CHƯƠNG V Luật đất đai 2003: Thủ tục hành chính về quản lý và sử dụng đất đai

Chapter V

ADMINISTRATIVE PROCEDURES FOR LAND MANAGEMENT AND USE

Article 122.- Order and procedures for land assignment, land lease, granting of land use certificates to land assignees, land lessees

1. The dossiers of application for land assignment or land lease shall be submitted according to the following regulations:

a) Organizations, overseas Vietnamese, foreign organizations and individuals, that apply for land assignment or land lease, shall file two sets of dossiers at the land management offices of the provinces or centrally-run cities where exists the land.

Households and individuals, that apply for land assignment or land lease, shall file two sets of dossiers at the land management offices of rural districts, urban districts, provincial capitals or towns where exists the land;

b) The dossiers of application for land assignment or land lease shall each comprise the application for land assignment or land lease; investment projects of organizations under the provisions of legislation on investment; for overseas Vietnamese, foreign organizations and individuals, there must be investment projects and copies of the investment licenses under the provisions of legislation on investment, with certification by State notary public.

2. Land assignment and land lease with regard to land with ground being already cleared are stipulated as follows:

a) Within no more than ten working days as from the date of receiving the complete and valid dossiers, the dossier-receiving agencies shall have to extract the cadastral maps or cadastral measurement of the land plots applied for assignment or lease; determine the amounts of land use levy or land rent; carry out procedures for land assignment, land lease, granting of land use right certificates according to regulations and hand decisions on land assignment or land lease to land assignees or land lessees;

b) Within no more than ten working days as from the dates when the land assignees or land lessees fulfill their financial obligations according to law provisions, the land management offices shall sign land lease contracts, for case of land lease, organize the hand over of land on the field and hand the land use right certificates to the land assignees or land lessees.

3. The land assignment and land lease with regard to land with ground being not yet cleared are stipulated as follows:

a) Within no more than thirty working days as from the date of receiving the complete and valid dossiers, the dossier- receiving agencies shall have to complete the recommendation of locations; extract cadastral maps or cadastral meassurement of the land plots applied for assignment or lease; determine the land use levy or land rent amounts; carry out procedures for land assignment, land lease, the granting of land use right certificates according to regulations and hand land assignment or land lease decisions to land assignees or land lessees;

b) Basing themselves on the land assignment or land lease decisions of competent State agencies, the People’s Committees of rural districts, urban districts, provincial capitals or towns shall organize the compensations and ground clearance;

c) Within no more than ten working days as from the date of completing the ground clearance and the land assignees or land lessees have fulfilled their financial obligations according to law provisions, the land management agencies shall sign land lease contracts for case of land lease; organize the hand over of land on the field and hand the land use right certificates to land assignees or land lessees.

Article 123.- Order and procedures for granting of land use right certificates to current land users

1. The submission of dossiers of application for land use right certificates is stipulated as follows:

a) The applicants for land use right certificates shall file their dossiers at the land use right registries; in cases where rural households or individuals apply for land use right certificates, they shall file their dossiers at the People’s Committees of the communes where exists the land for transfer to the land use right registries;

b) The dossiers of application for land use right certificates shall each comprise the written application for land use right certificate, the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of this Law (if any), letters of authorization of the application for land use right certificate (if any).

2. Within no more than fifty working days as from the date of receiving the complete and valid dossiers, the land use right registries shall have to transfer the dossiers to the land management offices of the People’s Committees competent to grant the land use right certificates for carrying out the procedures for granting the land use right certificates; in cases where the financial obligations must be fulfilled while such financial obligations are determined according to the cadastral data, the land use right registries shall forward the cadastral data to the tax offices for determination of the financial obligation levels according to law provisions; notify the land use right certificate grantees to fulfill the financial obligations; in cases where conditions are not met, they shall return the dossiers and notify the reasons therefor to the land use right certificate applicants.

3. Within five working days as from the date of fulfilling their financial obligations, the land use right certificate grantees shall go to the places where they submitted their dossiers to receive the land use right certificates.

Article 124.- Order and procedures for registration of land use purpose changes for cases where permission is not required

1. Persons who wish to change the land use purposes shall file their land use purpose change declarations and land use right certificates at the land use right registries; for households and individuals in rural areas, such papers shall be filed at the People’s Committees of the communes where exists the land for transfer to the land use right registries.

2. Within no more than seven working days as from the date of receiving the papers prescribed in Clause 1 of this Article, the land use right registries shall have to verify the registration declarations and transfer the land use right certificates to the land management offices of the People’s Committees competent to grant the land use right certificates for adjustment and transfer the adjusted land use right certificates to the places where the dossiers were received for return to the land use purpose change registrants.

Article 125.- Order and procedures for land use purpose changes for cases where permission is required

1. The submission of dossiers of application for land use purpose changes for cases where permission is required is stipulated as follows:

a) Organizations, overseas Vietnamese and foreign organizations or individuals, that apply for land use purpose changes, shall file their dossiers at the land management offices of the provinces or centrally-run cities where exists the land.

Households and individuals, that apply for land use purpose changes, shall file their dossiers at the land management offices of rural districts, urban districts, provincial capitals or provincial towns, where exists the land;

b) The dossiers of application for land use purpose changes shall each comprise the written application for land use purpose change, the land use right certificate and the investment project of the organization as provided for by the legislation on investment.

2. Within no more than twenty working days as from the date of receiving the complete and valid dossiers, the dossier-receiving agencies shall have to carry out the administrative procedures to permit the land use purpose changes; determine the land use levy collection level for cases where the land use levies must be paid, notify the persons permitted to change the land use purposes to fulfill their financial obligations according to law provisions; in cases where the conditions are not fully met, they shall return the dossiers and notify the reasons therefor to the land use purpose change applicants.

3. Within five working days as from the date the persons permitted to change the land use purposes fulfill their financial obligations according to law provisions, the dossier-receiving agencies shall hand the adjusted land use right certificates to the persons who have been permitted to change the land use purposes.

Article 126.- Order and procedures for exchange of land use rights of households, individuals

1. The submission of dossiers of land use right exchanges is stipulated as follows:

a) The dossiers of land use right exchanges shall be filed at the People’s Committees of communes, wards or townships where exists the land for transfer to the land use right registries;

b) The dossiers of land use right exchanges shall each comprise the contract on land use right exchange and the land use right certificate.

The contracts for exchanges of land use right of households or individuals must be certified by the People’s Committees of communes, wards or district townships where exists the land, or certified by the State notary public.

2. Within no more than ten working days as from the date of receiving the complete and valid dossiers, the land use right registries shall transfer the dossiers to the land management agencies of rural districts, urban districts, provincial capitals or provincial towns for carrying out the procedures for granting of land use right certificates.

Where the exchanging parties must fulfill their financial obligations while such financial obligations are determined according to the cadastral data, the land use right registries shall send the cadastral data to the tax offices for determination of the financial obligations according to law provisions; the land use right registries shall notify the exchanging parties to fulfill their financial obligations.

Within no more than five working days as from the date for fulfilling their financial obligations, the exchanging parties shall receive the land use right certificates at the places where they have submitted their dossiers.

Article 127.- Order and procedures for land use right transfer

1. The submission of dossiers of land use right transfer is stipulated as follows:

a) The land use right transfer dossiers shall be filed at the land use right registries; for households and individuals in rural areas, such dossiers shall be filed at the People’s Committees of communes where exists the land for transfer to the land use right registries;

b) The land use right transfer dossiers shall each comprise the land use right transfer contract and the land use right certificate.

The land use right transfer contracts must be certified by the State notary public; for land use right transfer contracts of households or individuals, the form of certification by the State notary public or authentication by the People’s Committees of communes, wards or townships where exists the land may be opted for.

2. Within no more than fifteen working days as from the date of receiving the complete and valid dossiers, the land use right registries shall have to verify the dossiers, then transfer them to the land management agencies of the People’s Committees competent to grant the land use right certificates for carrying out the procedures to grant the land use right certificates.

Where parties to the transfer must fulfill their financial obligations while such financial obligations are determined according to the cadastral data, the land use right registries shall send the cadastral data to the tax offices for determination of the financial obligations according to law provisions; the land use right certificate registries shall notify the parties to the transfer to fulfill their financial obligations.

Within no more than five working days as from the date of fulfilling their financial obligations, the parties engaged in the land use right transfer shall receive the land use right certificates at the places where they have submitted their dossiers.

Article 128.- Order and procedures for lease, sublease of land use rights

1. The submission of dossiers on land use right lease or sublease (hereinafter referred collectively to as land use right lease) is stipulated as follows:

a) The land use right lease dossiers shall be filed at the land use right registries; in cases where households and individuals use land in rural areas, such dossiers shall be filed at the People’s Committees of communes where exists the land for transfer to the land use right registries;

b) The land use right lease dossiers shall each comprise the contract on land use right lease and the land use right certificate.

The land use right lease contracts must be notarized; for land use right lease contracts of households or individuals, the form of certification by the State notary public or authentication by the People’s Committees of communes, wards or townships where exists the land may be opted for.

2. Within no more than five working days as from the date of receiving complete and valid dossiers, the land use right registries shall carry out the procedures to register the land use right lease in the cadastral dossiers and the land use right certificates; return the land use right lease contracts and the land use right certificates to the land lessors at the places where they have submitted their dossiers.

Article 129.- Order and procedures for registration of inheritance, presentation or donation of land use rights

1. The submission of dossiers for inheritance, presentation or donation of land use rights is stipulated as follows:

a) The dossiers for inheritance, presentation or donation of land use right shall be filed at the land use right registries; in cases where households and individuals use land in rural areas, the dossiers shall be submitted at the People’s Committees of the communes where exists the land for transfer to the land use right registries;

b) The dossiers for land use right inheritance shall each comprise the testament or record on division of inheritances or the people’s court’s judgement or decision on settlement of disputes over the inheritance of the land use right, which has already come into force, and the land use right certificate; in cases where there is only one heir, the inheritance dossier shall comprise the written application and the land use right certificate.

A dossier for land use right presentation or donation shall comprise the written commitments to presentation or donation or the contract on presentation or donation of the land use rights and the land use right certificate.

The written commitments to presentation or donation or the contracts on presentation or donation of the land use right of households, individuals or overseas Vietnamese must be authenticated by the People’s Committees of communes, wards or townships where exists the land or certified by the State notary public.

2. Within no more than ten working days as from the date of receiving the complete and valid dossiers, the land use right registries shall have to verify the dossiers, then transfer them to the land management agencies of the People’s Committees competent to grant land use right certificates for carrying out the procedures to grant the land use right certificates.

In cases where the land use right transferees must fulfill their financial obligations which are determined according to the cadastral data, the land use right registries shall send the cadastral data to the tax offices for determination of the financial obligations according to law provisions; the land use right registries shall notify the land use right transferees to fulfill their financial obligations.

Within no more than five working days as from the date of fulfilling their financial obligations, the land use right transferees shall receive the land use right certificates at the places where they have submitted their dossiers.

Article 130.- Order and procedures of registering, deleting the registration of the mortgage of, or provision of guarantee with, land use rights and handling of the mortgaged or guaranteed land use rights to retrieve debts

1. The registration of the mortgage of, provision of guarantee with, the land use rights is stipulated as follows:

a) The dossiers for registration of the mortgage of, provision of guarantee with, the land use rights shall each comprise the contract on mortgage of, or provision of guarantee with, the land use right and the land use right certificate. The dossiers shall be filed at the land use right registries; in cases where the mortgagors or the guaranteed are households or individuals in rural areas, the dossiers shall be filed at the People’s Committees of the communes where exists the land for transfer to the land use right registries.

The contracts on mortgage of, or provision of guarantee with, the land use rights must be certified by the State notary public; for land use right mortgage or guarantee contracts of households or individuals, the form of certification by the State notary public or authentication by the People’s Committees of the communes, wards or townships where exists the land may be opted for;

b) Within no more than five working days as from the date of signing credit contracts, the land use right mortgagors or guaranteed shall submit the dossiers for registration of the mortgage or guarantee according to the provisions at Point a of this Clause;

c) Within no more than five working days as from the date of receiving the complete and valid dossiers, the land use right registries shall register the mortgage or guarantee into the cadastral dossiers, the land use right certificates and return the land use right certificates to the guarantees or mortgagees.

2. The deletion of land use right mortgage or guarantee registration is stipulated as follows:

a) After fulfilling their debt repayment obligations, the land use right mortgagors or guaranteed shall send their written applications for deletion of mortgage or guarantee registration to the places where the mortgage or guarantee has been registered;

b) Within no more than five working days as from the date of receiving the written applications for deletion of mortgage or guarantee registration, the land use right registries shall check the performance of debt repayment obligations by the applicants for deletion of mortgage or guarantee registration and delete the mortgage or guarantee registration in the cadastral dossiers and the land use right certificates; in cases where it is necessary to withdraw or grant the land use right certificates when handling the mortgaged or guaranteed land use rights to retrieve debts, the land use right registries shall send the dossiers to the land management agencies of the competent People’s Committees for carrying out the procedures to withdraw or grant the land use right certificates.

3. The handling of mortgaged or guaranteed land use rights to retrieve debts is stipulated as follows:

a) When the land use right mortgagors or the guaranteed fail to perform or have improperly performed the debt repayment obligations under the credit contracts, the mortgaged or guaranteed land use rights shall be handled according to the agreement in the mortgage or guarantee contracts; in cases where it cannot be handled under the agreement inscribed in the contracts, the mortgagees or the guarantees shall be entitled to transfer the mortgaged or guaranteed land use rights to other persons in order to retrieve debts or request competent State agencies to auction the land use rights or initiate lawsuits at people’s courts according to law provisions.

b) The land use right transferees prescribed at Point a of this Clause shall be granted the land use right certificates, be entitled to use the land for the set purposes and have the rights and obligations prescribed by this Law in the remaining land use duration; for residential land, the land users shall be entitled to stable long-term use.

Article 131.- Order and procedures for registering, deleting the registration of, capital contribution with the land use rights and handling of the land use rights upon the termination of capital contribution

1. The registration of capital contribution with the land use rights shall be effected as follows:

a) The dossiers of registration of capital contribution shall each comprise the contract on capital contribution with the land use rights and the land use right certificate. The dossiers shall be filed at the land use right registries; in cases where the capital contributors are households or individuals in rural areas, the dossiers shall be submitted at the People’s Committees of the communes where exists the land for transfer to the land use right registries.

The contracts on capital contribution with the land use rights must be certified by the State notary public; for contracts on capital contribution with the land use rights of households or individuals, the form of certification by the State notary public or authentication by the People’s Committees of communes, wards or townships where exists the land may be opted for;

b) Within no more than ten working days as from the date of receiving the complete and valid dossiers, the land use right registries shall have to verify the dossiers; for cases where capital contribution conditions are fully met, they shall register the capital contribution into the cadastral dossiers and the land use right certificates; in cases where the capital contributions give rise to new legal persons, the capital contribution registration dossiers shall be sent to the land management agencies of the People’s Committees competent to grant the land use right certificates for granting the land use right certificates to such new legal persons.

2. The capital contribution with the land use rights shall terminate in the following cases:

a) The time limit for capital contribution with the land use rights has expired;

b) One party or all parties so propose as agreed upon in the capital contribution contracts; for case of joint ventures with overseas Vietnamese, foreign organizations and/or individuals, such must be approved by provincial/municipal People’s Committees;

c) The land is recovered under the provisions in Article 38 of this Law;

d) The contributors of capital with the land use rights in the contracts for business cooperation or joint-venture enterprises are declared bankrupt or dissolve;

e) Individuals participating in the capital contribution contracts die; are declared missing; lose their civil act capacity or have the restricted civil act capacity; are banned from activities in the business cooperation domains, while the capital contribution contracts must be performed by such individuals;

f) Legal persons participating in capital contribution contracts terminate their operation while the capital contribution contracts must be performed by such legal persons.

3. The deletion of registration of capital contribution with the land use rights is stipulated as follows:

a) The land users who stop contributing capital with the land use rights as provided for in Clause 2 of this Article shall send the applications for deletion of capital contribution registration to the places where the capital contribution has been registered;

b) Within no more than five working days as from the date of receiving the written applications for deletion of capital contribution registration, the land use right registries shall delete the capital contribution registration in the cadastral dossiers and the land use right certificates; in cases where it is necessary to withdraw or grant the land use right certificates upon the termination of capital contribution, the land use right registries shall send dossiers to the land management agencies of the People’s Committees competent to grant the land use right certificates for carrying out the procedures to withdraw or grant the land use right certificates.

4. The handling of the land use rights upon the termination of capital contribution is stipulated as follows:

a) In cases it is due to the expiry of the capital contribution time limit or to the parties’ agreement on termination of capital contribution, the party that has contributed capital with the land use rights shall be entitled to continue using such land for the remaining duration.

In cases where the land use duration has expired or the contributor of capital with the land use rights no longer have demands to continue using the land, the State shall permit the joint-venture enterprises to continue the land lease; if the joint-venture enterprises terminate their operation, the State shall recover such land;

b) In cases where the capital contribution is terminated by decisions of competent State bodies due to violations of the land legislation, the State shall recover such land;

c) In cases where the joint-venture enterprises or parties contributing capital with the land use rights go bankrupt, the land use rights used for capital contribution shall be handled in accordance with the people’s courts’ decisions declaring the bankruptcy.

If the persons, who are transferred the land use rights and assets affixed to land under the people’s courts’ decisions, are organizations, individuals or overseas Vietnamese, they shall be permitted to continue using the land for the set purposes in the remaining land use duration.

If the persons, who are transferred the land use rights and assets affixed to land under the people’s courts decisions are foreign organizations or individuals, they shall be leased land by the State and must use the land for the set purposes in the remaining land use duration.

In cases where no one receives the land use rights and assets affixed to land, the State shall recover such land and assets;

d) In cases where individuals participating in the capital contribution die, the land use rights used for capital contribution shall be bequeathed according to the provisions of civil legislation;

e) In cases where individuals participating in the capital contribution are declared missing, lose their civil act capacity or have restricted civil act capacity, it shall be settled according to the provisions of civil legislation;

f) In cases where joint-venture enterprises dissolve or the parties contributing capital with the land use rights are the dissolved organizations, the land use rights used for capital contribution shall be handled according to the agreement between the parties in accordance with the provisions of this Law and other relevant law provisions.