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THE MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.
02/2015/TT-BTNMT
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Hanoi, January
27, 2015
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CIRCULAR
DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE
No. 43/2014/NĐ-CP AND DECREE No. 44/2014/NĐ-CP DATED MAY 15, 2014
Pursuant to the Law on Land dated November
29, 2013;
Pursuant to the Government’s Decree No.
43/2014/NĐ-CP dated May 15, 2014 detailing the implementation of a number of
articles of the Law on Land;
Pursuant to the Government’s Decree No.
44/2014/NĐ-CP dated May 15, 2014 regulating land price;
Pursuant to the Government’s Decree No. 21/2013/NĐ-CP
dated March 04, 2013 defining functions, duties, authority and organizational
structure of the Ministry of Natural Resources and Environment;
At the request of Director General of General
Department of Land Management, Director General of the Department of Planning
and Director General of the Department of Justice;
The Minister of Natural Resources and
Environment promulgates the Circular detailing a number of articles of the
Government’s Decree No. 43/2014/NĐ-CP and Decree No.44/2014/NĐ-CP dated May 15,
2014.
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GENERAL PROVISIONS
Article 1. Governing scope
Article 2. Regulated
entities
1. State management agencies, regulatory
agencies for natural resources and environment at all levels, land registration
offices, cadastral officers in communes, wards and towns.
2. Land users, persons having land allocated by
the state, owners of land-linked properties and other relevant organizations,
individuals.
Chapter II
MANAGEMENT AND USE OF
RIPARIAN ALLUVIAL LAND, COASTAL ALLUVIAL LAND AND COASTAL LAND WITH WATER
SURFACE
Article 3. Formulation and
adjustment to land use planning, plans for riparian alluvial land, coastal
alluvial land and coastal land with water surface
1. For localities with land use planning, plans
not representing use of riparian alluvial land, coastal alluvial land and
coastal land with water surface, People’s committees of central-affiliated
provinces and cities (hereinafter referred to as People’s committees of
provinces), People’s committees of provincial-affiliated districts, communes
and cities (hereinafter referred to as People’s committees of districts) shall
be responsible for running the check to make amendments and supplements to land
use planning, plans.
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Article 4. Allocation,
leasing of riparian alluvial land, coastal alluvial land and coastal land with
water surface
1. Riparian alluvial land, coastal alluvial land
that are not yet used shall be allocated or leased out by People’s committees
of competent authorities; coastal land with water surface that is not yet used
shall be leased out by People’s committees of competent authorities and the
regime of land use shall be applied in conformity with land use purpose as
prescribed in the Law on Land.
2. Leasing of coastal land with water surface is
instructed in Article 52 and Article 58 of the Law on Land, Articles 13, 14 of
the Government's Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing the
implementation of the Law on Land (hereinafter referred to as the Decree No.
43/2014/NĐ-CP.
3. People's
committees of competent authorities shall decide to lease or expropriate
coastal land with water surface as prescribed in Article 59 of the Law on Land.
Article 5. Lease term of
riparian alluvial land, coastal alluvial land and coastal land with water
surface
1. Lease term of riparian alluvial land, coastal
alluvial land and coastal land with water surface shall be decided by competent
state agencies based on the lesee’s demand for land use represented in the
investment project, application form for land lease but ensure conformity with
progress of socio-economic development planning, plans; local land use
planning, plans, and relevant sector planning (if any) approved by competent
state agencies.
2. Lease term as prescribed in Clause 1 of this
Article shall not exceed 50 years. For projects of large capital with low ROI
(return on investment), projects implemented on the administrative division
facing socio-economic difficulties and requiring longer lease, lease term shall
not exceed 70 years.
3. When lease term expires, any land user who
needs extension of land use shall be put into consideration by the state but
not exceed the lease term as prescribed in Clause 2 of this Article.
Article 6. Riparian alluvial
land, coastal alluvial land and coastal land with water surface already used
for agricultural purpose before July 01, 2014
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When lease term expires, any land user who needs
extension of land use shall be considered for allocation of land without
payment of land levy.
2. Households or individuals that are currently
using riparian alluvial land, coastal alluvial land and coastal land with water
surface for agricultural purpose other than the cases as prescribed in Clause 1
of this Article must perform the following provisions:
To be permitted continued use of riparian
alluvial land, coastal alluvial land and coastal land with water surface for
the rest of land allocation term in case of allocation of land by the state;
When the land allocation term expires, any land
user who needs extension of land use that conforms to land use planning, plans
approved by competent state agencies shall be considered for continued lease;
b) To be permitted continued use of land for the
rest of land use term in case riparian alluvial land, coastal alluvial land and
coastal land with water surface originate from transfer, gift, or inheritance
of land use right from the land of the state’s origin; to switch into lease of
land since July 01, 2014 for the area beyond the limit of allocation of
agricultural land.
3. Vietnamese organizations, households or individuals
living abroad, foreign-invested enterprises that are leased riparian alluvial
land, coastal alluvial land and coastal land with water surface by the state
shall perform the following provisions:
To be permitted continued use of land for the
remaining land lease term;
b) When the land lease term expires, any land
user who needs extension of land use that conforms to land use planning, plans
approved by competent state agencies and does not violate the Law on Land shall
be considered for continued lease;
4. Organizations, households or individuals that
are using riparian alluvial land, coastal alluvial land and coastal land with
water surface originating from reclamation themselves without allocation or
lease by the state must fulfill procedures for submission to competent state
agencies for consideration for land lease.
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Formulation, making updates and adjustments to
cadastral documentation of coastal land with water surface is instructed in the
Ministry of Natural Resources and Environment’s Circular No. 24/2014/TT-BTNMT
dated May 19, 2014 regulating cadastral documentation (hereinafter referred to
as the Circular No. 24/2014/TT-BTNMT). Land registration office shall be
responsible for formulating cadastral documentation of coastal land with water
surface.
Chapter III
USE OF LAND IN CASE OF
DIVISION, SEPARATION, MERGER, CONSOLIDATION AND CONVERSION OF AN ENTERPRISE
Article 8. Use of land in
case of conversion of an enterprise
In case of conversion from limited liability
companies into joint-stock company or vice versa; conversion from single member
limited companies into limited liability companies from two members and over or
vice versa, use of land shall be prescribed as follows:
1. Conversion of an enterprise without change of
land use purpose:
a) In case a company in advance to conversion
was allocated land without payment of land levy, or leased land with land rents
paid once for the entire lease, allocated land with payment of land levy,
received transfer of land use right with land levy, land rents already paid,
amount of money paid for the transfer of land use right originating from state
budget, the Service of Natural Resources and Environment shall make the
submission to People’s committees of provinces for decision on allocation of
land, leasing of land to the company after conversion according to the Law on
Land.
Land price as foundations for collection of land
levy, land rents shall be the land price decided by People’s committees of
provinces at the time of allocation of land, leasing of land to the company
after conversion;
b) In case a company in advance to conversion
was leased land (by the state) with annual payment of land rents, or allocated
land with payment of land levy, leased land with land rents paid once for the
entire lease, received transfer of land use right with land levy, land rents
already paid, with amount of money paid for the transfer of land use right not
originating from state budget, such company after conversion shall be
responsible for registering changes of land, land-linked properties according
to the procedures prescribed in Article 85 of the Decree No. 43/2014/NĐ-CP;
re-signing a land lease contract with the Service of Natural Resources and Environment
in case of land lease without re-issuance of the decision on land lease.
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2. In case conversion of an enterprise takes
place simultaneously with conversion of land use purpose, execute conversion of
land use purpose as prescribed simultaneously with procedures for allocation of
land, leasing of land, or procedures for registration of change of land,
land-linked properties as prescribed in Clause 1 of this Article.
For conversion of land use purpose that requires
permission of competent state agencies, the land price for calculation of land
levy, land rents shall be the land price decided by People’s committees of
provinces at the time the decision on conversion of land use purpose is issued
by competent state agencies;
Article 9. Use of land in
case of division, separation of an enterprise
In case an enterprise using land carries out
division, separation according to the Law on Enterprises, use of land is
instructed as follows:
1. Decision on division, separation of an
enterprise must specify individual enterprises entitled to use the land, rights
and obligations of individual enterprises for the use of land after division,
separation;
In case division of land use rights among
enterprises after division, separation results in division, separation of the
land parcel, such division, separation must accord with land use planning,
plans; detailed urban construction planning; rural residential area planning;
new rural planning.
2. Division, separation of enterprises involving
division of land use rights among enterprises without change of land use
purpose shall be handled as follows:
a) In case a to-be-divided, separated company
was allocated land (by the state) without payment of land levy, or leased land
with land rents paid once for the entire lease, allocated land with payment of
land levy, received transfer of land use right with land levy, land rents
already paid, amount of money paid for transfer of land use right originating
from state budget, the Service of Natural Resources and Environment shall make
submission to People’s committees of provinces for decision on recovery of the
land from the divided, separated companies for allocation, leasing of land to
companies after division, separation according to the Law on Land.
Land price for calculation of land levy, land
rents shall be the land price decided by People’s committees of provinces at
the time of allocation of land, leasing of land to companies after division,
separation;
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Land price for calculation of land rents to be
paid annually by companies after division, separation shall the land price
determined for calculation of land rents for divided, separated companies if
the time of division, separation falls within a five-year cycle with land rents
being unchanged and shall be re-determined according to the Government’s Decree
No. 46/2014/NĐ-CP dated May 15, 2014 after the end of such five-year cycle.
3. In case division, separation of an enterprise
takes place simultaneously with conversion of land use purpose, execute
conversion of land use purpose as prescribed simultaneously with procedures for
recovery, allocation and leasing of land, registration for changes of land,
land-linked properties as prescribed in Clause 2 of this Article.
For conversion of land use purpose that requires
permission of competent state agencies, the land price for calculation of land
levy, land rents shall be the land price decided by People’s committees of
provinces at the time the decision on conversion of land use purpose is issued
by competent state agencies;
Article 10. Use of land in
case of consolidation, merger of an enterprise
1. In case a consolidated or merged company was
allocated land without payment of land levy, or leased land with land rents
paid once for the entire lease, allocated land with payment of land levy,
received transfer of land use right with land levy, land rents already paid,
amount of money paid for transfer of land use right originating from state
budget, the Service of Natural Resources and Environment shall make the
submission to People’s committees of provinces for decision on recovery of land
from consolidated or merged company for allocation or leasing of land to
consolidated or merging companies.
Land price for calculation of land levy, land
rents shall be the land price decided by People’s committees of provinces at
the time of allocation of land, leasing of land;
2. In case a consolidating or merged company was
leased land (by the state) with land rents paid annually, or allocated land
with payment of land levy, leased land with land rents paid once for the entire
lease, received transfer of land use right with land levy, land rents already
paid, amount of money paid for the transfer of land use right not originating
from state budget, the consolidated or merging companies shall be responsible
for registering changes of land, land-linked properties according to the
procedures prescribed in Article 85 of the Decree No. 43/2014/NĐ-CP; re-signing
a land lease contract with the Service of Natural Resources and Environment in
case of land lease without re-issuance of the decision on land lease.
Land price for calculation of land rents to be
paid annually by consolidated or merging companies shall be the land price
determined for calculation of land rents for consolidating or merged companies
if the time of consolidation or merging falls within a five-year cycle with
land rents being unchanged and shall be re-determined according to the
Government’s Decree No. 46/2014/NĐ-CP dated May 15, 2014 after the end of such
five-year cycle.
3. In case consolidation or merging of an
enterprise takes place simultaneously with conversion of land use purpose,
execute conversion of land use purpose as prescribed simultaneously with
procedures for recovery, allocation and leasing of land, registration for
changes of land, land-linked properties as prescribed in Clauses 1, 2 of this
Article.
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Chapter IV
REGULATIONS ON HANDLING
OF CASES CONCERNING ALLOCATION, LEASING OF LAND, CONVERSION OF LAND USE
PURPOSE, LAND REGISTRATION, ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS,
OWNERSHIP OF HOUSES AND LAND-LINKED PROPERTIES, CADASTRAL MAPS, STATISTICAL
REPORTS, LAND INVENTORY AND MAPS OF CURRENT LAND USE AND LAND PRICE
Article 11. Registration
for conversion of land use purpose
1. Cases of conversion of land use purpose
without application for permission of competent state agencies but registration
for changes include:
a) Convert annual crop land into construction of
facilities for breeding livestock, poultry, and other animals permitted by the
law;
b) Convert inhabited land into non-agricultural
land (not inhabited land);
2. Land users that need conversion of land use
purpose must submit one set of documentation including:
a) Registration form for changes of land,
land-linked properties according to Form No. 09/ĐK enclosed with the Circular
No. 24/2014/TT-BTNMT;
b) Land use right certificate; Certificate of rights
to land use, ownership of land, land-linked properties; Certificates of
ownership of houses, rights to inhabited land use (hereinafter referred to as
the certificates).
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a) Land users submit documentation to the
document receiving place as prescribed in Clauses 2, 3, 4, 5 of Article 60 of
the Decree No. 43/2014/NĐ-CP;
b) Land registration office shall be responsible
for conducting examination of documentation, field survey if necessary; giving
confirmations on the registration form; giving confirmations of land use
purpose on the certificates; making adjustments and updates on changes to
cadastral documentation, land database (if any); handing the certificates to
applicants or to People’s Committees of communes in case documentation is
submitted to authorities at commune-level.
Article 12. Time for
re-issuance of the certificates
In case re-issuance of Certificate of rights to
land use, ownership of land and land-linked properties, land use right
certificates, Certificates of ownership of houses and inhabited land use
rights, certificates of ownership of construction works requires measurement
and re-determination of area, size of land parcel, the time to fulfill
procedures for re-issuance of the certificates shall be stipulated by People’s
committees of provinces but shall not exceed total time for fulfilling
procedures for re-issuance of the certificates and registration for changes as
prescribed in Points i and p, Clause 2, Article 61 of the Decree No.
43/2014/NĐ-CP.
Article 13. Sequence,
procedures for transferring value of land use rights as prescribed in Point b,
Clause 1, Article 169 of the Law on Land and Article 39 of the Decree No.
43/2014/NĐ-CP
1. Land users must submit one set of
documentation for the exercise of land users’ rights
In case of transferring value of land use right
for part of a land parcel, the land registration office is requested to conduct
measurement and partition the area of land that requires the exercise of land
users’ rights before submission of documentation for the exercise of land
users’ rights.
2. The land registration office shall be
responsible for examining documentation and carrying out the following tasks if
conditions for transfer of land use right value are satisfied:
a) Send cadastral information to tax agencies to
determine financial obligations with respect to cases that require the exercise
of financial obligations;
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In case of issuance of Certificate of land use
right, ownership of land and land-linked properties, formulate documentation
submitted to competent agencies for issuance of the certificates to land users;
c) Make adjustments and updates on changes to
cadastral documentation, land database and handing the certificates to land
users;
3. Documentation for procedures as prescribed in
Clause 1 of this Article includes
a) Deeds of transfer of investment capital as
value of land use right according to the law provisions;
b) Cadastral measurements of land parcel in case
of transfer of land use right value for a land parcel;
c) Original copy of issued certificates;
Article 14. Additional
regulations on submission of documentation, procedures for land registration,
issuance of certificates of rights to land use, ownership of houses and
land-linked properties
1. Documentation to be submitted for
registration for changes of land, land-linked properties with respect to
households that transfer land use rights to private enterprises includes:
a) Registration form for changes of land,
land-linked properties according to Form No. 09/ĐK enclosed with the Circular
No. 24/2014/TT-BTNMT;
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c) Written agreement (authenticated or certified
as true copy) made by members of the households as land owners on transferring
land use right of households to enterprises according to the law provisions.
2. Documentation to be submitted for application
for re-issuance of the certificates to residential community in case of loss is
instructed in the same way as re-issuance of the certificates to households and
individuals in case of loss as prescribed in Clause 2, Article 10 of the
Circular No. 24/2014/TT-BTNMT.
3. In case of division, separation,
consolidation, merger and conversion of an enterprise, persons who are
responsible for submitting registration documentation for changes of land,
land-linked properties shall be the persons who use the land after division,
separation, consolidation, and merger.
4. For land use rights registered with the land
use right registration office before July 01, 2014, effective date of the
registration shall be the earliest recorded date shown in a receipt of eligible
documentation, or in cadastral books or land change monitoring books.
5. Any person who has his/her name on the
certificates or is authorized as prescribed in Clause 1, Article of the Decree
No. 43/2014/NĐ-CP shall be permitted to perform signing the contract, written
transaction for land use rights, ownership of land-linked properties only if
all members of the household using the land agree in writing and such agreement
must be authenticated or certified as true copy according to the law
provisions.
6. In case the certificates are already printed,
written or signed by competent agencies before July 01, 2014 and land users are
permitted the debit or exemption from financial obligations as prescribed, the
land registration office shall be responsible for representing information
about the debit, exemption from financial obligations on the certificates as
prescribed in Article 13 of the Ministry of Natural Resources and Environment’s
Circular No. 23/2014/TT-BTNMT dated May 19, 2014 (hereinafter referred to as
the Circular No. 23/2014/TT-BTNMT).
Article 15. Papers
concerning land use rights issued to land users by competent agencies of the
former regime
Papers concerning land use rights issued by
competent agencies of the former regime to land users as prescribed in Point e,
Clause 1, Article 100 of the Law on Land include:
1. Real estate ownership
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3. The deeds of purchase, offering as gifts,
change of houses, inheritance of land-linked houses with confirmations from
competent agencies of the former regime.
4. Testament or written agreement on division of
inheritance of houses confirmed by the former regime;
5. Housing construction permits or architecture
legalizing permits issued by the former regime;
6. Judgement made by the Court of the former
regime that came into force;
7. Other papers proving legal existence of
houses, land recognized by People’s committees of provinces;
Article 16. Re-issuance for
the certificates’ lost page
In case an additional page to the certificate is
lost and land users or owners of land-linked properties need re-issuance, the
re-issuance is instructed in Article 77 of the Decree No. 43/2014/NĐ-CP; land
registration office notes in the first line of the re-issued additional page
that “This additional page shall replace the additional page No...(Ordinal
number of the lost additional page).
Article 17. Determination
of land use term
1. In case a domestic organization that is using
the land as prescribed in Clause 2, Article 25 of the Decree No. 43/2014/NĐ-CP
without any paper concerning allocation of land, leasing of land, land use
rights as prescribed in Article 100 of Law on Land and Article 18 of the Decree
No. 43/2014/NĐ-CP, land use term shall be determined according to the
provisions set out in Article 26 of the Law on Land and calculated from the
date of issuance of the certificates.
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Article 18. Supplements to
Point 1.7, section 1, Part I of the Circular No. 83/2007/TT-BTC as follows:
1. Supplements and amendments made to Point b,
Clause 1, Article 19 of the Circular No. 23/2014/TT-BTNMT are as follows:
b) In case corrections are made to the issued
certificates by competent agencies as prescribed in Article 105 of the Law on
Land and Article 37 of the Decree No. 43/2014/NĐ-CP. In case confirmations on
supplements of ownership of land-linked properties are made to the issued
certificates there are corrections made to the issued certificates by competent
agencies as prescribed in Article 37 of the Decree No. 43/2014/NĐ-CP;
2. Supplements and amendments made to Clause 5,
Article 24 of the Circular No. 23/2014/TT-BTNMT are as follows:
“5. Issuance of the certificates in case of
ultra vires land allocation from July 01, 2004 to before July 01, 2014 as
prescribed in Article 23 of the Decree No. 43/2014/NĐ-CP is handled as follows:
Clarify and demand accountability of those who
are involved in ultra vires land allocation as prescribed;
b) Carry out considerations and make decision on
each specific case and issue the certificates to only those who have used the
land in a stable way without dispute, in conformity with land use planning,
detailed urban construction planning, rural residential planning, or new rural
construction planning approved by competent state agencies and must perform
financial obligations according to the law provisions; in case of allocation of
land for housing, issue the certificates to only households and individuals
that have no inhabited land or house in the administrative division for
occupation.”
Article 19. Supplementing
and amending provisions set out in Circular No. 24/2014/TT-BTNMT
Supplements and amendments made to the Circular
No. 24/2014/TT-BTNMT are as follows:
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“6. Documentation of registration for changes of
land use, land-linked properties resulting from changes of information about
persons who are issued the certificates (change of name or legal papers,
records, address...); reduction of land area due to natural landslide, changes
resulting from re-determination of inhabited land within a land parcel with
garden, pond and houses thereon; changes regarding restriction of land use
right; financial obligations, and changes of land-linked properties in
comparison with registration information for issuance of the certificates
including:"
2. Supplements made to Clauses 5 and 6, Article
11 of the Circular No. 24/2014/TT-BTNMT are as follows:
“5. In case the land registration office is
equipped with a scanner, submission of registration documentation for issuance
of Certificate of rights to use land, ownership of land and properties on land
is instructed as follows:
a) Persons who perform registration procedures
for first issuance of the certificates should present original papers of land
use right, ownership of land-linked properties as prescribed in Article 100 of
the Law on Land, and Articles 18, 31, 32, 33, 34 of the Decree No.
43/2014/NĐ-CP (if any) for scanning in the land registration office.
Expenses for scanning such papers shall be paid
by persons performing registration procedures for issuance of the certificates
according to the limit decided by People’s committees of provinces after
approval of People’s Council of the same level;
b) The land registration office shall affix a
seal “Certificates Issued” onto original papers of land use right, ownership of
land-linked properties and return to applicants upon issuance of the
certificates.
In case papers of land use right, ownership of
land-linked properties remain valid for issuance of the certificates (e.g.
papers of inheritance for multiple people with some of them granted the
certificates and some still not granted), the land registration office must
affix the seal “Certificates issued to ....(name of land user, owner of
land-linked properties)’ for every issuance of certificates; When papers of
land use right, ownership of land-linked properties are no longer valid for issuance
of the certificates (certificates have been already granted to all land users,
owners of land-linked properties who inherit land use rights represented on
such papers), the land registration office shall affix the seal
"Certificates Issued”.
6. As of January 01, 2016, submission of
registration documentation for issuance of Certificate of rights to use land,
ownership of houses and land-linked properties shall be instructed in
conformity with the manner as prescribed in Clause 5 of this Article”.
3. Phrases “Applicant” and “Recipient of Result”
shall be replaced with “Recipient of Documentation” and “Respondent”
respectively at signature part of Copy 2, Form 02/ĐK under Appendix 01 enclosed
with the Circular No. 24/2014/TT-BTNMT.
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Supplements and amendments made to a number of
articles of the Circular No. 25/2014/TT-BTNMT regarding cadastral map are as
follows:
1. Phrase “Area with Mt ≤ 1” as
prescribed in Point 1.5, Clause 1, Article 6 is replaced with "Area with Mt
< 5”.
2. Amendments made to Clause 2, Article 20 as
follows:
“2. Information contained in land inventory
records includes ordinal number of cadastral map, cadastral drawing; ordinal
number of land parcel; land occupations without constituting a land parcel;
name of entities using and managing land; codes of entities using and managing
land; land area; land type (including type of land by status or by legal
documents about land use right).
3. Amendments made to Point 7.1, Clause 7,
Article 22 as follows:
“7.1. Cadastral drawings (of land parcel) used
by land registration office, branch of land registration office, or land use
right registration office (hereinafter referred to as the land registration
office) for registration for issuance of the certificates must bear signatures
of persons conducting measurement, investigation and signature of approval of
director of the land registration office in the position according to Form as
prescribed in Point 4, Section III, Appendix 01 enclosed herewith."
4. Amendments made to Point d, Clause 3.2,
Section I of Appendix 01 as follows:
“d) Represented as red, color code = 3, Red
=22.5, Green =0, Blue=0 for boundaries of land parcel under planning.”
5. Phrase “Coordinates and length of land parcel
side” at Section 12 of the Appendix 12 is replaced with “Length of land parcel
side”.
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Supplements and amendments made to a number of
articles of the Circular No. 28/2014/TT-BTNMT dated June 02, 2014 regulating
statistical reports, inventory of land and formulation of land use status map
as follows:
1. Amendments and supplements made to Point c,
Clause 2, Article 19 as follows:
“c) Boundaries of zoned land as delineated on
the map of investigation and inventory must describe exactly the status
determined during delineation, no summarization or generalization to ensure
most accurate representation of positions and area of the land according to
results of field survey.
Zoned land as delineated on the map of
investigation and inventory must describe such elements as ordinal number of
zoned land; codes of land types; codes of entities using or managing land in
the following manners:
Codes of land
types
Ordinal number
of zoned land
Codes of
entities using or managing land
Area of zoned
land
* In case land
zoning has primary and secondary purposes, the former must be represented first
and the latter represented in brackets:
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Ordinal number
of zoned land
Codes of
entities using or managing land
Area of zoned
land
* In case land zoning has multiple use purposes
with area for each specific purpose being determined:
Codes of land
type 1 (area of land type 1); Codes of land type 2 (area of land type 2)
Ordinal number
of zoned land
Codes of
entities using or managing land
Area of zoned
land
Codes of land types, types of entities using and
managing land as prescribed in Appendix 04 enclosed herewith;
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2. Amendments made to Point d, Clause 4, Article
23 as follows:
“d) Time for submitting statistical reports,
inventory of land for national defense and security to People’s committees of
provinces is the same as the time for sending statistical reports, inventory of
land to People’s Committees of communes as prescribed in Point a, Clause 2,
Article 5 and Point a, Clause 2, Article 6 hereof;”
3. Amendments made to Clause 3, Article 24 as
follows:
“3. Results of inspection as prescribed in
Points b, c, d and dd, Clause 2 of this Article must be made into a report as
prescribed in Clause 1 of this Article.”
4. Amendments made to Point c, Clause 2, Article
25 as follows:
“c) The land registration office or provincial
land use right registration office (for administrative divisions where the land
registration office is not yet established) shall inspect results (commune
level) before receiving”.
5. Amendments made to Clause 3, Article 25 as
follows:
“3. Results of inspection, examination and
verification as prescribed in Points b, c, d and dd, Clause 2 of this Article
must be made into a report as prescribed in Clause 1 of this Article.”
6. Amendments made to Point 1.1.1, Appendix 01
as follows:
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7. Amendments made to Point 1.1.2, Appendix 01
as follows:
“Perennial land means the land used for growing
perennial plants.
Kinds of perennial plants include:
- Perennial industrial plants are the perennial
plants that yield products other than wood and used as raw materials for industrial
production or usable only if processed such as tea, coffee, rubber, pepper,
cashew, cocoa, coconuts...;
- Perennial fruit trees are the perennial plants
that yield products for fresh consumption or in combination with processing
(including bananas);
- Mixed garden means a garden where perennial
plants and annual plants are grown together without being recognized as
inhabited land;
- Other perennial plants other than perennial
industrial plants and fruit trees are mainly plants that yield wood, shades,
landscape beauty in urban or rural residential areas.
In case perennial land is combined with
aquaculture, trading and services, in addition to perennial land use purpose,
other purposes such as aquaculture, production and trading (non-agricultural)
must be inventoried.”
8. Amendments made to Point 2.1.2, Appendix 01
as follows:
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9. Amendments made to Point 2.2.4.1, Appendix 01
as follows:
“Land for construction of head offices for
public service units is the land for construction of head office or
representative offices of public service units affiliated to regulatory
agencies, political organizations, socio-political organizations,
socio-political – occupational organizations; head offices of social
organizations, socio-professional organizations (except cultural, medical,
education and training, sporting, scientific and technological, social service
establishments and facilities).”
Article 22. Supplements and amendments made provisions set out in the
Circular No. 36/2014/TT-BTNMT
Supplements and amendments made to Clause 1,
Article 28 of the Minister of Natural Resources and Environment’s Circular No.
36/2014/TT-BTNMT detailing method of land price determination; formulation,
adjustments to land price; determination of specific land price and consultancy
on land pricing as follows:
"1. Based on annual draft land-use planning
(district level), state-owned enterprises equitization plans, the Service of
Natural Resources and Environment shall carry out formulation of plans for
determination of specific land prices for the following year and make the
submission to People’s committees of provinces along with annual land use plans
(commune level); selection of organization performing land price consultancy
function to implement plans for determination of specific land prices must be
completed before March 31 annually.”
Article 23. Supplementing
and amending content of economic and technical norms in statistical reports,
inventory of land and mapping of land use status
Supplements and amendments made a number of
articles of the economic and technical norms in statistical reports, inventory
of land and mapping of land use status enclosed with the Minister of Natural
Resources and Environment’s Circular No. 42/2014/TT-BTNMT dated July 29, 2014
are as follows:
1. Phrase “lowland commune with an area from
1,000 ha and under” is replaced with “lowland commune with an area of 1,000 ha”
at bottom of Table 1, Clause 2, Section I, Chapter I, Part II; at bottom of
Table 8, Point 2.2, Clause 2, Section I, Chapter II, Part II, and at the bottom
of Table 30, Clause 3, Section I, Chapter I, Part III.
2. Amendments to Table 2: coefficient of area
scale at commune level (Kdtx) as prescribed in Clause 2, Section 1,
Chapter I, Part II as follows:
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Table 2
No.
Natural area
(ha)
Coefficient
(Kdtx)
Specific
coefficient determined by interpolation formula
1
≤ 100 - 1,000
0.5 - 1.00
Coefficient of the commune to be calculated =
0.5+((1.0-0.5)/(1,000- 100))x(area of the commune to be calculated -100)
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> 1,000 -
2,000
1.01 - 1.10
Coefficient of the commune to be calculated =
1.01+((1.1-1.01)/(2,000- 1,000))x(area of the commune to be calculated
-1,000)
3
> 2,000 -
5,000
1.11 - 1.20
Coefficient of commune to be calculated =
1.11+((1.2-1.11)/(5,000- 2,000))x(area of commune to be calculated -2000)
4
> 5,000 -
10,000
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Coefficient of commune to be calculated =
1.21+((1.3-1.21)/(10,000- 5,000))x(area of the commune to be calculated
-5,000)
5
> 10,000 -
150,000
1.31 - 1.40
Coefficient of commune to be calculated =
1.31+((1.4-1.31)/(150,000- 10,000))x(area of the commune to be calculated
-10,000)
3. Phrase “district having from 15 commune-level
units and under” is replaced with “having 15 commune-level units” at the bottom
of Table 4, Clause 2, Section II, Chapter I, Part II; Tables 13 and 14, Clause
2, Section II, Chapter II, Part II and Table 33, Clause 3, Section II, Chapter
I, Part III.
4. Phrase “province having from 10
district-level units and under” is replaced with “having 10 district-level
units” at the bottom of Table 5, Clause 2, Section III, Chapter I, Part II; at
the bottom of Tables 19 and 20, Clause 2, Section III, Chapter II, Part II and
at the bottom of Table 36, Clause 3, Section III, Chapter I, Part III.
5. Amendments to Table 10 (Coefficient of
commune-level map ratio (Ktlx)) at the bottom of Table 9 prescribed
in Clause 2, Section I, Chapter II, Part II as follows:
Table of coefficient of commune-level map ratio
(Ktlx):
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No.
Map ratio
Natural area
(ha)
Ktlx
Specific
coefficient (Ktlx) determined by interpolation formula
1
1/1000
≤ 100
1.00
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> 100 - 120
1.01 - 1.15
Coefficient Ktlx of commune to
be calculated = 1.01+((1.15-1.01)/(120-100))x(area of the commune to
be calculated -100)
2
1/2000
> 120 - 300
0.95 - 1.00
Ktlx of commune to be calculated
= 0.95+((1.0-0.95)/(300-120))x(area of the commune to be calculated
-120)
> 300 - 400
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Ktlx of commune to be calculated
= 1.01+((1.15-1.01)/(400-300))x(area of the commune to be calculated
-300)
> 400 - 500
1.16 - 1.25
Ktlx of commune to be
calculated = 1.16+((1.25-1.16)/(500-400))x(area of the commune to be
calculated -400)
3
1/5000
> 500 -
1,000
0.95 - 1.00
Ktlx of commune to be
calculated = 0.95+((1.0-0.95)/(1,000-500))x(area of the commune to be
calculated -500)
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1.01 - 1.15
Ktlx of commune to be
calculated = 1.01+((1.15-1.01)/(2,000-1,000))x(area of the commune to be
calculated -1,000)
> 2,000 -
3,000
1.16 - 1.25
Ktlx of commune to be calculated = 1.16+((1.25-1.16)/(3,000-2,000))x(area
of the commune to be calculated -2,000)
4
1/10000
> 3,000 -
5,000
0.95 - 1.00
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> 5,000 -
20,000
1.01 - 1.15
Ktlx of commune to be
calculated = 1.01+((1.15-1.01)/(20,000-5,000))x(area of the commune to be
calculated -5,000)
> 20,000 -
50,000
1.16 - 1.25
Ktlx of commune to be
calculated = 1.16+((1.25-1.16)/(50,000-20,000))x(area of the commune to be
calculated -20,000)
> 50,000 -
150,000
1.26 - 1.35
Ktlx of commune to be
calculated = 1.26+((1.35-1.26)/(150,000-50,000))x(area of the commune to be
calculated -50,000)
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Table of coefficient of district-level map ratio
(Ktlh):
Table 15
No.
Map ratio
Natural area
(ha)
Ktlh
Specific
coefficient (Ktlh) determined by interpolation formula
1
1/5000
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1.00
Ktlh of district to be
calculated = 1.0
> 2,000 -
3,000
1.01 - 1.15
Ktlh of district to be
calculated = 1.01+((1.15- 1.01)/(3,000-2,000))x(area of district to be
calculated -2,000)
2
1/10000
> 3,000 -
7,000
0.95 - 1.00
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> 7,000 -
10,000
1.01 - 1.15
Ktlh of district to be
calculated = 1.01+((1.15- 1.01)/(10,000-7,000))x(area of district to be
calculated -7,000)
> 10,000 -
12,000
1.16 - 1.25
Ktlh of district to be
calculated = 1.16+((1.25- 1.16)/(12,000-10,000))x(area of district to be
calculated -10,000)
3
1/25000
> 12,000 -
20,000
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Ktlh of district to be
calculated = 0.95+((1.0- 0.95)/(20,000-12,000))x(area of district to be
calculated -12,000)
> 20,000 -
50,000
1.01 - 1.15
Ktlh of district to be
calculated = 1.01+((1.15- 1.01)/(50,000-20,000))x(area of district to be
calculated -20,000)
> 50,000 -
100,000
1.16 - 1.25
Ktlh of district to be
calculated = 1.16+((1.25- 1.16)/(100,000-50,000))x(area of district to be
calculated -50,000)
> 100,000 -
350,000
1.26 - 1.35
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Table of coefficient of number of commune-level
units affiliated to districts (Ksx):
Table 16
No.
Number of
commune-level units affiliated to districts
Ksx
Specific
coefficient (Ksx) determined by interpolation formula
1
15
1.00
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In case number
of district-affiliated communes is less than 15, use formula = 1+(0.04x(Number
of district-affiliated communes to be calculated -15))
2
16 - 20
1.01 - 1.06
Ksxof district-affiliated
communes to be calculated = 1.01+((1.06- 1.01)/(20-16))x(area of
district-affiliated communes to be calculated -20,000)
3
21 - 30
1.07 - 1.11
Ksxof district-affiliated
communes to be calculated = 1.07+((1.1-1.07)/(30- 21))x(area of
district-affiliated communes to be calculated -21)
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31 - 40
1.12 - 1.15
Ksxof district to be
calculated = 1.12+((1.15-1.12)/(40-31))x(area of district-affiliated communes
to be calculated -31)
5
41 - 50
1.16 - 1.18
Ksxof district to be
calculated = 1.16+((1.18-1.16)/(50- 41))x(area of district-affiliated
communes to be calculated -41)
7. Amendments to Table 21 (Coefficient of
province-level map ratio (Ktlt), and Table 22 (Coefficient of
number of district-level units affiliated to provinces (Ksh) at the
bottom of Table 20 prescribed in Clause 2, Section III, Chapter II, Part II as
follows:
Table of coefficient of province-level map ratio
(Ktlt):
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
No.
Map ratio
Natural area
(ha)
Ktlt
Specific
coefficient (Ktlt) determined by interpolation formula
1
1/25000
≤ 50,000
1.00
...
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> 50,000 -
100,000
1.01 - 1.15
Ktlt of district to be
calculated = 1.01+((1.15- 1.01)/(100,000-50,000))x(area of district to
be calculated -10,000)
2
1/50000
> 100,000 -
200,000
0.95 - 1.00
Ktlt of district to be
calculated = 0.95+((1.0- 0.95)/(200,000-100,000))x(area of district to be
calculated -10,000)
> 200,000 -
250,000
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Ktlt of province to be
calculated = 1.01+((1.1- 1.01)/(250,000-200,000))x(area of province to be
calculated -200,000)
> 250,000 -
350,000
1.11 - 1.25
Ktlt of province to be
calculated = 1.11+((1.25- 1.11)/(350,000-250,000))x(area of province to be
calculated -250,000)
3
1/100000
> 350,000 -
500,000
0.95 - 1.00
Ktlt of province to be
calculated = 0.95+((1.0- 0.95)/(500,000-350,000))x(area of province to be
calculated -350,000)
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> 500,000 -
800,000
1.01 - 1.15
Ktlt of province to be
calculated = 0.01+((1.15- 0.01)/(800,000-500,000))x(area of province to be
calculated -500,000)
> 800,000 -
1,200,000
1.16 - 1.25
Ktlt of province to be
calculated = 1.16+((1.25- 1.16)/(1,200,000-800,000))x(area of province to be
calculated -800,000)
> 1,200,000
- 1,600,000
1.26 - 1.35
Ktlt of province to be
calculated = 1.26+((1.35- 1.26)/(1,600,000-1,200,000))x(area of province to
be calculated -350,000)
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Table 22
No.
Number of
district-level units affiliated to provinces
Ksh
Specific
coefficient (Ksh) determined by interpolation formula
1
10
1.00
Ksh of province to be
calculated = 1.0; In case number of provincial-affiliated districts is less
than 10, use formula = 1+(0.04x(Number of provincial-affiliated districts
-10))
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11 - 15
1.01 - 1.06
Ksh of province to be
calculated = 1.01+((1.06-1.01)/(15- 11))x(number of provincial-affiliated
districts to be calculated -11)
3
16 - 20
1.07 - 1.11
Ksh of province to be
calculated = 1.07+((1.11-1.07)/(20- 16))x(number of provincial-affiliated
districts to be calculated -16)
4
21 - 30
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Ksh of province to be
calculated = 1.12+((1.15-1.12)/(30- 21))x(number of provincial-affiliated
districts to be calculated -21)
5
31 - 50
1.16 - 1.18
Ksh of province to be
calculated = 1.16+((1.18-1.16)/(50- 31))x(number of provincial-affiliated
districts to be calculated -31)
8. Phrase “checking results of land inventory”
at Point 1.2, Clause 1 and Point 2.1, Clause 2 of Section II, Chapter I, Part
II; Point 1.2, Clause 1, Point 2.1, Clause 2 of Section III, Chapter I, Part
II; Point 1.2, Clause 1 and Point 2.1, Clause 2 of Section IV, Chapter I, Part
II is replaced with “auditing documentation of land inventory results”.
9. Phrase “examination and verification of
results of land inventory” at Point 1.2, Clause 1 and Point 2.2, Clause 2 of
Section II, Chapter II, Part II; Point 1.2, Clause 1, Point 2.2, Clause 2 of
Section III, Chapter II, Part II; Point 1.2, Clause 1 and Point 2.2, Clause 2
of Section IV, Chapter II, Part II is replaced with “auditing documentation of
land inventory results”.
10. Amendments and supplements to Table 45,
Point 2.3, Clause 2, Section I, Chapter II, Part III as follows:
Notes: Norms of equipment and instrument
above are calculated for an average commune (lowland commune having an area of
1,000 ha); when calculating norms for each specific commune, apply
corresponding formula for norms of tech labor “Investigation, Zoning and
Mapping Inventory Investigation Results” under the Section “Inventory of Land
and Mapping Land Use Status at Commune Level” with adjustments made to
coefficient of commune-level area scale (Kdtx) as prescribed in
Table 2 and coefficient of regional adjustment (Kkv) as prescribed
in Table 3, Clause 2, Section I, Chapter I.
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Notes: Norms of equipment, instrument
above are calculated for an average commune (mapping land use status at ratio
1:1,000 in proportion to area scale less than or equal to 100 ha; ratio 1:2,000
in proportion to area scale equal to 300 ha; ratio 1:5,000 in proportion to
area scale equal to 1,000 ha; ratio 1/10,000 in proportion to area scale equal
to 5,000 ha); when calculating norms for each specific commune, apply
corresponding formula for norms of tech labor "Mapping Land Use
Status" under the Section “Inventory of Land and Mapping Land Use Status
at Commune Level” with adjustments made to coefficient of commune-level map
ratio (Kdtx) as prescribed in Table 10, Clause 2, Section I, Chapter
II, Part II.
12. Amendments and supplements to bottom part of
Table 57, Point 2.3, Clause 2, Section II, Chapter II, Part III as follows:
“Notes: Norms of equipment and instrument
above are calculated for an average district having 15 commune-level
administrative units; when calculating norms for each specific district, apply
corresponding formula for norms of tech labor “Receiving and auditing
documentation of land inventory results; compilation of statistical figures
about land area; analysis and assessment of current conditions and changes of
land use” under the Section “Inventory of Land and Mapping Land Use Status at
District Level” with adjustments made according to formula MH
= Mtbh x [1 + 0.04 x (Kslx - 15)].
13. Amendments and supplements to bottom part of
Table 60, Point 3.3, Clause 3, Section II, Chapter II, Part III as follows:
“Notes: Norms of equipment, instrument above are
calculated for an average district having 15 commune-level administrative units
(Mapping land use status at ratio 1/5,000 with area scale less than or equal to
2,000 ha; ratio 1/10,000 with area scale equal to 7,000 ha; ratio 1/25,000 with
area scale equal to 20,000 ha); when calculating norms for each specific
district, apply corresponding formula for norms of tech labor “Mapping Land Use
Status at District Level” under the section “Inventory of Land and Mapping Land
Use Status at District Level” with adjustments made to coefficient of
district-level map ratio (Ktlh) as prescribed in Table 15 and
coefficient of number of commune-level units affiliated to districts (Ksx)
in Table 16, Clause 2, Section II, Chapter II, Part II.
14. Loss rate for equipment in the list
“Computer equipment” at “Norms” column of Table 65, Point 1.2, Clause 1,
Section III, Chapter II, Part III is corrected as “0.01” from “0.00”.
15. Amendments and supplements to bottom part of
Table 69, Point 2.3, Clause 2, Section II, Chapter II, Part III as follows:
“Notes: Norms of equipment and instrument
above are calculated for an average province having 10 district-level
administrative units; when calculating norms for each specific province, apply
corresponding formula for norms of tech labor “Receiving and auditing
documentation of land inventory results; compilation of statistical figures
about land area; analysis and assessment of current conditions and changes of
land use” under the Section “Inventory of Land and Mapping Land Use Status at
District Level” with adjustments made according to formula MT = Mtbt
x [1 + 0.04 x (Kslh - 10)].
16. Amendments to bottom part of Table 72,
Clause 3, Section II, Chapter II, Part III as follows:
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Chapter V
IMPLEMENTARY PROVISIONS
Article 24. Effect
1. This Circular takes effect since March 13,
2015.
2. This Circular replaces:
The Minister of Natural Resources and
Environment’s Circular No. 01/2005/TT-BTNMT dated April 13, 2005 instructing
the implementation of a number of articles of the Government’s Decree No.
181/2004/NĐ-CP dated October 29, 2004 on the implementation of the Law on Land;
b) The Minister of Natural Resources and
Environment’s Circular No. 06/2007/TT-BTNMT dated June 15, 2007 instructing the
implementation of a number of articles of the Government’s Decree No. 84/2007/NĐ-CP
dated May 25, 2007 regulating supplements to issuance of land use right
certificate, land expropriation, the exercise of land use rights, sequence and
procedures for compensation, supports and relocation upon land expropriation by
the state and handling of complaints on land;
c) The Minister of Natural Resources and
Environment’s Circular No. 09/2013/TT-BTNMT dated May 28, 2013 regulating
management and use of riparian alluvial land, coastal alluvial land and coastal
land with water surface
Article 25. Transitional
handling of some cases related to allocation of land, leasing of land,
permission for conversion of land use purpose
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2. Any investor that has received transfer of
land use right and conversion of land use purpose according to the law for the
implementation of investment projects before July 01, 2014 and adopted land
allocation with payment of land levy shall be permitted continued use of land
for the remaining land use term without conversion into land lease. When the
land use term expires and if competent state agencies permit extension, the
investor must perform conversion into land lease.
3. In case
economic organizations are permitted continued use of land as prescribed in
Clause 4, Article 60 of the Law on Land in 2013, the land registration office
shall make adjustments to land use term in the cadastral documentation for the
rest of the term of the approved project.
Article 26. Implementation
1. General Department of Land Administration
shall be responsible for inspecting and speeding up the execution of this
Circular.
2. People’s
committees of central-affiliated cities and provinces shall be responsible for
instructing the execution of this Circular in localities, checking and
annulling any provisions in contrary to this Circular.
3. The Service of Natural Resources and
Environment shall be responsible for supporting People’s committees of
central-affiliated cities and provinces in organizing execution of this
Circular in localities.
4. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Natural
Resources and Environment for consideration and handling. /.
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