are not
subject to transfer of land use rights, ownership of property on land such as
the households’ or individuals’ moving of land use rights into a company;
conversion of a company; full division, partial division, merger or
consolidation of a company without subdivision of land parcel and confirmation
of changes in the certificate, specify “The land user (or the owner of property
on land) đổi tên từ … thành… (is renamed from ... to….) (specify
the name and proof of legal status before and after change) do… (due to
...) (specify the form of establishment or company conversion or …) theo
hồ sơ số… (according to the application No...) (specify the number of
registration application).
19. Clause 10 of Article
18 is amended as follows:
“10. In case of land
repurposing, specify “Chuyển mục đích sử dụng từ đất… thành đất… (“Repurpose
... land into ... land) (specify the purpose before and after repurposing) theo
Quyết định số…, ngày …/…/…, hồ sơ số… (according to the Decision
No….,…/…/…, application No... (specify the number of registration
application).
In case of repurposing
part of the land parcel, subdivision and issuance of a new Certificate to each
new land parcel after subdivision are required.
In case of the land
parcel on which a garden or pond is available, subdivision is not required upon
repurposing part of the land parcel, except for the case where the land user
has a need for subdivision; in case of no subdivision, specify “Repurpose land
with an area of … m2 from ... land to … land (specify the purpose
before and after conversion) according to the Decision No…, dated
…/…/…, application No… (specify the number of registration
application).”.
20. Clause 18 of Article
18 is amended as follows:
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21. Clause 4 of Article
24 is amended as follows:
“4. Where a sufficient
application for registration of land or property on land and issuance of the
valid Certificate is submitted and the Certificate is printed and written
before the effective date of this Circular, regulations of the Circular No.
17/2009/TT-BTNMT shall continue to apply; where the Certificate is yet to be
printed or written, regulations of this Circular shall apply.
Where the Certificate has
been signed but it is, before the delivery, discovered that: (i) the
Certificate is signed ultra vires; (ii) the Certificate is issued to an
inappropriate land user; (iii) the land area written on the Certificate is
incorrect; (iv) prescribed conditions for issuance of the Certificate have not
been fully satisfied; (v) the land specified in the Certificate does not serve
its intended purpose; (vi) the duration of land use written on the Certificate
is incorrect; (vii) the land origin is incorrect as prescribed by regulations
of law on land, such Certificate must be destroyed.
In case the Certificate
has been signed but not yet been issued to the land user because he/she has yet
to receive the Certificate according to the written notice given by a competent
authority, 90 days after the day on which a written notice is sent to the land
user or owner of property on land, the Land Registration Office, its branch or
Land Use Rights Registration Office shall specify “Giấy chứng nhận chưa trao
do… (The Certificate has not yet been issued to… (specify the reasons why
the certificate has not yet been issued: disagreement about the information on
the Certificate, failure to fulfill financial obligations, no demand for
deferment, etc.)” in Section IV on page 3 of the Certificate and archive it
as prescribed. If, after confirming the reason why the certificate is yet to be
issued, the land user wishes to receive the Certificate, the Land Registration
Office, its branch or Land Use Rights Registration Office shall specify “Giấy
chứng nhận đã trao” (The Certificate has been issued”) in Section IV of the
Certificate and issue the Certificate to the land user.
If completing the
procedures for registration or issuance of the Certificate to a household or
individual and the Certificate is printed and written before the day on which
the Land Registration Office is established and operates under the signing
authority of the district-level People’s Committee but the Certificate is
submitted for signature from the day on which the Land Registration Office
operates according to the decision of the provincial People’s Committee, the
Land Registration Office or its branch shall archive the printed Certificate;
before archiving, specify “Lưu hồ sơ do Giấy chứng nhận được in trước ngày Văn
phòng đăng ký đất đai được thành lập” (“Archive the Certificate as it is
printed before the date of establishing the Land Registration Office”) and
affix the seal of the Land Registration Office or its branch to page 1 of the
Certificate. After the new Certificate is signed and issued to households and
individuals, the Land Registration Office or its branch shall consolidate the
archived Certificates in order for the provincial Department of Natural
Resources and Environment to destroy them as prescribed.”
Article
7. Amendments to some articles of the Circular No. 24/2014/TT-BTNMT dated May
19, 2014 on cadastral documents
1. Clause 3 of Article 8
is amended as follows:
“3. An application for
initial registration or issuance of Certificate of land use rights, ownership
of houses and other properties on land to properties on land; additional
registration of property on land of the land user already issued with the
certificate includes:
a) An application form
for registration or issuance of land use rights and ownership of houses and
properties on land, which is made using the Form No. 04a/DK;
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In case the ownership of
construction works on agricultural land needs to be certified but the work
owner does not have one of the documents specified in Article 32 of the Decree
No. 43/2014/ND-CP or the work is exempt from the construction permit, the work
owner shall submit engineering documents on such work in accordance with
regulations of the law on construction. The Land Registration Office or its
branch or Land Use Rights Registration Office shall send an enquiry form
together with engineering documents on the work to a regulatory authority as prescribed
in Point dd Clause 3 Article 70 of the Decree No. 43/2014/ND-CP.
c) A map of the property
on land (except for the case where a property map in conformity with the
current status has been included in the document on ownership of property on
land);
dd) An issued Certificate
in case of additional certification of ownership of property on land;
dd) Documents evidencing
the fulfillment of financial obligations; documents on reduction or exemption
of financial obligations related to property on land (if any);
e) A notarized or
certified written consent given by the land user to the construction of the
work and copies of documents on land use rights in accordance with regulations
of law on land in case the work owner is not the land user.”
2. Clause 2, Article 9 is
amended as follows:
“2. An application
submitted upon transfer of agricultural land use rights which is not in the
case of "regrouping of lands"; receipt of land use rights and
ownership of properties on land through transfer, lease, sublease, inheritance,
donation or capital contribution; transfer of land use rights and ownership of
properties on land from either wife or husband to those of both wife and
husband includes:
a) An
application form for changes to land or properties on land, made using the Form
No. 09/DK;
b) The contract and
documents on the receipt of land use rights and ownership of properties on land
through transfer, lease, sublease, inheritance, donation or capital
contribution; capital contributions in the form of land use rights and
ownership of properties on land; transfer of land use rights and ownership of
properties on land from either wife or husband to those of both wife and
husband.
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c) An original of the
issued certificate;
d) A written consent
given by a competent authority to a business entity gaining agricultural land
use rights through transfer, capital contribution and renting for execution of
the investment project;
dd) A written consent of
the land user which shows that the owner of property on land may transfer,
donate, lease out properties on land or contribute capital in the form of
properties on land in case of transfer, donation, lease of properties on land,
capital contribution in the form of the properties on land whose owner is not
the land user.”
3. Point b, Clause 5,
Article 9 is amended as follows:
“b) An original of the
issued certificate, except for implementation of decision or judgment of the
People’s Court, judgment enforcement authority’s judgment enforcement decision
that comes into force or auction of the land use rights and properties on land
at the request of the People’s Court or judgment enforcement authority without
revocation of the original of the issued certificate;”
4. Clause 6, Article 9 is
amended as follows:
“6. The application for
registration of changes to land and properties on land due to changes of land
user or owner of properties on land; reduction in the area of land parcel due
to natural erosion; changes to limitation(s) of land use right; to financial
obligations; to properties on land against the previous registration
include:
a) An application form
for changes to land or properties on land, made using the Form No. 09/DK;
b) An original of the
issued certificate;
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- A written approval of a
competent authority in accordance with regulations of the law in case of change
of an individual or representative of the household;
- A copy of the family
register in case of change of the representative who is the householder; the
household’s agreement certified by the People’s Committee of the commune in
case of change of the representative who is another member of the household;
- A local community's
agreement certified by the People’s Committee of the commune in case of
renaming of the local community;
- A written certification
of the People’s Committee of the commune on the natural erosion in case of
reduction in the area of land parcel and property on land due to natural
erosion;
- Documents on payment of
financial obligations in case of issued certificates with a debit or late
payment of financial obligations, except for the case where the land user is
exempted from paying or does not have to pay financial obligations due to
changes in regulations of law;
- The competent
authority’s decision on changes to limitation(s) of land use rights, ownership
of properties on land specified in the certificate in case of limitation(s)
according to decisions on land allocation, land lease, certification of land
use right; a written consent to restriction changes to limitation(s) by the
person with relevant interests, certified by People’s Committee of the commune
in case of changes to limitation(s) according to the written transfer of land
use rights;
- A copy of one of the
documents specified in Articles 31, 32, 33 and 34 of the Decree No.
43/2014/ND-CP, specifying the changes to information about the properties on
land mentioned in the certificate.”
5. Point c, Clause 9,
Article 9 is amended as follows:
“c) The copy of the
additional investment decision or the investment license or the investment
certificate or investment policy decision with the duration of the investment
project specified or adjusted in line with the extended duration of land use in
case of use of land of organizations, diplomatic foreign organizations,
foreign-invested companies and Vietnamese overseas executing the investment
project.
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6. Clause 12 is amended
and Clauses 13, 14, 15, 16 and 17 are added to Article 9 as follows:
“12. The application for
mortgage registration or deregistration shall be compliant with regulations on
registration of secured transactions.
If renting or subrenting
the land of an investor in construction of infrastructure in an industrial
zone, industrial complex, export processing zone, hi-tech park or economic zone,
which is leased out by the State and land rent is paid annually, the user of
the land leased out or subleased paid a lump-sum rent before July 1, 2014 and
the user used land for registration of mortgaging of land use rights or
mortgaging of land use rights and properties on land, the application for
mortgage registration must include the documents proving that the investor has
paid the budget the land rent that the lessee or sub lessee makes a lump-sum
payment.
13. An application for
re-determination of the area of households’ or individuals’ homestead land
certified in writing includes:
a) An application form
for changes to land or properties on land, made using the Form No. 09/DK;
b) An original of the
issued certificate.
14. An application for
registration of changes upon the households’ or individuals’ moving of land use
rights into a company includes:
a) An application form
for changes to land or properties on land, made using the Form No. 09/DK;
b) An original of the
issued certificate;
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d) The household’s or
individual’s signed contract for land rent.
15. An application for
extension of religious institutions’ use of agricultural land use includes:
a) An
application form for changes to land or properties on land, made using the Form
No. 09/DK;
b) An original of the
issued certificate.
16. An application
for confirmation of changes to information about legal status, ID Card Number,
address specified in the certificate issued at the request of the land user or
change of the owner of properties on land includes:
a) An application form for
changes to land or properties on land, made using the Form No. 09/DK;
b) An original of the
issued certificate;
c) A
copy of the new ID card or new ID card of People’s Army or family register or
other documents proving changes to legal status upon changes to information of
legal status of the person whose name is enumerated in the certificate;
d) The
competent authority’s written permission for or certification of changes to
information of legal status upon changes to information of legal status of the organization
already specified in the certificate.
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a) A
copy of the new ID card or new ID card of People’s Army or family register or
other documents proving changes to legal status in case of changes to
information of legal status of the person whose name is enumerated in the
certificate;
b) The
competent authority’s written permission for or certification of changes to
information of legal status in case of changes to information of legal status
of the organization already specified in the certificate.”
7. Article 9a is added as
follows:
“Article 9a.
Issuance of Certificate of land use rights, ownership of houses and properties
on land to an area of land in excess of that specified in the land use rights
document for the household or individual using the respective land parcel
1. The Certificate shall
be issued to entire land area in use (including both original land area and
increased land area).
2. The application for
issuance of the Certificate in case the increased area of land is acquired
through transfer, inheritance or donation of rights to use land granted the
Certificate shall be submitted:
a) In case the original
land parcel has been granted the Certificate:
- An application form for
re-issuance or replacement of the Certificate of the land use rights, ownership
of houses and properties on land, which is made using the Form No. 10/DK in
regard to the entire land area in use;
- An original of the
Certificate issued to the original land parcel;
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b) In case the original
land parcel is yet to be granted the Certificate:
- An application form for
registration or issuance of the land use rights, ownership of houses and
properties on land, which is made using the Form No. 04a/DK in regard to the
entire land area in use;
- One of the documents
specified in Article 100 of the Land Law Article 18 of the Decree No.
43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP on the
original land parcel;
- One of the documents
specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP in case
of registration of ownership of property on land.
In case of registration
of ownership of a house or construction work, it is required to have a map of
the house or construction work, except for the case where a map in conformity
with current status of the house or work under construction has been included
in the documents relating to the ownership of the house or construction work.
- Documents evidencing the
fulfillment of financial obligations; documents on reduction or exemption of
financial obligations related to land or property on land (if any);
- In case of registration
of a limited right of use of a contiguous land parcel, it is required to have a
contract or agreement or decision of the People’s Court on the establishment of
a limited right of use of a contiguous land parcel, enclosed with a map showing
location and size of the area of land parcel which the user of the contiguous
land parcel has a limited right to use;
- An original of the
certificate and contract and documents relating to transfer, inheritance or
donation of land use rights established according to the increased land area.
In case of transfer, inheritance or donation of increased land area according
to Clause 2 Article 82 of the Decree No. 43/2014/ND-CP, it is required to have
an original of the certificate of the transferor of the land use rights or
contract for or documents relating to transfer, inheritance or donation of
rights to use the increased land area.
3. The application
submitted where the increased area of the land has yet to be granted the
Certificate:
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- An application form for
registration or issuance of the land use rights, ownership of houses and
properties on land, which is made using the Form No. 04a/DK in regard to the
entire land area in use;
- An original of the
Certificate issued to the original land parcel or originals of the documents
specified in Article 100 of the Land Law, Article 18 of the Decree No.
43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP for the
original land parcel that is yet to be granted the Certificate;
- One of the documents
specified in Article 100 of the Land Law, Article 18 of the Decree No.
43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP for the
increased land area;
- One of the documents
specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP in case
of registration of ownership of property on land.
In case of registration
of ownership of a house or construction work, it is required to have a map of
the house or construction work, except for the case where a map in conformity
with current status of the house or work under construction has been included
in the documents relating to the ownership of the house or construction work.
- Documents evidencing
the fulfillment of financial obligations; documents on reduction or exemption
of financial obligations related to land or property on land (if any);
- In case of registration
of a limited right of use of a contiguous land parcel, it is required to have a
contract or agreement or decision of the People’s Court on the establishment of
a limited right to use a contiguous land parcel, enclosed with a map showing
location and size of the area of the land parcel which the user of the
contiguous land parcel has a limited right to use;
b) In case documents on
the rights to use the increased land area which are specified in Article 100 of
the Land Law Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2
of the Decree No. 01/2017/ND-CP are not available:
- An application form for
registration or issuance of the land use rights, ownership of houses and
properties on land, which is made using the Form No. 04a/DK in regard to the
entire land area in use;
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- One of the documents
specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP in case
of registration of ownership of property on land.
In case of registration
of ownership of a house or construction work, it is required to have a map of
the house or construction work, except for the case where a map in conformity
with current status of the house or work under construction has been included
in the documents relating to the ownership of the house or construction work.
- Documents evidencing
the fulfillment of financial obligations; documents on reduction or exemption
of financial obligations related to land or property on land (if any);
- In case of registration
of a limited right of use of a contiguous land parcel, it is required to have a
contract or agreement or decision of the People’s Court on the establishment of
a limited right to use a contiguous land parcel, enclosed with a map showing
location and size of the area of the land parcel which the user of the
contiguous land parcel has a limited right to use.
4. In case the original
land parcel and increased area of land granted the Certificate, the Land
Registration Office shall request the provincial Department of Natural
Resources and Environment to sign the Certificate or sign and issue the
Certificate when mandated as per regulations.
If the original land
parcel or increased land area or entire area of the original land parcel and
increased land area is yet to granted the Certificate, the branch of the Land
Registration Office shall prepare and submit documents to the district-level
Department of Natural Resources and Environment, which will submit them to the
district-level People's Committee for signing and issuance of the Certificate.”
8[9]. Article 9E is added as follows:
Article 9b.
Registration of debt trading organization’s land use rights or ownership of
property on land by in accordance with the National Assembly’s Resolution No.
42/2017/QH14 dated June 21, 2017
1. The registration of
a debt trading organization’s land use rights or ownership of property on land which
is derived from the bad debts of a credit institutions or foreign bank branch
according to the National Assembly’s Resolution No.42/2017/QH14 dated June 21,
2017 shall proceed when the transactions involving mortgage of land use rights
or property on land have been made in accordance with regulations of law
on land and other relevant regulations of law; the debts that are land use
rights or properties on land shall be traded in accordance with regulations of
the law on debt trading.
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a) An application form
for changes to land or property on land, which is made using the Form No.
09/DK;
b) An original of the
issued Certificate;
c) A mortgage
agreement or contract including the agreement on settlement of collateral that
the mortgagee or obligee receives such collateral;
d) The documents about
debt trading in accordance with regulations of the law on debt trading,
including the agreement that the debt buyer is entitled inherit rights and
obligations of the mortgagee or obligee under the mortgage agreement or
guarantee contract;
dd) The documents on
transfer of property involved in debt trading or settlement document of a
competent authority in accordance with regulations of law in the case of
failure to reach an agreement on transfer of property involved in debt trading
or record of property seizure according to Clause 5 Article 7 of the National
Assembly’s Resolution No. 42/2017/QH14 dated June 21, 2017 on pilot settlement
of bad debts.”
9. Clauses 1 and 2 of
Article 11 are amended as follows:
“1. The authority that
receives applications for registration or certification must not request land
users or owners of properties on land to supplement the documents other than
those specified in Articles 8, 9, 9a, 9b and 10 of this Circular and documents
specified in Clauses 2 and 3 Article 4, Clauses 2, 3, 4 and 5 Article 6,
Clauses 2, 3, 4 and 5 Article 7, Clause 1 Article 8 of the Joint Circular No.
88/2016/TT-BTC-BTNMT dated June 22, 2016 of the Ministry of Natureal Resources
and Environment on application and procedures for receipt and circulation of
documents on determination of land-related financial obligations of land users.
2. Upon submission of the
documents on land use rights or ownership of property on land which are
specified in Article 100 of the Land Law, Articles 18, 31, 32, 33 and 34 of the
Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No.
01/2017/ND-CP (if any) for initial registration or registration of changes
according to Article 8, 9, 9a, 9b and 10 of this Circular, the applicant may
select one of the following forms:
a) Submit copies of the
notarized or certified documents in accordance with regulations of the law on
notarization and certification;
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c) Submit originals of
the documents.”.
10. Clause 7[10] is added to
Article 11 as follows:
“7[11]. An application for registration of land or
property on land, issuance, replacement or reissuance of the Certificate (a
valid application) must meet the following requirements:
a) It has sufficient
documents for completion of procedures as specified in this Circular;
b) Information provided
in the documents (if required) must be sufficient as prescribed;
c) Information provided
in the documents must be consistent.”
11. Article 11a is added
as follows:
“Article 11a.
Rejection of applications for registration or issuance of land use rights or
ownership of houses and other property on land
1. An application for
registration or issuance of the Certificate of land use rights, ownership of
houses and other properties on land shall be rejected if one of the following
grounds is available:
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b) It has insufficient
documents for completion of procedures as prescribed;
c) Information provided
in the application is not adequate, consistent and valid as prescribed by law;
d) Information provided
in the application does not match the information retained at the registry or
counterfeit documents are provided;
dd) The written request
of the civil judgment enforcement authority or the Bailiff Office for
suspension or termination of issuance of the Certificate to the property that
is land use right or property on land of the land user or the land-attached
property owner who is a judgement debtor according to regulations of the law on
enforcement of civil judgments or the written notice of distraint of property
for judgment enforcement; or the written notice of a competent authority that
has the power to settle land dispute about the receipt of application form for
settlement of dispute over land and properties on land is received;
e) It is ineligible for
exercising a right as prescribed in regulations of law on land and other
relevant regulations of law.
2. If one of the grounds
specified in Clause 1 of this Article is available, within 03 working days from
the day on which the application for registration or issuance of certificate is
received, the receiving authority shall submit a document stating reasons for
rejection and instructions for completing the application, send the document
together with the application to the applicant or to the communal People’s
Committee through the single-window department in order for it to return the
application to the applicant.”
12. Point b Clause 2 of
Article 15 is amended as follows:
“b) In case of a
household using land, specify “Hộ gia đình, gồm ông” (“The household, including
Mr.”) (hoặc “Hộ gia đình, gồm bà”) (or “The household, including Mrs.”), full
name, date of birth, name and number of identity documents of the householder
as specified in Point a of this Clause; permanent address of the household. In
case the householder does not have rights to use its common land, specify the
representative who is another member of the household and has the same right to
use the household's common land, and then specify “Cùng sử dụng đất, cùng sở hữu
tài sản gắn liền với đất (hoặc Cùng sử dụng đất hoặc Cùng sở hữu tài sản) với
…(“share a piece of land or properties on land) (or share a piece of land or
properties) with... (specify full names, date of birth and number of
identity documents of the remaining members sharing a piece of land and
properties on land);”
13. Point a clause 3 of
Article 15 is amended as follows:
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14. Point k Clause 2 of
Article 19 is amended as follows:
“k) The changes that are
not subject to transfer of land use rights, ownership of property on land such
as the households’ or individuals’ moving of land use rights into a company;
conversion of a company; division, merger or consolidation of a company without
subdivision of land parcel and confirmation of changes in the certificate,
specify “The land user (or the owner of property on land) đổi tên từ …
thành… (is renamed from ... to….) (specify the name and proof of legal
status before and after change) do… (due to ...) (specify the form of
establishment or company conversion) theo hồ sơ số… (according to the
application No...) (specify the number of registration application).”;”
15. Point o Clause 2 of
Article 19 is amended as follows:
“o) In case of land
repurposing, specify “Chuyển mục đích sử dụng từ đất… thành đất… (“Repurpose
... land into ... land) (specify the purpose before and after repurposing);
nguồn gốc sử dụng đất chuyển thành… (“convert the origin of land into…”); thời
hạn sử dụng đến…(until…) (specify the origin and duration after repurposing
if any) theo Quyết định số…, ngày …/…/…, hồ sơ số… (according to
the Decision No….,…/…/…, application No... (specify the number of
registration application)”.
In case of repurposing of
partial area of the land parcel, leading to subdivision, specify “Thửa đất
đã tách thành các thửa… (Subdivide the land parcel into...) (specify the
number of the new land parcels), repurpose the land parcel No… with an area
of… m2 (specify the number and area of the repurposed land
parcel) thành đất… (into the ... land) (specify the purpose after
conversion) theo hồ sơ số… (according to the application No...) (specify
the number of registration application)”.
On the page including
information about the new land parcel which is not repurposed, specify “Được
tách từ thửa đất số… (Subdivided from the land parcel No…) (specify
the number of the land parcel before subdivision) theo hồ sơ số… (according
to the application No…) (specify the number of the registration
application)”.
On the page including
information about the new land parcel which is not repurposed, specify “Được
tách từ thửa đất số… (Subdivided from the land parcel No…) (specify the
number of the land parcel before subdivision), chuyển mục đích từ đất…
thành đất … (“repurpose … land into … land”) (specify the purpose before and
after the repurposing) theo hồ sơ số… (according to the
application No…) (specify the number of the registration application).
In case of repurposing
partial parel of land from garden and/or pond land in the same land parcel on
which there is a house into residential land without subdivision, specify “Chuyển
mục đích sử dụng … m2 từ đất… (repurpose … m2 of... land (specify
the purpose before repurposing) thành đất ở (into residential land); nguồn
gốc sử dụng đất chuyển thành "Công nhận QSDĐ như giao đất có thu tiền sử dụng
đất; (convert the origin of land into “Certification of land use rights as
allocation of levied land); thời hạn sử dụng: Lâu dài theo hồ sơ số…; (duration
of use: permanent, according to the application No... (specify the number of
registration application);”
16. Clause 4 of Article
21 is amended as follows:
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a) The local authority
that has compiled a physical cadastral book as prescribed in the Circular No.
09/2007/TT-BTNMT dated August 02, 2007 of the Minister of Natural Resources and
Environment providing guidance on preparation, revision and management of
cadastral documents shall continue to update the physical cadastral book in
use; the information to be specified in the book shall be compliant with the
Appendix 03 to this Circular;
b) For the local
authority that is yet to compile a physical cadastral book as prescribed in the
Circular No. 09/2007/TT-BTNMT dated August 02, 2007 of the Minister of Natural
Resources and Environment providing guidance on preparation, revision and
management of cadastral documents, the Land Registration Office shall print the
electronic cadastral book’s page which has not been digitally signed in order
to collect signatures and seals of the Land Registration Office or its branch
in service of regular management;
17. Clause 6 is added to
Article 33 as follows:
“6. In case the
certificate of land use rights, ownership of houses and properties on land has
been printed and written to be issued; re-issued to; replaced for a land user
or owner of property on land when they exercise their rights or register other
changes before the day on which the Land Registration Office operates according
to the decision of the provincial People’s Committee but has yet to be issued
to the land user, the Land Registration Office shall print a new Certificate
acting as a substitute for the printed and written Certificate. The new
Certificate must specify that regulations of law which are effective when the
new Certificate is printed shall apply. Other information in the printed and
written Certificate shall be retained. The land user does not have to re-apply
for issuance, reissuance or replacement of the Certificate. The Land
Registration Office shall sign and issue the Certificate or request the
provincial Department of Natural Resources and Environment to sign and issue
the Certificate within its power as prescribed by law.
The provincial People’s
Committee shall direct the provincial Department of Natural Resources and
Environment and district-level People's Committee to review and report the
number and list of the printed and written Certificates to be issued or re-issued
to or replaced for the land user or owner of property on land when they
exercise their rights or register other changes before the day on which the
Land Registration Office operates before printing new Certificates as
prescribed in this Clause.”
18. The Form No. 09/DK is
amended.
19. “04/DK” is replaced
with “04a/DK”.
Article
8. Amendments to some articles of the Circular No. 25/2014/TT-BTNMT dated May
19, 2014 on cadastral maps
1. Clause 5 of Article 7
is amended as follows:
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Regarding agricultural
land and unused land, the abovementioned reciprocal error of the position of
any 2 points may be increased by 1.5 times.”
2. Point 2.4 Clause 2 of
Article 11 is amended as follows:
“2.4. In case the land
user or contiguous land user is absent throughout the measurement, the
description of land parcel boundary shall be determined by the measurement
officials, remaining relevant parties and cadastral officials by fields and
according to the relevant documents on the land parcel (if any). The
measurement authority shall transfer the description of land parcel boundary to
the communal People’s Committee to confirm the absence, make an announcement
through the commune’s public address system and openly post it at the communal
People’s Committee in order for the land user to append his/her signature. If,
15 days after the date of announcement, the land user is not present and does
not lodge any complaint or provoke any dispute over the land parcel boundary,
such boundary shall be determined using the created description.
10 days from the day on
which the description of the land parcel boundary is received, the contiguous
land user does not append his/her signature and lodge any complaint or provoke
any dispute over the land parcel boundary, such boundary shall be determined
using the description signed by remaining relevant parties and cadastral officials.
It is required to specify the reasons why such contiguous land user does not
append his/her signature to the “reasons for refusal” section in the
description of the land parcel boundary.
The measurement authority
shall make a list of the abovementioned cases and submit it to the communal
People’s Committee and retain measurement documents.”
3. The first line from
the top of the Section “1. Specimen of frame and presentation of cadastral
map’s frame” and Section 2. “Specimen of frame and presentation of the edited
and reprinted cadastral map’s frame” under “III. SYMBOL FOR CADASTRAL MAP” of
the Appendix 01 is amended as follows:
The phrase “XÃ TRUNG
CHÂU” (“TRUNG CHAU COMMUNE”) is replaced with the phrase “BẢN ĐỒ ĐỊA CHÍNH XÃ TRUNG
CHÂU” (“CADASTRAL MAP OF TRUNG CHAU COMMUNE”).
Article
9. Amendments to some Articles of the Circular No. 30/2014/TT-BTNMT dated June
02, 2014 on applications for land allocation, lease, repurposing and
expropriation
1. Article 5a is added as
follows:
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1. The application of the
People’s Committee of the province submitted to the Ministry of Natural
Resources and Environment for approval includes:
a) A written request of
the People’s Committee of the province, made using the Form No. 03a enclosed
herewith.
b) Report on assessment
of investment project dossier of the investment registration authority in
accordance with regulations of the law on investment in case the investment
policiy decision or the investment policiy decision of a competent authority or
the investment registration certificate or the investment license or the
investment certificate is yet to be received before July 01, 2015 (the
effective date of the Law on Investment 2014).
c) The investment policy
investment applicable to the public investment project under the local management
in accordance with regulations of the law on public investment.
d) The approved plan for
auctions of land use rights, applicable to the investment project allocating or
leasing land through auctions of land use rights
dd) The assessed or approved
bidding documents in case of bidding for selection of the investor executing
the investment project using land in accordance with regulations of the law on
bidding.
e) An environmental
impact assessment report due to conversion of purpose of use of forests, plan
for compensation for forest land clearance, plan for forest replacement in
accordance with regulations of the law on forest protection and development,
applicable to the project on repurposing of land of protection forest or
special-use forest which has been approved by a competent authority.
2. An application
submitted to the Prime Minister made by the Ministry of Natural Resources and
Environment includes:
a) A written request
submitted to the Prime Minister;
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c) A document made by the
Ministry of Agriculture and Rural Development on conversion of purpose of use
of land from rice cultivation, protection forest or special-use forest to
another use for an investment project.”
2. Clauses 4, 5, 6 and 7
are added to Article 7 as follows:
“4. An application for
assessment of the demand for land use and assessment of requirements for land
allocation, lease or repurposing for execution of the investment project
includes:
a) An application form for
assessment of the applicant for land allocation, lease or repurposing, which is
made using the Form No. 03b to this Circular or the investment registration
authority’s application form for assessment;
b) The investment project
dossier when the investment guideline decision is implemented in accordance
with regulations of law on investment.”
5. An application for
assessment of the demand for land use in case of land allocation or lease
without assessment of requirements for land allocation, lease or repurposing
for execution of the investment project includes:
a) An application form
for assessment of the applicant for land allocation or lease, which is made
using the Form No. 03b to this Circular or the investment registration
authority’s application form for assessment;
b) The investment project
dossier when the investment guideline decision is implemented in accordance
with regulations of law on investment.
6. An application for
assessment of the demand for land use in case of land repurposing without the
assessment of requirements for land allocation, lease or repurposing for
execution of the investment project includes
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b) The Certificate of
land use rights or Certificate of ownership of houses and residential land use
rights or Certificate of land use rights, ownership of houses and other
properties on land;
c) The investment project
dossier when the investment guideline decision is implemented in accordance
with regulations of law on investment.
7. An application for
assessment of demand for land use in case of land repurposing without setting
up an investment project includes:
a) An application form
for assessment, which is made by the applicant for land repurposing using the
Form No. 03b to this Circular;
b) The certificate of
land use rights or Certificate of ownership of houses and residential land use
rights or Certificate of land use rights, ownership of houses and other
properties on land.”
4. Article 7a is added as
follows:
“Article 7a.
Applications for adjustment to the Prime Minister’s decisions on land expropriation,
allocation, lease or repurposing issued before July 01, 2004
1. The land user shall
submit 01 application to the provincial Department of Natural Resources and
Environment, including:
a) An application form
for adjustment to the Prime Minister’s decision on land expropriation,
allocation, lease or repurposing issued before July 01, 2004, which is made
using the Form No. 03c to this Circular;
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c) A copy of the issued
Certificate of land use rights or Certificate of ownership of houses and
residential land use rights or Certificate of land use rights, ownership of
houses and other properties on land (if any);
d) A copy of the issued
investment license or investment certificate or business registration
certificate or written approval for investment guidelines or decision on
investment guidelines or investment registration certificate (if any);
2. An application
formulated and submitted by the provincial Department of Natural Resources and
Environment to the provincial People’s Committee:
a) An application form,
which is made using the Form No. 03d to this Circular;
b) The documents
mentioned in Clause 1 of this Article;
c) A competent
authority’s written request for adjustment to the Prime Minister’s decision on
land expropriation, allocation, lease or repurposing (if any);
d) A copy of cadastral
map extract or cadastral measurement extract of the land parcel (included in the
previous applications for land allocation or lease).
3. An application for
assessment which is made and submitted by the provincial People’s Committee to
the Ministry of Natural Resources and Environment where the decision adjustment
must be reported to the Prime Minister includes:
a) An application form,
which is made using the Form No. 03dd to this Circular;
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c) A competent
authority’s written request for adjustment to the Prime Minister’s decision on
land expropriation, allocation, lease or repurposing (if any);
d) A copy of cadastral
map extract or cadastral measurement extract of the land parcel (included in
the previous applications for land allocation or lease).
4. An application
formulated and submitted by the Ministry of Natural Resources and Environment
to the Prime Minister includes:
a) An application form
submitted to the Prime Minister;
b) The documents
mentioned in Clause 3 of this Article;
c) A document of relevant
ministries stating their comments on the adjustment to the Prime Minister’s
decision on land expropriation, allocation, lease or repurposing if the project
requires comments from ministries (if any).”
Article
10. Amendments to the Circular No. 36/2014/TT-BTNMT dated June 30, 2014
on land pricing method; compilation and adjustment of land price lists;
determination of specific land prices and consultancy on land pricing
Article 7 is amended as
follows:
“Article 7. Land price
coefficient-based method
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1. Carry out a survey and
collect information
a) Carry out a survey and
collect information about prices of at least 03 parcels of land that have been
transferred or sold at a land auction within a period of 02 years by the time
of pricing in each location of land (according to the land price list) in the
target area.
If information about land
prices in the target area is not sufficient, information shall be obtained from
adjacent areas with natural conditions, socio-economic conditions, technical
and social infrastructure similar to those in the target area.
During the survey, the
surveyors shall follow the instructions in Point d Clause 1 Article 3 of this
Circular.
b) If income obtained
from and cost of use of the land parcels have been determined, information
about income obtained from and cost of using at least 03 parcels of land in
each position of land (according to the land price list) in the same target
area shall be collected to determine land prices using income-based method.
c) Collect information
about local socio-economic conditions.
2. Determine common land
prices at each location
a) Determine market land
prices at each location according to the information collected as prescribed in
Points a and b Clause 1 of this Article.
b) Common land prices of
each location shall be determined in accordance with Clause 3 Article 3 of the
Decree No. 44/2014/ND-CP. If market land prices fall within a price range, the
common land price shall be the arithmetic mean of the prices at that location.
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Land pricing coefficients
are determined according to common land prices, local socio-economic conditions
and land prices on the land price list. If information about the market land
prices is not sufficient to determine common land prices specified in Point b
Clause 2 of this Article, land price coefficients shall be formulated according
to local socio-economic conditions, specific land prices approved by a
competent authority and land prices on the land price list.
Land price coefficients
specified in Point b Clause 2 Article 18 of the Decree No. 44/2014/ND-CP shall
be formulated for each type of land and location according to the project. In
the areas where many land expropriation projects are executed at the same time
and similar natural and socio-economic conditions, and technical and social
infrastructure are available, the land price coefficients shall be formulated
for each type of land and location by area.
4. Determine of target
land parcel
Price of target land parcel
=
Land price on price list
x
Land price coefficient
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1. Article 5 is amended
as follows:
“Article
5. Determination of agricultural land area for the purpose of calculating
assistance in life stabilization upon land expropriation by the State
1. The agricultural land
expropriated for calculation of assistance in life stabilization specified in
Point b, Clause 3, Article 19 of the Decree No. 47/2014/ND-CP shall be
determined according to each land expropriation decision of the competent
People’s Committee without accumulation of the agricultural land area
previously expropriated.
2. The agricultural land
used for determination of assistance in life stabilization is the area of
agricultural land that is being used by a household or individual within the
commune where the expropriated land is located at the time of issuance of the
decision on land expropriation, including:
a) The agricultural land
allocated by the State to a household or individual engaged directly in
agricultural production upon the implementation of the Government’s Decree No.
64/CP dated September 27, 1993 on the regulation on allocation of agricultural
land to households and individuals that use the lands permanently for
agricultural production; the Government’s Decree No. 85/1999/ND-CP dated August
28, 1999 on amendments to certain articles of the regulation of allocation of
agricultural lands to households and individuals that use the lands permanently
for agricultural production and on the supplemented allocation of salt-making
lands to households and individuals that use the lands permanently; the
Government’s Decree No. 02/CP dated January 15, 1994 on the regulation of
allocation of forest lands to organizations, households and individuals that
use the lands permanently for forestry; the Government’s Decree No.
163/1999/ND0CP dated November 16, 1999 on the allocation and lease of forest
lands to organizations, households and individuals that use the lands
permanently for forestry; and the government’s Decree No. 181/2004/ND-CP dated
October 29, 2004 on the implementation of the Land Law and Section 1, Article
54 of the Land Law;
b) The agricultural land
of a household or individual that is eligible for the allocation of agricultural
lands in accordance with regulations of the Land Law and is using agricultural
lands acquired through transfer, inheritance, donation or reclamation as per
the law, providing that the People's Committee of the commune where such lands
exist confirms their direct engagement in production activities on the
agricultural lands;
c) The agricultural land
of a household or individual that signs a contract with a state-owned
agricultural or forestry plantation to use such land for the purpose of agriculture,
forestry or aquaculture (except special-use forest lands and protection forest
lands) and earns stable incomes from agricultural and forest production
developed on such land at the date of expropriation.
d)
The household or individual's contracted agricultural land from an agricultural
or forestry company that was converted from a state-owned agricultural or
forestry plantation, providing that the land user directly participates in and
earns a stable earning from agricultural production activities on such land.
dd)
The household or individual's contracted agricultural land from agricultural
production groups or
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2. Article 5a is added as
follows:
“Article 5a. Land
prices as the basis for determination of assistance provided for tenants of
state-owned houses which are located in the area of land to be expropriated and
thus will be demolished
Where relocation house is
unavailable to be provided as prescribed in Clause 2 Article 14 of the Decree
No. 47/2014/ND-CP land prices as the basis for determination of assistance
provided for tenants of state-owned houses which are located in the area of
land to be expropriated and thus will be demolished are the specific land
prices determined according to the land price coefficient-based method.”
3. Article 6a is added as
follows:
“Article 6a.
Compensation and assistance in case of the area of agricultural land or
non-agricultural land that is not homestead land remaining after expropriation
and no longer suitable for residential purposes
In case household or
individual is using agricultural land or non-agricultural land that is not
homestead land upon land expropriation by the state and the remaining land area
of the parcel after expropriation is no longer suitable for residential
purposes in accordance with regulations of the People’s Committee of the
province, the competent People's Committee shall consider expropriating such
land if the land user so wishes. In case of land expropriation, the
compensation and assistance shall be provided in accordance with regulations of
law and specified in the compensation, assistance and relocation plan.”
Article
12. Amendments to the Circular No. 02/2015/TT-BTNMT dated January 27, 2015
elaborating some Articles of the Government’s Decrees No. 43/2014/ND-CP and No.
44/2014/ND-CP
1. Clause 1, Article 11
is amended as follows:
“1. Cases where the
repurposing of land is carried out without submission of application for
permission of competent authorities but registration for changes:
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b) Repurpose other
agricultural lands for annual plants or land for aquaculture into agricultural
land for perennial plants;
c) Repurpose agricultural
land for perennial plants into land for aquaculture or land for perennial
plants;
d) Repurpose homestead
land into non-agricultural land that is not homestead;
dd) Repurpose commercial
land into non-farming business land that is not commercial land; repurpose
non-farming business land that is not commercial land or land of
non-agricultural production establishment into land for construction of public
service buildings.”
2. Article 8 is amended
as follows:
“Article 8. Use of
land in case of conversion of a sole proprietorship to a limited liability
company
In case of conversion
from a limited liability company to a joint-stock company or from a joint-stock
company to a limited liability company, from a single-member limited liability
company to a multi-member limited liability company or from a multi-member
limited liability company to a single-member limited liability company or from
a sole proprietorship into a limited liability company, except for the equitization
of state-owned enterprises, land shall be used as follows:
1. Conversion of an
enterprise without land repurposing:
a) In case an enterprise,
before conversion, was allocated land by the State and did not have to pay land
levy or leased out land by the State and paid a lump-sum rent for the entire
lease term, allocated levied land by the State, received land use rights for
which the land levy and land rent were already paid or the amount paid for the
transfer is sourced from the State budget, the provincial Department of Natural
Resources and Environment shall request the provincial People’s Committee to
decide the allocation or lease of land to the enterprise after conversion
according to regulations of law on land.
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b) In case an enterprise,
before conversion, was leased out land by the State and paid land rent on an
annual basis, allocated levied land by the State or leased out land by the
State and paid a lump-sum rent for the entire lease term, received land use
rights for which the land levy and land rent were already paid or the amount
paid for the transfer is not sourced from the State budget, the enterprise,
after conversion, shall register changes to land and properties on land as
prescribed in Article 85 of the Decree No. 43/2014/ND-CP and shall re-sign land
rent contract with the provincial Department of Natural Resources and
Environment in case of renting lend without re-issuing the land lease decision.
Land prices as the basis
for determination of land rent in case the enterprise after conversion rents
land and pays land rent on an annual basis are the land prices already decided
to determine land rent applied to the enterprise before conversion, if the
conversion is carried out in the 05-year period over which the land rent remains
unchanged and shall be re-determined according to the Government’s Decree No.
46/2014/ND-CP dated May 15, 2014 after the end of such 05-year period.
2. In case the conversion
of an enterprise is carried out together with land repurposing, the land repurposing
shall be carried out as prescribed together with the allocation or lease of
land or registration of changes to land and properties on land according to
Clause 1 of this Article.
If the land purposing is subject
to permission of a competent authority, the land prices as the basis for
determination of land levy and land rent are the specific land prices decided
by the provincial People’s Committee when the decision on land repurposing is
issued by the competent authority.”
3. Clause 3 is added to
Article 17 as follows:
“3. In case the duration
of use of agricultural land specified in the previously issued Certificate is
permanent, such duration shall be re-determined as prescribed by the 2013 Land
Law upon replacement of the Certificate.”
Chapter
IV
EFFECT
Article
13. Effect
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2. Article 23 of the
Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural
Resources and Environment is null and void.
3. Article 12 and Article
14 of the Circular No. 37/2014/TT-BTNMT dated June 30, 2014 of the Minister of
Natural Resources and Environment are null and void.
Article
14. Responsibility for implementation
1. The General Department
of Land Administration shall inspect the implementation of this Circular.
2. The People’s
Committees of provinces and central-affiliated cities shall direct
implementation of this Circular in their provinces and review or invalidate
local regulations that are against regulations stated herein.
3. The Department of
Natural Resources and Environment shall assist the People’s Committees of
provinces and central-affiliated cities in organizing the implementation of
this Circular in their provinces.
4. Difficulties that
arise during the implementation of this Circular should be promptly reported to
the Ministry of Natural Resources and Environment./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Thi Phuong Hoa