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THE GENERAL DEPARTMENT
OF LAND ADMINISTRATION
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 346/1998/TT-TCDC
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Hanoi, March 16, 1998
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CIRCULAR
GUIDING THE PROCEDURES FOR LAND REGISTRATION, COMPILING
CADASTRAL DOSSIERS AND GRANTING LAND TENURE CERTIFICATES
Pursuant to the Land Law of July 17, 1993;
Pursuant to Decree No. 64-CP of September 27, 1993 of the Government
stipulating the allotment of agricultural land to households and individuals
for stable and long-term use for agricultural production;
Pursuant to Decree No. 2-CP of January 15, 1994 of the Government stipulating
the allotment of forestry land to organizations, households and individuals for
stable and long-term use for forestry production;
Pursuant to Decree No. 34-CP of April 23, 1994 of the Government on the
functions, tasks, powers and organizational structure of the National
Administration of Land
Pursuant to Decree No. 88-CP of August 17, 1994 of the Government on the
management and use of urban land;
Pursuant to Decree No. 9-CP of February 12, 1994 of the Government stipulating
the regime on the management and use of land for defense and security purpose;
Pursuant to Directive No. 10/1998/CT-TTg of February 20, 1998 of the Prime
Minister on stepping up and completing the land allotment and the granting of
agricultural land tenure certificates;
Pursuant to Directive No. 245/1998/CT-TTg of April 22, 1998 of the Prime
Minister on organizing the performance of urgent tasks in the management of
land use by domestic organizations with State-allotted or leased land;
Considering the need to strengthen the uniform land management;
Considering the need to speed up the process of land declaration and registration,
compiling cadastral dossiers and granting land tenure certificates to
organizations, households and individuals nationwide;
At the proposals of the Director of the Department of Registration and
Statistics and the Director of the Department of Legal Affairs,
The National Administration of Land hereby provides the following guidance on
the land declaration and registration, the compilation of cadastral dossiers
and the granting of land tenure certificates:
Part I
GENERAL PROVISIONS
I. LAND DECLARATION AND
REGISTRATION
I.1. All organizations, households, individuals
who are Vietnamese citizens and foreign organiza-tions and individuals that
are:
1. Allotted or leased land by the State of
Vietnam;
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3. Permitted to alter the land use purpose;
4. Permitted to exchange, transfer, lease,
mortgage or inherit the land tenure right;
shall have to register land with the People's
Committees of communes, wards or townships, where they have land, according to
the guidance of this Circular. Particularly for residential urban land, the
land registration shall comply with a separate regulation.
The People's Committees of communes, wards or
townships shall have to organize the land registration, consider dossiers then
submit them to the People's Committee of the competent level for granting land
tenure certificates to organizations, households and individuals that are using
land within the administrative boundaries of their respective localities.
The Land Administration agencies of various
levels shall have to assist the People's Committees of the same level in
directly performing the tasks of registering land, compiling cadastral dossiers
and granting land tenure certificates in line with the policies and plans of
the People's Committees of each level and in conformity with the professional
and technical regulations of the National Administration of Land in this
Circular.
1.2. People who are responsible for declaring
and registering land include:
1. Household heads or people who are authorized
by household heads to act on the households' behalf;
2. Individuals or lawfully authorized persons;
3. The heads or persons who are authorized by
the heads of organizations which are State agencies, political organizations,
socio-political organizations, domestic economic organizations, foreign
economic organizations, joint ventures in Vietnam between Vietnamese and
foreign partners;
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5. The heads or persons who are authorized by
the heads of organizations under the Ministry of the Interior, the General
Department of Logistics and units attached to the Ministry of the Interior and
the police departments of the provinces and cities directly under the Central
Government;
6. The Offices of the People's Committees of the
provinces and cities directly under the Central Government
7. The Offices of the People's Committees of
communes, wards and townships.
I.3. Categories of land subject to declaration
and registration:
1. Organizations, households and individuals
shall declare the whole areas of land they are using, including the land areas
which they have, at their own will, leased to other users, let their officials
and employees build dwelling houses thereon, or are still left unused; but
shall not have to declare the land areas rented or borrowed from other users.
2. The Offices of the People's Committees of the
provinces and cities directly under the Central Government shall declare for
registration in the cadastral books of the communes, wards and townships, where
the land is located, the land areas owned by diplomatic missions, consular
offices, other foreign representative offices with the diplomatic function,
representative offices of international and inter-governmental organizations in
Vietnam, and offices or representative offices of non-governmental
organizations.
3. The Offices of the commune, ward or township
People's Committees shall declare for registration in the cadastral books the
following land areas:
- Land on which working offices of commune
administrative and non-business agencies are built; other types of special-use
land used for public purposes, which are situated within the boundaries of each
commune, ward or township or stretch over several communes and are under the
direct management of the commune, ward or township People's Committees or
without specific owners.
- Agricultural land, forestry land, land with
water surface used for aquaculture, land used for salt production, and other special-use
land not yet allotted to organizations, households or individuals for a stable
and long term use, which are currently under the direct management of the
commune-level People's Committees for lease, borrowing or temporary allotment
such as agricultural land earmarked for communes' public utility, hardly
divisible agro-forestry land, etc.
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1.4. The following land areas of organizations,
households or individuals shall be considered for registration in the cadastral
books and granted land tenure certificates:
1. Land areas that are newly allotted or leased
for various purposes by decisions of the People's Committees of the competent
levels;
2. Areas of agricultural land, forestry land,
land with water surface used for aquaculture and land used for salt production
already allotted for a stable and long-term use under Decree No. 64-CP of
September 27, 1993 and Decree No. 2-CP of January 15, 1994 of the Government;
3. Areas of special-use land, residential land,
agricultural land of various types, forestry land, land with water surface used
for aquaculture and land used for salt production that are used directly by
organizations, households or individuals whose legitimate use right has been
considered and certified by the commune-level People's Committees in the
process of filling the land registration procedures;
4. Land areas already determined following a
review of the land use demands of domestic organizations which are State
agencies, political organizations, socio-political organizations, people's armed
forces units and already approved by the competent State agencies in strict
accordance with the requirements in Directive No. 245-TTg of April 22, 1996 of
the Prime Minister and Official Dispatch No. 862-CV/DC of July 16, 1996 of the
National Administration of Land;
5. Land areas already determined to be subject
to payment of land rents by domestic organizations that have to change to the
form of land lease.
1.5. Land of various categories that is directly
declared by the Offices of the commune-level People's Committees shall be only
registered in the cadastral books but not granted land tenure certificates.
1.6. After the land has been registered, the
granting of land tenure certificates to the following objects shall be subject
to a separate guidance:
1. Religious organizations;
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II. CONDITIONS FOR ORGANIZING
LAND REGISTRATION AND COMPILATION OF CADASTRAL DOSSIERS.
II.1. Communes, wards and townships shall
organize land registration, compilation of cadastral dossiers and consider the
granting of land tenure certificates on the basis of the cadastral maps with
coordinates or making use of other detailed maps and plans of land plots that
have been examined, assessed and adjusted, so as to ensure the clear determination
of the location, form, area, category of each land plot as well as its user,
suited to the actual status of land use at the time of registration and the
specific conditions of each locality:
1. Areas of urban land, rural residential land
and special-use land of various types:
To organize land declaration and registration,
compilation of cadastral dossiers, granting of land tenure certificates on the
basis of available cadastral maps with coordinates or measuring each land area
or plot, in special cases the cadastral maps of the former administration,
detailed maps of land plots drawn under Directive No. 299-TTg of October 11,
1980 of the Prime Minister, detailed planning maps or maps on the actual land
status that serve the allocation of land for house construction already
designed for every land plot of each land user may be used; these
above-mentioned maps and materials must be supplemented, adjusted and examined
according to the requirements already guided in Official Dispatch No. 647-CV-DC
of May 31, 1995 as well as other guidance of the National Administration of
Land.
2. Agricultural land, forestry land, land with
water surface used for aquaculture and land used for salt production:
a/ The land registration, the compilation of
cadastral dossiers and the granting of land tenure certificates must be carried
out as soon as the measurement and drawing of cadastral maps with coordinates
are finished
b/ In localities where cadastral maps with
coordinates are not available: the land declaration and registration, the
compilation of dossiers and the granting of land tenure certificates are
permitted to be done on the basis of making full use of existing documents and
maps depending on the concrete conditions of each locality. Specifically;
- Revising and updating the necessary elements
on maps and documents already surveyed and measured according to Directive No.
299-TTg of October 11, 1980 of the Prime Minister;
- Making use of the results of latest detailed
maps of land plots in each communes (if any);
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- Documents, data and plans on the allotment of
agricultural land to each household or individual under Decree No. 64-CP of
September 27, 1993 and the allotment of forestry land under Decree No. 2-CP of
January 15, 1994 of the Government.
II.2. First-time land declaration and
registration, compilation of cadastral dossiers and consideration of the
granting of land tenure certificates shall be simultaneously organized all over
the territories of communes, wards and townships or in part of a locality (such
as villages, hamlets...) for unregistered land areas that are being used by all
organizations, households or individuals. For localities that lack conditions
for mass declaration and registration, organizations, households and
individuals therein, if they wish, may be allowed to make declaration and
registration and granted with land tenure certificates in separate cases.
Organizations, households and individuals that
are allotted or; eased new land by competent State agencies or permitted to
take acts that cause land-related changes shall be entitled to register their
land immediately after they complete administrative procedures for land
allotment, lease or alteration of the land use purpose, or transfer of land
tenure right, etc., and be granted land tenure certificates immediately after
they complete land registration procedures.
II.3. Cadastral dossiers shall be compiled right
in the process of land declaration and registration and consideration of the
granting of land tenure certificates. Cadastral dossiers shall be compiled
according to a form applicable nationwide under the provisions of Decision No.
499-QD/DKTK of July 27, 1995 of the National Administration of Land and the
guidance in this Circular.
III. THE CERTIFICATE FORM AND
MODE OF GRANTING
III. 1. The form of land tenure certificates
(hereafter abbreviated as LTCs) issued together with Decision No. 201-QD-DKTK
of July 14, 1989 of the General Department of Land Management (now the National
Administration of Land) shall be uniformly used nationwide for all plots of
agricultural land, forestry land. land with water surface used for aquaculture,
land used for salt production, residential rural land and special-use land of
all categories, land plots with non-residential constructions thereon,
residential land plots without any houses or makeshifts thereon in inner areas
of cities, towns or townships.
III.2. Land tenure certificates shall be granted
to every land plot in the following cases:
1. Land used for various purposes in inner areas
of cities, towns and townships;
2. Agricultural land, forestry land, land with
water surface used for aquaculture that satisfy the following conditions:
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- The number of land plots owned by one
household is small (not more than five plots per household).
- The concerned households wish to be granted
land tenure certificates and agree to fulfill all prescribed financial
obligations.
3. Residential land in rural areas if the
locality has such policy or land users so wish;
4. Special-use land under the use right of
organizations or individuals.
LTCs shall be granted to every land plot
provided that it has a cadastral map with coordinates or a sketch-map drawn
under the guidance of the National Administration of Land.
III.3. Land tenure certificates shall be granted
to every household, one certificate may be granted for several land plots:
This certificate-granting mode shall apply
mainly to rural areas, regardless of whether the cadastral maps with
coordinates are available or not and whether the land is agricultural land,
forestry land, rural residential land or special-use land, in the following
cases:
- The land area of each household is too small
and scattered
- Each household has too many land plots and the
numbers of land plots owned by households are changeable.
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III.5. Certificates of "restricted"
land tenure right shall apply to agricultural land, forestry land, land with
water surface used for aquaculture and land used for salt production in
communes, wards or townships where cadastral maps with coordinates are not
available;; the land declaration and registration and the consideration of
granting of land tenure certificates shall be conducted on the basis of making
use of available documents, materials and maps which have been examined and
revised. When doing so, the two following requirements must be ensured:
1. Complying with the approval order and
procedures as guided in this Circular; precisely determining each land user's
lawful tenure right to each land plot.
2. Uniformly using the form of LTCs issued
together with Decision No. 201-QD-DKTK of July 14, 1989, the seal of"
Temporary Measurement" shall be stamped in the certificates according to
the guidance in Part III of this Circular.
IV. COMPETENCE TO CONSIDER,
APPROVE AND GRANT LAND TENURE CERTIFICATES
IV.1. The People's Committees of communes, wards
or townships shall have to consider and determine each land user's lawful
tenure right to each land plot when the land is registered for the first time.
The concrete contents to be considered include:.
- Clearly determining the origin of the land
use, the time of commencement of use and changes arising in the course of use;
- Determining the present status of land use in
terms of use purpose, boundaries of use, disputes and other peculiar
characteristics.
IV.2. The People's Committees of districts,
provincial capitals or cities shall sign to approve the granting of LTCs to
households and individuals that use land for agricultural production, forestry,
aquaculture, salt-making and the building of residential houses in rural areas.
IV.3. The People's Committees of the provinces
and cities directly under the Central Government shall sign to approve the
granting of LTCs to the following land users:
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- Foreign organizations and individuals renting
land in Vietnam;
- Households and individuals that use different
categories of land in inner areas of cities, towns and townships, special-use
land in rural areas.
Part II
PROCEDURES FOR
REGISTERING LAND AND CONSIDERING THE GRANTING OF LAND TENURE CERTIFICATES
I. FIRST-TIME REGISTRATION
OF LAND, CONSIDERATION OF THE GRANTING OF LAND TENURE CERTIFICATES TO
ORGANIZATIONS, HOUSEHOLDS AND/OR INDIVIDUALS THAT ARE USING UNREGISTERED LAND
I.1. Objects and scope of application:
- Households and individuals: All the land areas
being used for all purposes;
- Domestic organizations including State agencies,
political organizations, socio-political organizations and people's armed
forces units: Land areas being used which do not fall into the category
required to change to the form of land lease as prescribed in Directive No.
245-TTg of April 22, 1996 of the Prime Minister;
- Agricultural, forestry, fishing and
salt-making enterprises: Land areas directly used for agricultural production,
forestry, aquaculture or salt production;
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I.2. The land registration and consideration of
the granting of LTCs shall be carried out in the following order:
I.2.1 Preparatory work:
1. Setting up the commune, ward or township Land
Registration Boards:
a/ The Land Registration Boards are bodies that
advise the commune, ward and township People's Committees in considering
applications for land tenure registration at the commune level.
b/ A Land Registration Board is composed of from
five to seven members, including the following mandatory members:
- A vice-president of the commune (ward or
township) People's Committee: Chairman of the Board;
- An official in charge of legal matters: Vice
chairman of the Board;
- A land administration official: Secretary of
the Board;
- The chairman of the People's Council: Member
of the Board;
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Particularly for the heads of the villages or
hamlets or the heads of street population groups, they shall only participate
in considering applications of the subjects under their management.
Apart from the above-mentioned mandatory
members, the district, precinct, town, provincial city People's Committees may,
depending on the concrete situation of each locality, decide to add other
necessary members.
Apart from its official members, the Board
shall, when necessary, be allowed to invite people who are knowledgeable about
the locality's land situation as well as land policies and legislation.
c/ The commune (ward or township) People's
Committees shall propose potential members of the Boards to the People's
Committees of the districts (precincts, towns or provincial cities) for
consideration and decision on the establishment of such Boards.
d/ The working regime of a Board:
- The Board shall meet under the chairmanship of
its chairman to consider one after another declaration and registration
application on the basis of the land users' dossiers and materials already
prepared, verified and classified by the assisting experts' group. The Board
may consider and approve many dossiers (in case of mass land declaration and
registration) or a small number of dossiers (in case of sporadic land
declaration and registration).
- The results of the Board's working shall be
recorded in a minutes which must be adopted by all the Board members and signed
by the Board's Chairman and Secretary.
- The Board shall work on the principle of
"majority vote" while any opinions different from the general
conclusion shall be reserved and recorded in the minutes.
- During the Board's working course, the
rural/urban district, , town or provincial-city People's Committees shall have
to send officials from such concerned bureaus as the Land Bureau, the Justice
Bureau and the construction Bureau (for wards and townships) to regularly
participate therein so as to provide guidance on professional and legal matters
as well as to thoroughly understand the situation, serving as the basis for
verification and submission of applications to the competent levels for
consideration and approval.
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a/ The Land Registration Group shall be tasked
to directly assist the commune (ward or township) People's Committees in
performing all professional work in the process of organizing the land
declaration and registration, compiling cadastral dossiers and preparing
dossiers before they are submitted to the competent levels for consideration and
granting of LTCs.
b/ A Land Registration Group shall be composed
of:
- The ward (commune or township) land
administration official as the Group's head;
- Other members of the Group, including the
People's Committee's officials who are knowledgeable about the locality's land
situation such as those in charge of planning, statistics, taxes, chairmen or
vice chairmen of agro- forestrial cooperatives (if any), village (hamlet)
chiefs, heads of street population groups, heads of production teams, etc., and
some people who are capable of quickly learning professional techniques and
have a good hand-writing.
The number of members shall depend on the size
of each area where declaration and registration are made as well as each
locality's cadastral dossier-compiling capability.
c/ The district-level Land Administration Bureau
may, depending on the concrete situation of each locality, send professional
officials to directly participate in the Land Registration Group as its permanent
members and these people may work as a full-time staff of the higher level
directly assisting the communes in organizing land declaration and
registration.
d/ In the process of land declaration and
registration in each commune (ward or township) land registration officials of
the provincial-level Land Administration Department must regularly provide the
professional direction and supervision.
3. Drawing up options and plans for organizing
the land declaration and registration in each commune (ward or township) in
line with the general policies of the provinces (or cities directly under the
Central Government), of the rural districts (urban districts or provincial
capitals and cities) and suitable to the particular characteristics of the
locality; clearly determining specific professional situations, discussing and
approving the options and plans of the communes (wards or townships) and
submitting them to the district-level People's Committees for approval.
4. Gathering relevant documents in service of
the land declaration and registration and organizing the consideration and
approval of dossiers.
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6. Organizing professional skills training for
participants.
7. Making the Party organizations, the
administration, mass organizations, leading officials as well as ordinary
people firmly grasp the policies, plans and implementation measures,
popularizing them to land users so that the latter are well aware of their
duties and obligations and voluntarily fulfill them.
1.2.2. Checking and evaluating existing
materials:
Before starting the work, all land-related
materials available in localities must be evaluated. Such materials include:
- Detailed maps of land plots, old cadastral
maps, newly-drawn cadastral maps (if any);
- Other relevant measurement materials and maps
such as land allotment plans, zoning maps of localities, etc.;
- Old land records;
- Carrying out necessary work to make materials,
maps and books suited to the actual land use status at the time of
registration.
1.2.3. Organizing the land declaration and
registration:
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1. Preparing a list of land users who wish to
register land, preparing the registration venue and the registration time table
suitable to each category of subjects and each particular area, providing work
briefing and detailed guidance so that all land users can prepare sufficient
materials, maps and forms necessary for the land declaration and registration,
assigning professional officials to guide the land declaration and registration
at each registration location.
2. Guiding each land user how to fill
declaration forms and prepare enclosed relevant documents.
3. Land users shall declare and submit
declaration dossiers at the commune (ward or township) People's Committees,
such a dossier includes:
- An application for registration of the land
tenure right;
- Enclosed legal documents on the origin of the
land being used;
- The cadastral maps of the land areas or the
sketch maps of the land plots (for sporadic and single registrations);
- The land use declaration (for domestic
organizations that have declared their land use according to Directive No.
245-TTg of April 22, 1996 of the Prime Minister);
- The paper certifying the land use demand of
the concerned managing branch or the provincial-level People's Committee (for
domestic land-using organizations).
4. Officials who receive registration dossiers
shall have to check them in order to detect in time any errors, guide land
users to complete the registration dossiers and record them into the
registration book.
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6. In cases where there are complaints about the
areas and shapes of land plots, the commune (ward or township) People's
Committees shall have to organize the examination and re-verification; the
settlement results shall be clearly stated in the written complaints.
1.2.4. Consideration and approval of
registration applications in communes (wards or townships):
The commune (ward or township) People's
Committees shall have to consider and certify in each land user's registration
application after studying the conclusions of the Land Registration Boards and
the provisions of law. The implementation order shall be as follows:
1. Basing themselves on the land users'
declarations, the Land Registration Groups shall examine and verify them and
compile a complete dossier for each land user; preliminarily classify dossiers
according to the extent of their completeness: complete or incomplete, valid or
invalid, clear land origin or unclear land origin, etc., for submission to the
Land Registration Board.
2. Organization of the meeting to consider
applications:
- The Land Registration Boards shall listen to the
wrap-up reports on the declaration results and results of the examination and
verification of land registration applications; The Boards shall consider every
land user's declaration of each land plot and certify the following:
+ The legal basis of the use right to each land
plot already registered;
+ Evaluating the present land use status in
terms of area, use purpose, time of commencement of use, term of use, etc.,
according to the declared contents;
+ Analyzing in detail the origin and changes
during the use process in necessary cases.
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+ Cases that meet all conditions for
registration and being granted LTCs;
+ Cases that lack the conditions thus need to be
further processed in order to be registered and granted LTCs;
+ Cases that are not permitted for registration
and granting of LTCs.
- The Boards shall discuss and propose measures
to deal with violations.
The consideration results and the conclusions of
the Boards must be voted and recorded in detail in the daily meeting minutes,
which shall be incorporated in a general minutes.
3. Making public the dossiers under
consideration:
- After the Land Registration Boards have
reached a conclusion, the commune (ward or township) People's Committees shall
publicly announce the results of consideration for public comments.
- The duration of public announcement shall be
15 days. Past this time limit, the commune (ward or township) People's
Committees shall make a report to conclude the publicization of dossiers. In
cases where there are complaints or new matters detected by the people, the
commune (ward or township) People's Committees shall organize the examination
and verification so that the Boards can further consider then adopt the
consideration results.
4. Compiling the dossiers on the results of
application consideration at the commune level and submitting them to the
competent levels for approval.
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- All land users' registration applications with
the Boards' opinions and the commune (ward or township) People's Committee's
certification written therein, enclosed with legal documents relating to the
origin of land use;
- Copies of the cadastral maps;
- The technical dossiers of land plots, reports
defining the boundaries of land plots (for wards and townships);
- The reports on the consideration and approval
by the Land Registration Boards;
- The commune (ward or township) People's
Committees' reports enclosed with proposed lists of land users to be granted
LTCs, wrap-up reports on the settlement of cases that lack conditions for being
granted LTSc.
The dossiers submitted to the district, town or
provincial city People's Committees shall be made in two following separate
types:
- The type for subjects that fall under the
approving competence of the district-level People's Committees (of districts,
provincial capitals or cities);
- The type for subjects that fall under the
approving competence of the provincial-level People's Committees (of the
provinces or cities directly under the Central Government).
1.3. Procedures for approval by the People's
Committees of the competent levels
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Basing themselves on the consideration and
approval dossiers of the commune (ward or township) People's Committees already
submitted to the district-level People's Committees (of districts, towns or
provincial cities) the provincial Land Administration Departments shall assume
the main responsibility together with the district Land Administration Bureaus
to organize the examination of the whole dossiers on the consideration of
registration applications regarding the following contents:
- Checking the completeness of the dossiers and
materials as prescribed.
- Checking the results of consideration and
approval in the materials: registration applications, consideration and
approval reports of the Land Registration Boards, wrap-up reports on the
handling of violations in the following aspects:
+ Classification of registration applications:
those that meet all the conditions, those that lack conditions and need to be
processed for being granted LTCs and those fail to meet the conditions for being
granted LTCs and need to be further processed;
+ Forms of handling cases that lack or fail to
meet the conditions for being granted LTCs;
+ The checking results shall be written in a
report.
- Technical examination of the form and style of
presentation of each document, making comparison so as to examine the
compatibility and uniformity between the registration applications and the
cadastral maps, the consideration and approval reports of the Land Registration
Boards, the proposed lists of land users to be granted LTCs, the wrap-up
reports on the settlement of cases that lack conditions for being granted LTCs.
The examination results shall be written in a report. At the end of the
examination, a report thereon must be made
- Performing the following necessary work:
+ Writing the conclusions after checking every
application for land use registration.
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+ Writing LTCs for qualified subjects.
- The district Land Administration Bureaus shall
have to submit to the district, precinct, town or provincial city People's
Committees for approval lists of subjects which are households and individuals
using agricultural or forestry land, land used for salt production or land with
water surface used for aquaculture, draft reports for the rural or urban
district or provincial-capital or city People's Committees to submit them to
the People's Committees of the provinces (or cities directly under the Central
Government) for approval lists of subjects that are organizations, households
and individuals using various categories of urban land;
* The provincial/municipal Land Administration
Departments shall have to expertise and submit to the People's Committees of
the provinces (or cities directly under the Central Government) for approval
lists of subjects under their competence after receiving the dossiers submitted
by the People's Committees of the districts (precincts, towns or provincial
cities).
2. The People's Committees of the provinces (or
cities directly under the Central Government) and the People's Committees of
the districts (provincial capitals or cities) shall base themselves on the
dossiers of consideration of registration applications from communes (wards or
townships), the expertise reports and the reports of the land administration
agencies to decide to approve the granting of LTCs to qualified land users,
decide to handle cases that lack or fail to meet the conditions for being
granted LTCs for subjects falling under their respective competence.
II. FIRST-TIME REGISTRATION
OF LAND, CONSIDERATION OF THE GRANTING OF LAND TENURE CERTIFICATES TO
ORGANIZATIONS, HOUSEHOLDS AND INDIVIDUALS THAT HAVE COMPLETED THE PROCEDURES
FOR LAND ALLOTMENT OR LEASE
II.1. Objects and scope of application:
- Vietnamese organizations, households and
individuals; foreign organizations and individuals that are allotted or leased
new land by competent agencies;
- Domestic organizations that are using land but
now subject to land lease.
- Foreign organizations and individuals that are
using land and have completed the land lease procedures but not yet registered
such land or not yet filled the land lease procedures.
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II.2. A land registration dossier includes:
- The application for registration of the land
tenure right: two copies;
- The land allotment or lease decision: one copy
(notarized copy)
- The cadastral map of the allotted or leased
land area: one copy (certified by the provincial/municipal Land Administration
Department);
- The land lease contract: one copy (for
land-leasing organizations, the notarized copy);
- The land use declaration (for domestic
organizations being now subject to land lease, already declared according to
Directive No. 245-TTg).
II.3. The land registration dossiers shall be
submitted to the commune-level People's Committees of the place where the land
is located. Within five days after receiving the complete dossiers, the commune
(ward or township) People's Committees shall finish their consideration,
register in the communes' cadastral books and update any changes in the maps
and books; certify the land has been "registered" in the land tenure
right registration applications (in the section "The commune People's
Committee's opinion"); collect the cadastral fees as prescribed and return
one application to each land user who shall submit it to the provincial Land
Administration Department or the district Land Administration Bureau for being
granted a LTC (depending on the competence to sign and grant LTCs). Commune
land administration officials shall compile land registration dossiers for
users of the registered land, record in the commune cadastral books, report to
the provincial/municipal Land Administration Departments or the district Land
Administration Bureaus for updating any changes in the cadastral books archived
at each level.
Note: For this case of land registration, the
commune-level People's Committees shall have neither to organize the
consideration of registration applications by the commune-level Land
Registration Boards nor to submit to the provincial-level or district-level
People's Committees for signing and granting LTCs. This work has been done
right in the course of handling dossiers and submitting them to the
provincial-level or district-level People's Committees for decision to allot or
lease land and, at the same time, submitting to the People's Committee of the
competent level for signing LTCs immediately after the issuance of land
allotment decisions. The LTCs shall be kept at the Land Administration
Departments or Bureaus and only handed over to land users after there is the
commune-level People's Committees' certification in the land tenure right
registration applications that the land has been registered.
III. REGISTRATION OF
LAND-RELATED CHANGES, GRANTING OF LAND TENURE CERTIFICATES IN CASE OF SUCH
CHANGES
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After having their land registered and compiled
in cadastral dossiers and having been granted first-time land tenure
certificates, land users shall have to declare and register with the
commune-level People's Committees of the places where their land is situated
any land-related changes after they are permitted by the competent levels to
take acts that cause the following land-related changes:
1. Changing the land use purposes stated in the
certificates:
- Using the agricultural, forestry, aquacultural
or salt-making land for building residential houses or for special-use purpose or
leaving it uncultivated, or vice verse;
- Using the wet rice-growing land for planting
perennial trees (fruit trees or perennial industrial plants), turning it into
ponds, swamps or ditches for aquaculture; using submerged forest land for
aquaculture, using forest land for planting short-term plants, etc., or vice
verse.
2. Re-shaping land plots: Dividing one plot into
several plots or merging several plots into one plot so as to meet different
requirements of land users.
3. Changing the land tenure right: For cases
where the land tenure right is exchanged, transferred, inherited, split or
given as a gift; the State allots or leases more new land or recovers land
being used; land users no longer need to use land and voluntarily revert it to
the State, etc.
4. Using land as a mortgage at banks for
borrowing loans.
5. Altering the land use duration
6. Sub-leasing land (for enterprises engaged in
the dwelling house construction and business, in the investment, construction
and commercial operation of infrastructure).
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III.2. A dossier of application for land-related
change registration includes:
- Legal papers issued by the competent-level
People's Committees permitting to effect changes, such as decisions to allot,
lease or recover land; decisions to permit changes in the land use purpose or
duration; contracts for land exchange or transfer or for mortgaging the land
tenure right, etc., already certified by the concerned People's Committees;
- The land tenure certificate;
- The index map of the land plot subject to the
change(s);
- Invoices and vouchers on the payment of fees
and levies related to the financial obligations that must be fulfilled by the
land user when being allotted or leased land or permitted by the State to
transfer the land tenure right.
III.3. Dossiers of application for of
land-related change shall be submitted to the People's Committees of the
communes, wards or townships where the land in question is situated. Within
five days after receiving the complete dossiers, the commune land
administration officials shall have to fulfill the following:
- Checking the validity and completeness of the
registration dossiers, guiding land users to complete their dossiers (if
necessary);
- Registering the changes into the book for
monitoring land-related changes, the cadastral books and the statistical books
in accordance with Decision No. 499-QD/DKTK of July 27, 1995 of the National
Administration of Land;
- Collecting the land-related change
registration fees as prescribed;
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III.4. Depending on the nature and extent of
land-related changes the land users may either be granted new LTCs or have the
changes updated in the granted LTCs.
1. Certifying land-related changes in the
granted land tenure certificates in the following cases:
- Altering the use purposes, use terms or shapes
of land plots without changing the land tenure right;
- Exchanging the land tenure rights
(certification of such land-related change shall be written in the LTC of each
party involved in the exchange);
- Transferring, splitting or giving as a gift
the land tenure rights (certification of such land-related change shall be
written in the LTCs of the transferors);
- Registering or releasing mortgage of the land
tenure right.
2. Granting new land tenure certificates in the
following cases:
- Being allotted or leased new land by the
State;
- Inheriting the land tenure right Under the
Civil Code.
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- Transferring the land tenure right (new LTCs
to be granted to the transferees for the transferred areas of land);
- There is a change in the land area or shape as
a result of measurement to draw official cadastral maps with coordinates (new LTCs
to be granted in replacement of the old LTCs which were granted previously when
the measurement had been inaccurate).
Part III
WRITING LAND TENURE
CERTIFICATES
The form of the land tenure certificate issued
together with Decision No. 201-QD/DKTK of July 14, 1989 of the General
Department of Land Management shall be written according to the guidance of
this Circular which replaces Circular No. 302-TT/RD-DKTK of October 28, 1989 of
the General Department of Land Management.
I. CONTENTS WRITTEN IN THE
LTCs:
Page 1: No writing is added to the printed
contents.
Page 2: Write the following contents:
a/ Name of the agency competent to grant
certificates: Write the name of the administrative unit competent to grant
certificates on the dotted line immediately below the words: "The People's
Committee", for example: Ha Nam province, Hanoi city or Ly Nhan district;
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- For organizations, write the exact name of the
organization used in its establishment decision (no abbreviation is accepted).
- For households, clearly write: "The
household of Mr. (Mrs.) plus the name of the household head, write the full
name of the household head according to his/her birth certificate.
- For individuals, clearly write: "Mr.
(Mrs.) plus the name of the person who is granted the certificate, write
his/her full name according to his/her birth certificate.
The names of the land users written in the
certificates must be the same names written in the applications for land tenure
right registration and in the cadastral books.
For land users that are households or
individuals, the serial numbers of the identity cards of the household heads or
individuals must be written.
The line immediately below the name of the land
user shall be used for writing the name of the place of registration of the
land user's permanent residence, including the names of the administrative
units of the provincial, district, commune, village (hamlet or street) levels
and the house number. If the name of the place of permanent residence is also
the name of the province, district or commune where there is the land plot to
be granted the certificate, only the specific addresses shall be written in
addition to the names of the province, district and commune already written in
the section for the land plot address, for example: The household of Mr. Tran
Van Phong, ID card number" 010803181, 35 Giai Phong Boulevard, Phuong Mai
ward, Dong Da district, Hanoi.
c/ Total land area in use: calculated in square
meter, written in Arabic numerals in parentheses (...) on the blank line
following the words: "have the right to use", for example: (3075) m2.
d/ The location of the land plot to be granted
the certificate: Write one after another the names of the administrative units
of the commune, district and provincial levels; one line for each level.
For example:
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- Gia Lam district
- Hanoi city.
e/ Listing in detail all the land plots the land
user has the right to use in the printed table, ensuring the following
requirements:
- The land plots must be written in the table
one after another, one line for one plot, starting from the first line, not
written on every other line, and the unused lines must be crossed out with an
oblique line.
- On the same lines written with the land plots,
a dash (-) must be marked in the middle of each column box for which there is
nothing to declare
The content of the columns is written as
follows:
- Column 1 "Codes of maps": Write the
codes of the maps and plans of the land plots to be granted the certificate. If
cadastral maps with coordinates are used, the codes of such maps shall be
written in Arabic numerals, in the order from the first map to the last map for
each commune). In cases where the certificate is granted on the basis of
measurement, a dash (-) is marked in the middle of column 1. If the certificate
is granted to several land plots in several maps, write for each land plot the
code of its map in the order of from lower to higher map code numbers.
- Column 2 "Codes of land plots":
Write the code of each land plot; for land plots with attached plots which also
have code numbers, write first the codes of the main land plots then the codes
of their attached land plots in parentheses (...). If the certificate is
granted to several land plots included in the same map, write the codes of land
plots in the order of from lower to higher code numbers. In cases where the
certificate is granted on the basis of measurement documents, write the code of
the measurement document for each land plot instead of the code of the land
plot.
- Column 3 "Area": Write the area of
each land plot corresponding to its code written in column 2, the area is
calculated in square meter.
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- Column 4 "Use purpose": Write the symbol
indicating each kind of land use purpose as prescribed in the last page of the
cadastral book (issued together with Decision No. 499-QD/DC of July 27, 1995 of
the National Administration of Land).
- Column 5 "Use term" shall be filled
as follows:
+ For residential land and land of other
categories, allotted by the State for stable and permanent use in accordance
with the land legislation (the expiry of the use term is not predetermined),
write "permanent".
+ For land of all other categories allotted or
leased by the State for a given term, clearly write the expiry time:
"month and year" of the use term.
The land use term is determined according to the
land allotment or lease decisions of the competent State agencies. For cases
where the land is used without any land allotment or lease decision, the land
use term shall be determined as follows:
+ For organizations that use land of all
categories, the People's Committees of the provinces or cities directly under
the Central Government shall base on the State's land policies to settle on the
case-by-case basis.
+ For residential land allotted to households or
individuals, which has a lawful use origin, the land use term shall be stable
and long-term in accordance with the provisions of the land legislation.
+ For agricultural or forestry land used by
households or individuals, the State's land policies and the locality's
detailed land use planning already approved by the competent State agencies
shall apply.
- Column 6 "Additional remarks": Note
down the bindings regarding the land tenure right in the following cases:
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+ For land plots which several users have the
right to use, note "co-used", in cases where only a portion of the
land plot is co-used, the location, area and measurements of such co-used
portion must be described (or reflected on an additional page).
+ For land plots which are planned to be wholly
or partly used for other purpose(s), note the "location and area"
incorporated in the plan to shift its use purpose and the "time" of
implementation of such plan.
+ Bindings (if any) related to the safe traffic
corridor or irrigation on each land plot.
f/ The number to be recorded into the land
tenure certificate-granting book: Write in Arabic numerals at the left bottom
of page two of the certificate in between the words: No. ... QSDD". This
number, which is the serial number to be recorded in the land tenure
certificate-granting, book, is determined as follows:
+ For households and individuals: Each commune
has a system of serial numbers to be recorded in the book one after another
from Number 1 to the last number of the commune. When written in the
certificates, all five numerals must be written, for example, the serial number
recorded in the book on the granting of land use certificates is 15, write No.
00015 QSDD/".
+ For organizations, each rural or urban
district, or provincial capital or city shall have one land tenure
certificate-granting book for all land-using organizations located within its
administrative boundary; each district-level unit shall have a system of serial
numbers to be recorded in such book one after another from number 1 to the last
number of the district. When written in the certificates all five numerals must
be written after the (T) code. For example, the serial number recorded in the
land tenure certificate-granting book is 215, write: No. T00215 QSDD/".
* The blank space following the symbol
"QSDD/..." is used for writing the number and code of the type of the
document, the agency that signs the document and the year of signing of the
document which serves as the legal basis for granting certificates. The signing
agencies are allowed to use the following abbreviations for different levels: CP-
the Government, T - The People's Committee of the province or city directly
under the Central Government; H- The rural or urban district provincial capital
or city People's Committee.
For urban land, below the line
"No...QSDD/...", write four more Arabic numerals, with the two first
being the serial number of the cadastral book and the two last being the page
number registered in the cadastral book for the land user.
g/ Writing the date, month and year and the
signature of the president and the seal of the People's Committee competent to
grant certificates.
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Page 3: Write one of the following contents:
a/ Draw a table for additionally writing land
plots that can not be listed in page two of the certificate in cases where the
land user has several land plots. The contents of the table and way of writing
are as guided for page two of the certificate.
In cases where a land user has too many land
plots that can not be all listed in page three, write another certificate for
the remaining land plots.
b/ Copies of the cadastral maps or the technical
dossiers of land plots if the certificate is granted to few land plots.
The duplicates must demonstrate: the drawing
scale, the code of the map that is duplicated, the code and area of the land
plot, the shape of its, boundaries, edge measurements (if any), quadruple
sides.
Page four: write changes after the certificate
is granted with the following contents:
- Column 1: "Date, month, year" of the
time the competent State agency permits the change(s).
- Column 2: "The number and contents of the
decision" according to the number and code of the document, the agency
that signs the document and the year of signing of the document permitting the
change(s).
The contents of the document are summarized for
each of the following cases:
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+ For change in the land use term, write: The
code of the concerned land plot and the new land use term.
+ For change in the land area already granted a
certificate as a result of recovery, household splitting, donation, transfer or
inheriting of the land tenure right to another user, write : The code of the
land plot, the changed area (for sections of the land plot), the form of change
(recovery, transfer, etc.), the name of the succeeding user, and other changes,
if any.
+ For exchange of the land tenure rights, write:
the code of the exchanged land plot, the name of the land transferee. For the
received land plot, write: the code of the map, the code of the land plot, its
area, use purpose and use term, and bindings (if any).
+ For change in the shape of a land plot, write
:the code of the land plot in question, form of change (splitting, merging,
etc.), the code and area of the newly adjusted land plot, other changes, if
any. The index map (if any) in the certificate's page three must be revised in
accordance with the regulations on revision of cadastral maps.
+ For certifying the status of mortgage, write:
The name of the organization or individual that receives the mortgage, the
number of the mortgage contract. Upon termination of the mortgage a mortgage-deletion
seal in black ink must be stamped onto the contents certifying the mortgage.
Such seal, which is in the horizontal oval shape with the outer size of 20 mm x
09 mm, is registered with the provincial-level police and used and managed by
the provincial/municipal Land Administration Department.
The seal includes the following contents:
- The name of the mortgage-registering agency
"the Land Administration Department of the province of....", which is
carved around the edge of the seal.
- The words "Mortgage deleted", which
is carved in the seal's center.
+ For certifying the sublease of a land plot to
another user, clearly write: the name of the lessee and the number of the land
lease contract. Upon the termination of the land sublease, the black-ink seal
of "deletion of the land-sublease" must be stamped onto the contents
certifying the state of land sublease. Such seal, which is in the horizontal
oval shape with the outer size of 20 mm x 09 mm, is registered with the
provincial-level police and used and managed by the provincial/municipal Land
Administration Department.
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- The name of the mortgage-registering agency
"the Land Administration Department of the province of....", which is
carved around the edge of the seal.
- The words "Land sublease deleted",
which is carved in the seal's center.
- Column 3: Certification by the competent
agency" is effected by the signature of the head and the seal of the
agency competent to certify each form of change as prescribed in "Part
II" of this Circular and in accordance with other provisions of law.
II. FORM OF WRITING
CERTIFICATES
1. The writing must be clear, without erasing or
crossing out.
2. The forms of writing: hand writing,
typewriting and computer-printing, are permitted. Handwriting must be in black
ink.
3. All the contents written in pages two and
three of a certificate (excluding the map duplicates) must be written with the
same writing style, the same type of letters and the same ink.
4. The sizes of letters and numerals are
prescribed as follows:
- The contents: the names of the agencies
competent to grant certificates and the names of the land users who are granted
certificates must be written in small and bold letters.
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+ For the small letters, it is from 2.5 mm to 3
mm in height.
The remaining contents are written in normal
letters with the size:
+ For the capital letters, it is from 3 mm to 4
mm in height.
+ For small letters, it is from 1.5 mm to 2 mm
in height.
+ For numerals, it is from 2 mm to 3 mm in
height.
III. OTHER PROVISIONS:
1. For a land plot which is jointly used by
several users without a clear use boundary between users (hereafter referred to
as co-used), each user of such land plot shall be granted a certificate. The
certificate granted to each land user is written as follows:
- The name of the land user: Write the name of
one land user granted with the certificate.
- "Section for additional remarks" in the
table of land plots, note down "co-used" for jointly used land plots.
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All the names of co-users who have the right to
use the land plot must be listed in the certificate-granting book under the
same serial number.
2. LTCs granted on the basis of temporary
measurement (in the absence of cadastral maps with coordinates) must be stamped
with a red-ink seal certifying the status of "Temporary measurement"
on page two of the certificates as follows:
- In cases where all land plots in the
certificate are only temporarily measured: The seal shall be stamped onto the number
indicating the total land area granted the certificate, written after the words
"Have the right to use....".
- In cases where only one or some of the land
plots in the certificate are temporarily measured: The seal shall be stamped
onto the line(s) written with the temporarily measured land plot(s) in the
table of land plots.
- The seal is in the horizontal oval shape with
the outer size of 20 mm x 09 mm, which is registered with the provincial-level
police and used and managed by the provincial/municipal Land Administration
Department. The seal includes the following contents:
+ The name of the certifying agency "the
Land Administration Department of the province of....", which is carved
around the edge of the seal.
+ The words "Leased land", which is
carved in the seal's center.
+ LTCs granted on the basis of temporary
measurement documents must be changed for new certificates when the cadastral
maps with coordinates are available.
3. For LTCs granted in cases where the land is
leased by the State, they shall be stamped with a red-ink seal certifying that
the land is leased by the State on page two of the certificates as follows:
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- In cases where only one or some of the land
plots in the certificate are leased by the State: The seal shall be stamped
onto the line(s) written with the State-leased land plot(s) in the table of
land plots.
- The seal is in the horizontal oval shape with
the outer size of 20 mm x 09 mm, which is registered with the provincial-level
police and used and managed by the provincial/municipal Land Administration
Department. The seal include the following contents:
+ The name of the mortgage-registering agency
"the Land Administration Department of the province of....", which is
carved around the edge of the seal;
+ The words "Mortgage deleted", which
is carved in the seal's center.
Part IV
COMPILATION AND
MANAGEMENT OF LAND ADMINISTRATION DOSSIERS
I. CADASTRAL DOSSIERS
The cadastral dossier is a system of documents,
data, maps, books, etc., containing necessary information about the natural,
economic, social and legal aspects of land, which are formed in the process of
measuring and drawing cadastral maps, making first-time registration and
land-related change registration and granting of land tenure certificates.
1.1. The cadastral dossier regularly used in service
of management includes:
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- The detailed map of land plots of the whole
commune, measured and drawn with different methods;
- The technical dossiers of land plots (for
urban land) or the detailed plans of land plots (for agricultural and forestry
land plots used by several users without a fixed use boundary between users).
- The sketch map of a certain area (a street
block, rice field, rural hamlet, mountainous hamlet, etc.) or each land plot
(for cases where cadastral maps are not available but there is a need to make
registration, compile dossiers and grant certificates to each group of
households, each individual or each organization for each land plot).
2. The cadastral book.
3. The land statistical book.
4. The land-related change monitoring book.
5. The land tenure certificate-granting book.
6. Land tenure certificates.
7. Forms of statistics of land areas.
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1. Original materials formed during the process
of measuring and drawing cadastral maps, including all outputs, according to
the already approved economic-technical feasibility study, of each project of
measuring and drawing cadastral maps, excluding cadastral maps, technical
dossiers of land plots and measurement plans of land plots mentioned in Section
I.1, Part IV above.
2. Original materials formed during the process
of making first-time registration, land-related change registration and
granting of land tenure certificates, including:
- Papers submitted by land users when making
registration and declaration such as applications for declaration and
registration, legal documents on the origin of land, etc.
- Dossiers and materials formed in the process
of considering and approving applications at the commune and district levels.
- The legal documents issued by levels with
competence to perform the land registration and to grant land use certificates
such as decisions to establish registration boards, decisions to grant land
tenure certificates and decisions to handle violations of land legislation,
etc.
- Dossiers on technical examination, testing
before accepting land registration results, consideration of the LTC granting.
II. MODE OF COMPILING
CADASTRAL DOSSIERS
The above-said cadastral dossiers are compiled
at the commune level by the commune, ward or township People's Committees under
the professional guidance of the district-level Land Administration Bureau
officials and examination of their validity by the provincial/municipal Land
Administration Departments. Particularly for the original dossiers and
materials formed in the process of measuring the cadastral maps (prescribed in
Section 1, Part I.2 above) the provincial/municipal Land Administration
Departments shall have to incorporate them into the system of dossiers after
checking and accepting the land measurement results of each project.
The following dossiers and materials shall have
legal effect only after they are signed by the presidents and stamped with the
seal of the commune, ward or township People's Committees and by the directors
and stamped with the seal of the provincial/municipal Land Administration
Departments.
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- Cadastral books,
- Land statistical books,
- Forms of statistics of land areas.
III. MANAGEMENT OF
CADASTRAL DOSSIERS
III.1. The following materials shall be made in
three sets of equal legal effect for filing and use at the three levels:
provincial (provinces and cities directly under the Central Government),
district (rural and urban districts provincial capitals and cities) and commune
(wards and townships):
- Cadastral maps,
- Cadastral books,
- Land statistical book,
- The statistical tables of land areas.
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The books for monitoring land-related changes
are used only for recording land-related changes declared and registered by
land users.
III.2. Commune (ward or township) land
administration officials, the Land Administration Bureaus of districts
(rural/urban districts, provincial capitals and cities), and the Land
Administration Departments of the provinces and cities directly under the
Central Government shall be accountable to the People's Committees of the same
level and the higher-level land administration agency for filing and managing
all cadastral dossiers according to their assigned responsibility.
III.3. Revision of cadastral dossiers: For acts
that cause land-related changes after first-time registration prescribed in
Section III.1 on registration of land-related changes in Part II of this
Circular, and after the land users have completed the procedures for
registering changes with the commune (ward or township) People's Committees,
commune land administration officials shall, with five days, complete the
updating and revision of the cadastral dossiers filed at the commune level,
transfer the change registration dossiers and reports thereon to the
district-level Land Administration Bureaus which shall, within three days after
receiving the dossiers and reports from the commune level, complete the
revision of the cadastral dossiers filed at the district level and continue to
send the land-related change registration dossiers to the provincial/municipal
Land Administration Departments. within five days after receiving the dossiers
and reports from the district level, the provincial/municipal Land
Administration Departments shall complete the revision of the cadastral
dossiers filed at the Departments and, at the same time, keep such dossiers and
make addition to the list of commune dossiers filed in the Departments' systems
of files.
The revision of changes in cadastral maps shall
comply with a separate guidance of the National Administration of Land. The
revision of the cadastral books, the land registration books, the LTC-granting
books and the land-related change monitoring books at each level shall comply
with the provisions in Decision No. 499-QD/DKTK of July 27, 1995 of the
National Administration of Land.
III. 4 The provincial/municipal Land Adminis-tration
Departments shall be accountable to the provincial-level People's COmmittees
for organizing the filing, management and supply of legal information on land
(such as: the land tenure right, land use purposes, land use terms, areas and
measurements of land plots, etc.,) for all land-using branches and levels,
organization, households or individuals.
Cadastral dossiers filed at the commune and
district levels in accordance with the provisions of this Circular shall serve
as the legal basis for the People's Committees of such levels to deal with land
relations arising in each locality. In necessary cases, the lawful original
dossiers filed at the provincial/municipal Land Administration Departments must
be referred to.
Part V
ORGANIZATION OF IMPLEMENTATION
I. In line with the policies on
professional matters guided in this Circular, the People's Committees of the
provinces and cities directly under the Central Government shall base
themselves on the concrete conditions of each locality to determine the
policies, solutions and implementation plans so as to direct the People's
Committees of districts (provincial capitals and cities) and the People's
Committees of communes (wards and townships) to draw up concrete plans for
implementing the land registration, compiling cadastral dossiers and granting
land tenure certificates to all organizations, households and individuals that
are using land in each administrative unit. Cadastral dossiers must be compiled
for every land user at the commune-level administrative unit so as to serve in
time the requirements of State management over land as well as other political,
economic and social requirements.
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II. The directors of the
provincial/municipal Land Administration Departments shall base themselves on
this Circular to assist the provincial-level People's Committees to directly
implement the land registration, compile cadastral dossiers and grant land
tenure certificates according to the set plans of the provinces. The
provincial/municipal Land Administration Departments shall have to organize
professional training for commune and district land administration officials and
Land Registration Groups of each commune.
III. This Circular takes effect from the
date of its signing. Any difficulties and problems arising in the course of
implementation should be promptly reported to the National Administration of
Land for consideration and settlement.
THE GENERAL DEPARTMENT
OF LAND ADMINISTRATION
DEPUTY GENERAL DIRECTO
Dang Hung Vo
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