Chương XI Nghị định 181/2004/NĐ-CP: Trình tự thủ tục hành chính về quản lý và sử dụng đất đai

Chapter XI

LAND MANAGEMENT AND USE ORDER AND ADMINISTRATIVE PROCEDURES

Section 1. ADMINISTRATIVE PROCEDURES GENERALLY APPLIED WHEN LAND USERS EXERCISE THEIR RIGHTS AND PERFORM THEIR OBLIGATIONS

Article 116.- Carrying out administrative procedures in cases where land users have not yet been granted the land use right certificates

Land users who possess one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law shall carry out land-related administrative procedures according to the following regulations:

1. In case of recovering the whole land plots, the competent State agencies shall decide to recover the land plots and withdraw the land use right papers prescribed Clauses 1, 2 and 5, Article 50 of the Land Law.

2. In case of carrying out the administrative procedures for the whole land plots, except for cases prescribed in Clause 1 of this Article, the competent State agencies shall withdraw the land use right papers prescribed of Clause 1, 2 and 5, Article 50 of the Land Law and issue the land use right certificates according to the provisions of Articles 135, 136 and 137 of this Decree when carrying out the first step of the administrative procedures related to the land use right certificates.

3. In case of carrying out the administrative procedures for part of a land plot, the competent State agency shall effect the separation of the land plot according to the provisions of Article 145 of this Decree; follow the order and administrative procedures for every land plots and issue the land use right certificates to users of the post-separation land plots.

Article 117.- Carrying out administrative procedures for land use right exchange, transfer, lease, sublease, inheritance or donation, mortgage, guarantee provision or capital contribution with the land use rights for part of the land plots

1. Where the land plots have been issued the land use right certificates, they shall be carried out as follows:

a) If land users exercise their rights to exchange, transfer, inherit, donate or contribute capital with the land use rights, thus giving rise to new legal persons and lease, sublease the rights to use land in industrial parks, the dossiers for exercise of such rights must clearly state the areas to be separated from the land plots:

b) If land users' exercise of the rights to lease the land use rights does not fall into the case of leasing land in industrial parks, to mortgage, provide guarantee with the land use right or contribute capital with the land use rights without formulating new legal persons, and wish to separate land plots, they shall compile the land plot separation dossiers before exercising the rights prescribed in Clause 1, Article 145 of this Decree;

c) The Natural Resources and Environment offices shall carry out the administrative procedures for plot separation under the provisions of Clause 2, Article 145 of this Decree before carrying out administrative procedures for the exercise of the rights to exchange, transfer, lease, sublease, inherit or donate the land use rights, to mortgage, provide guarantee or contribute capital with the land use rights for the land plots' parts needed by the land users and issue the land use right certificates to the users of the remaining areas of the land plots.

Where the land users exercise the rights prescribed at Point b, Clause 1 of this Article and have no need for plot separation, the land use right registration offices shall register such in the cadastral dossiers and adjust the land use right certificates.

2. Where land plots have not yet been issued the land use right certificates, the provisions of Clause 3, Article 116 of this Decree shall apply.

Article 118.- Withdrawal of land use right certificates or land use right papers in case of land recovery by the State

1. Within five (5) working days as from the date of completing the compensation and ground clearance, for the cases prescribed in Clause 1, Article 38 of the Land Law or from the effective dates of the land recovery decisions of the competent People's Committees, for the cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Article 38 of the Land Law, the attached natural resources and environment offices shall have to notify the persons with land to be recovered to submit the land use right certificates or one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law (if any).

2. Within ten (10) working days as from the date of receiving the notifications prescribed in Clause 1 of this Article, the persons with land to be recovered must submit the land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any) to the natural resources and environment offices which sent the notifications.

3. In cases where the time limit prescribed in Clause 2 of this Article has expired while the persons with land to be recovered fail to comply with the provisions of Clause 2 of this Article, the natural resources and environment offices shall have to notify the land use right registration offices and the People's Committees of communes, wards or district townships where exists the land of the cases where the land use right certificates have not yet been withdrawn.

Article 119.- Certification by public notaries and authentication by commune, ward or township People’s Committees of contracts or documents when land users exercise their rights

1. Contracts or papers upon the land users' exercise of their rights to exchange, transfer, lease, sublease, inherit or donate the land use rights, to mortgage, provide guarantee or contribute capital with the land use rights must be certified by public notaries or authenticated by commune, ward or township People's Committees according to the following regulations:

a) For organizations, overseas Vietnamese, foreign organizations, foreigners, the public notaries' certification is required;

b) For households, individuals, the certification by public notaries or the authentication by commune, ward or township People's Committees of the localities where exists the land is required;

c) In cases where the land users' rights are exercised, involving one party being subjects defined at Point a of this Clause and the other party being the subjects defined at Point b of this Clause, the certification by public notaries or the authentication by commune, ward or township People's Committees of the localities where exists the land is required.

2. In cases where the land users' rights are exercised with the parties demanding the authentication by commune, ward or township People's Committees, within three (3) working days after the receipt of complete and valid dossiers, the commune, ward or township People's Committees of the localities where exists the land shall have to authenticate the contracts or papers.

3. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, guiding the certification by public notaries and the authentication by commune, ward or township People's Committees of contracts or documents when land users exercise their rights to exchange, transfer, lease, sublease, inherit or donate the land use rights, mortgage, provide guarantee or contribute capital with the land use rights.

Article 120.- The performance of financial obligations of land users while carrying out the land management and use order and administrative procedures

1. The financial obligations regarding land use levies, land rents, land-related taxes shall be determined by tax offices, based on cadastral figures supplied by land use right registration offices.

Within three (3) working days as from the date of receiving the cadastral figures from the land use right registration offices, the tax offices shall have to notify the land use right registration offices of the financial obligation levels to be fulfilled by the land users; the land use right registration offices shall have to notify the financial obligation levels directly to the financial obligation performers or through the natural resources and environment offices, for cases where the dossiers are filed at the natural resources and environment offices, or through the People's Committees of communes or townships where exists the land, for cases where the dossiers are filed at the commune or township People's Committees. Within three (3) working days as from the date of receiving the notices on financial obligations, the land use right registration offices, the natural resources and environment offices or the commune, township People's Committees shall have to notify the financial obligation performers to pay money into State treasuries according to law provisions.

2. Charges and fees related to land management and use to be paid by land users when carrying out the administrative procedures for land management and use shall be determined by land use right registration offices according to law provisions, which shall notify and guide the land users to pay them while carrying out the administrative procedures.

Article 121.- Time for carrying out the administrative procedures

1. The provincial/municipal People's Committees shall have to prescribe the specific time limit for carrying out various steps of the administrative procedures in land management and use, which have not yet been prescribed by this Decree for each procedural step.

The provincial/municipal People's Committees, the People's Committees of rural districts, urban districts, provincial capitals or towns are entitled to prescribe the time limits for carrying steps shorter than the time limits prescribed in this Decree.

2. For localities in mountainous, island, deep-lying or remote regions, the time limits for carrying out the administrative procedures in land management and use can be longer but shall not exceed fifteen (15) working days for each case.

3. In cases where extracted cadastral measurement must be made in areas where cadastral maps are not available when the administrative procedures in land management and use are carried out, the time limit for carrying out the administrative procedures can be longer but shall not exceed twenty (20) working days for each case.

Article 122.- Submission of dossiers and return of settlement results when the administrative procedures in land management and use are carried out

1. The submission of dossiers and return of settlement results with regard to cases of applying for land assignment, land lease, land use purpose changes, land use duration extension, which are prescribed in Articles 123, 124, 125, 126, 127, 134, 135 and 141 of this Decree, shall be effected as follows:

a) The dossier submission shall comply with the specific provisions of each Article;

b) In cases where conditions are fully met and applications have been settled, within no more than three (3) working days as from the date the competent People's Committees issue decisions, the natural resources and environment offices shall have to hand over the decisions enclosed with the originals of the land use right certificates already signed or adjusted to the land users who filed the dossiers at the natural resources and environment offices or send them to the commune, ward or township People's Committees for hand-over to the land users who filed the dossiers at the commune, ward or township People's Committees; send the copies of the land use right certificates already signed or adjusted, one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, which was recovered (if any) to the attached land use right registration offices; send the notices on land use changes to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of the original cadastral dossiers.

Within three (3) working days as from the date of receiving the land use right certificates, the commune, ward or township People's Committees shall have to hand over the land use right certificates;

c) In cases where settlement conditions are not fully met, within three (3) working days as from the date the non-settlement conclusions are made by competent agencies, the natural resources and environment offices shall have to return the dossiers and notify the reasons therefor to the persons who filed dossiers at the natural resources and environment offices or send them to the commune, ward or township People's Committees for return to the persons who submitted the dossiers at the commune, ward or township People's Committees.

Within three (3) working days as from the date of receiving back the dossiers, the commune, ward or township People's Committees shall have to return them to the dossier submitters and notify the reasons therefor.

2. The submission of dossiers and return of settlement results regarding cases of using land in hi-tech parks, economic zones prescribed in Articles 128 and 142 of this Decree shall be carried out according to the following regulations:

a) The dossiers shall be submitted at the hi-tech park management boards, the economic zone management boards;

b) In case of full satisfaction of settlement conditions under decisions of the hi-tech park management boards, the economic management boards, within three (3) working days, the natural resources and environment offices of the localities where exists the land shall have to send the signed or adjusted land use right certificates to the hi-tech park management boards, the economic zone management boards; send the copies of the signed or adjusted land use right certificates, one of the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the Land Law, which was withdrawn (if any) to the attached land use right registration offices; send notices on land use changes to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of the original cadastral dossiers;

c) In case of non-satisfaction of all settlement conditions, within three (3) working days, the hi-tech park management boards or the economic zone management boards shall have to return the dossiers and notify the reasons therefor to the dossier submitters.

3. The submission of dossiers and return of settlement results regarding the cases of application for land use right certificates and land use change registration prescribed in Articles 129, 133, 136, 137, 138, 139, 140, 143, 144, 148, 149, 150, 151, 152, 153, 154, 155, 156 and 157 of this Decree shall be carried out according to the following regulations::

a) Submission at the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment, for organizations, religious establishments, overseas Vietnamese executing investment projects, foreign organizations, foreign individuals; submission at the land use right registration offices of the district-level Sections of Natural Resources and Environment, for households, individuals, population communities using land in wards and overseas Vietnamese buying dwelling houses closely associated to the residential-land use rights; submission at commune, township People's Committees, for households, individuals and population communities using land in the communes or townships.

Within three (3) working days as from the date of receiving the complete and valid dossiers, the commune or township People's Committees shall have to transfer the dossiers to the land use right registration offices of the district-level Sections of Natural Resources and Environment;

b) In case of full satisfaction of the settlement conditions, within three (3) working days as from the time the competent agencies make decisions or approvals, the natural resources and environment offices shall have to send the originals of the signed or adjusted land use right certificates to the land use right registration offices which receive the dossiers or send via the land use right registration offices of the district-level Sections of Natural Resources and Environment to the commune or township People's Committees, for case of submitting dossiers at the commune, township People's Committees; send the copies of the signed or adjusted land use right certificates, the withdrawn land use right certificates or one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law, which was withdrawn (if any) to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment, for cases where land users are organizations, religious establishments, overseas Vietnamese executing investment projects, foreign organizations, foreigners, or to the land use right registration offices of the district- level Sections of Natural Resources and Environment, for cases where the land users are households, individuals or population communities, overseas Vietnamese buying dwelling houses closely associated to the residential-land use rights; send notices on land use changes to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of original cadastral dossiers.

Within three (3) working days as from the date of receiving the land use right certificates, the land use right registration offices or the commune or township People's Committees shall have to hand or return the land use right certificates;

c) In case of non-satisfaction of all settlement conditions prescribed by law, within three (3) working days as from the date the competent agencies make non-settlement conclusions, the land use right registration offices shall have to return the dossiers and notify the reasons therefor to the persons who submitted the dossiers at the land use right registration offices or send to the commune or township People's Committees for return to the persons who submitted the dossiers at the commune or township People's Committees.

Within three (3) working days after receiving back the dossiers, the commune or township People’s Committees shall have to return them to the dossier submitters and clearly notify them of the reasons therefor.

4. In case of land recovery provided in Articles 130, 131 and 132 of this Decree, within seven (7) working days after the complete withdrawal of land use right certificates under the provisions of Article 118 of this Decree, the natural resources and environment offices shall have to send the copies of the land recovery decisions, the originals of the withdrawn land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any), the written notices on list of cases of non-withdrawal of land use right certificates to their attached land use right registration offices and send notices on land use changes to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of original cadastral dossiers.

5. The submission of dossiers and the return of settlement results for cases of change of agricultural land use purposes provided for in Article 147 of this Decree shall be carried out according to the following regulations:

a) The dossiers shall be submitted at the People's Committees of communes, ward or townships where exists the land;

b) In case of full satisfaction of the settlement conditions, within two (2) working days, the district-level Sections of Natural Resources and Environment shall have to send the originals of the land use right certificates regarding the land plots with land use purpose change to the People's Committees of the communes, wards or townships where exists the land; send the copies of the land use right certificates regarding the land plots with use purpose changes and the withdrawn land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, which was withdrawn (if any), to the attached land use right registration offices; send notices on land use changes to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of the original cadastral dossiers;

c) In case of failure to fully satisfy the settlement conditions, within two (2) working days, the commune, ward or township People's Committees shall have to return the dossiers.

Section 2. ORDER AND ADMINISTRATIVE PROCEDURES IN LAND MANAGEMENT

Article 123.- Order and administrative procedures for assignment or lease of agricultural land to households, individuals

1. The assignment of annual crop land, salt-making land to households and/or individuals directly engaged in agricultural production or salt making shall be carried out under the schemes elaborated and submitted by the People's Committees of communes, wards or townships where exists the land to the People's Committees of rural districts, urban districts, provincial capitals or towns for approval. The land assignment order and procedures shall be carried out as follows:

a) The scheme-elaborating People's Committees of communes, wards or townships shall settle collectively all cases of eligibility for land assignment in the localities; set up the local land assignment advisory councils comprising presidents or vice-presidents of the People's Committees as council chairmen, representatives of Vietnam Fatherland Front, representatives of Peasants' Association, heads of population quarters in the localities and cadastral officers (hereinafter called the land assignment advisory councils) to consider and propose cases eligible for land assignment;

b) Basing themselves on the opinions of the land assignment advisory councils, the commune, ward or township People's Committees shall finalize the schemes on land assignment, post up the lists of land assignment-eligible cases at the offices of the commune, ward or township People's Committees for fifteen (15) working days and organize the reception of people's comments; finalize the land assignment schemes and submit them to the People's Councils of the same level for adoption before submitting them to the People's Committees of rural districts, urban districts, provincial capitals or towns (via the district-level Natural Resources and Environment Sections) for consideration and approval;

c) The district-level Natural Resources and Environment Sections shall have to appraise the land assignment schemes; direct the attached land use right registration offices to complete the measurement for making cadastral maps, compile the cadastral dossiers; submit them to the People's Committees of the same level for deciding on the land assignment and granting of land use right certificates.

The time for performing the jobs prescribed at this Point shall not exceed fifty (50) working days as from the date the Natural Resources and Environment Sections receive the complete and valid dossiers to the date the land users receive the land use right certificates.

2. The assignment or lease of perennial tree land, production-forest land, protective-forest land, special-use forest buffer zone land, aquaculture land, other agricultural land to households, individuals shall be carried out according to the following regulations:

a) Households, individuals shall file their land assignment or land lease applications at the People's Committees of communes, wards or townships where exists the land, clearly stating the land area demands for use.

For cases of application for land assignment, land lease for aquaculture, there must be aquaculture projects appraised by fisheries management offices of rural districts, urban districts, provincial capitals or towns and there must be reports on assessment of environmental impacts according to law provisions on environment;

b) The commune, ward or township People's Committees shall have to verify and certify in the land assignment or land lease applications the land use demands of households, individuals for eligible cases and send them to the land use right registration offices of the Natural Resources and Environment Sections.

c) The land use right registration offices shall have to reexamine the dossiers; in case of eligibility, they shall extract the cadastral maps or measure the land areas, for places where the cadastral maps are not available, extract the cadastral dossiers and send them to the district-level Natural Resources and Environment Sections;

d) The district-level Natural Resources and Environment Sections shall have to verify cases of application for land assignment or land lease, conduct field verification when necessary, submit them to the People's Committees of rural districts, urban districts, provincial capitals or towns for deciding to assign land or lease land and grant land use right certificates; sign land lease contracts for cases of land lease.

3. The time for performing the jobs prescribed at Points b, c and d, Clause 2 of this Article shall not exceed fifty (50) working days as from the date the commune, ward or township People's Committees receive complete and valid dossiers to the date the land users receive the land use right certificates.

Article 124.- Order and procedures of assigning land for construction of dwelling houses to rural households or individuals not falling into cases subject to land use right auctions

1. Households and individuals having the demands to use land for construction of dwelling houses shall file their land assignment applications at the commune People's Committees of the localities where exist the land.

2. The land assignment shall be carried out as follows:

a) The commune People's Committees shall base themselves on the local detailed land use plannings, detailed land use plans, which have been approved, to draw up schemes on assignment of land for construction of dwelling houses and send them to the commune land assignment advisory councils prescribed at Point a, Clause 1, Article 123 of this Decree for consideration and comments on the land assignment schemes; publicly post up the lists of land assignment-eligible cases at the offices of the commune People's Committees for fifteen (15) working days and organize the reception of people's comments; finalize the land assignment schemes, compile dossiers of application for land assignment and send them to the land use right registration offices of the district-level Natural Resources and Environment Sections. Such a dossier shall be made in two (2) sets, each comprising the commune People's Committee's report on the assignment of land for construction of dwelling houses; the application- enclosed list of households, individuals; the opinions of the commune land assignment advisory councils;

b) The land use right registration offices shall have to reexamine the dossiers; in case of eligibility, they shall make extracts of cadastral maps or extracted cadastral measurement of the land areas, for localities where cadastral maps are not available, make extracts of cadastral dossiers and send them together with the dossiers prescribed at Point a of this Clause to the Natural Resources and Environment Sections; send cadastral figures to tax offices for determination of financial obligations;

c) The district-level Natural Resources and Environment Sections shall have to verify the cadastral dossiers; make field verifications; submit them to the People's Committees of rural districts, urban districts, provincial capitals or towns for deciding on land assignment and granting of land use right certificates;

d) Basing themselves on land assignment decisions, the People's Committees of communes where exists the land shall have to organize the field hand-over of land.

3. The time for performing the jobs prescribed at Points b, c and d, Clause 2 of this Article shall not exceed forty (40) working days (excluding the time for compensation and ground clearance and the land users' performance of financial obligations) as from the date the land use right registration offices receive complete and valid dossiers to the date the land users receive the land use right certificates.

Article 125.- Order and procedures of assigning, leasing land with completed ground clearance or without ground clearance to organizations, religious establishments, overseas Vietnamese, foreign organizations, foreigners

1. Persons applying for land assignment or land lease shall contact the agencies tasked by provincial/municipal People's Committees to reach agreement on locations or the land fund development organizations of the localities where exists land in order to be recommended the land use locations.

2. After obtaining the written agreement on locations, or the investment licenses or the permit for construction of works on the determined locations from competent State agencies, the land assignment or land lease applicants shall submit two sets of dossiers at the provincial/municipal Services of Natural Resources and Environment of the localities where exists the land; such a dossier shall comprise:

a) The land assignment or land lease application;

b) The written agreement on the location or the investment license or the permit for work construction on the determined location of competent State agency;

c) The investment project decision or the copy of investment license, certified by the public notary; where organizations' investment projects are not financed with State budget capital or are not foreign-invested projects, there must be the written appraisal of land use demands by the provincial/municipal Service of Natural Resources and Environment of the locality where exists the land as provided for at Point b, Clause 1, Article 30 of this Decree;

d) For mineral exploration and/or exploitation projects, there must be licenses enclosed with mineral exploration and/or exploitation maps; in case of using land for the purposes of manufacturing bricks, tile or pottery articles, there must be decisions or business registration of brick, tile production or investment project approved by the competent State agency;

e) The written certification by the Service of Natural Resources and Environment of the locality where exists the land of the observance of the land legislation for projects previously assigned or leased land.

3. The land assignment, land lease is provided for as follows:

a) The provincial/municipal Services of Natural Resources and Environment shall have to verify and direct the land use right registration offices to make extracts of cadastral maps or conduct extracted cadastral measurement of the land areas, for localities where cadastral maps are not available (for projects using land for construction of works on vast areas such as dikes, hydro-electric power stations, power lines, land roads, railways, water pipes, petroleum pipes, gas pipes, the latest cadastral maps with scale not smaller than 1/25,000 shall be used instead of the cadastral maps), extracts of cadastral dossiers;

b) The land use right registration offices shall have to forward the cadastral figures to tax offices for determination of financial obligations;

c) The provincial/municipal Services of Natural Resources and Environment shall have to examine the cadastral dossiers, make field verifications; submit them to the provincial/municipal People's Committees for deciding on land assignment, land lease and granting of land use right certificates; sign land lease contracts, for case of land lease; direct the district-level Natural Resources and Environment Sections, the People's Committees of communes, wards or townships where exists the land to organize field handover of land.

4. The time for performing the jobs prescribed in Clause 3 of this Article shall not exceed twenty (20) working days (excluding the time for land users to perform the financial obligations) as from the date the provincial/municipal Services of Natural Resources and Environment receive the complete and valid dossiers to the date the land users receive the land use right certificates.

Article 126.- Order and procedures of assigning land or leasing land with uncompleted ground clearance to organizations, overseas Vietnamese, foreign organizations, foreigners

1. Persons applying for land assignment or land lease shall contact the agencies tasked by provincial/municipal People's Committees to reach agreement on locations in order to be recommended the land use locations.

2. The land assignment or land lease applicants shall file dossiers according to the provisions of Clause 2, Article 125 of this Decree.

3. The land recovery, compensation, ground clearance shall comply with the order prescribed in Clauses 1,3, 4, 5, 6 and 7, Article 130 of this Decree and the Government's regulations on compensation, support, resettlement.

4. Land assignment and land lease after ground clearance shall comply with the provisions of Clause 3, Article 125 of this Decree.

5. The time for performing the jobs prescribed in Clause 4 of this Article shall not exceed twenty (20) working days (excluding the time for the land users to perform the financial obligations) as from the date of ground clearance completion and the provincial/municipal Services of Natural Resources and Environment receive the complete and valid dossiers to the date the land users receive the land use right certificates.

Article 127.- Order and procedures of assigning land for use for defense, security purposes

1. The people's armed force units defined in Clause 3, Article 83 of this Decree, which apply for assignment of land for use for defense, security purposes shall submit two sets of dossiers at the provincial/municipal Services of Natural Resources and Environment of the localities where exists the land; such a dossier shall comprise:

a) The land assignment application;

b) The extract of decision on investment in the construction of defense or security work of competent State agency, comprising contents related to the land use or the decision approving the army station location planning of the Ministry of Defense or the Ministry of Public Security;

c) The written land assignment request of the Ministry of Defense, the Ministry of Public Security or heads of the units authorized by the Ministry of Defense or the Ministry of Public Security.

2. The land assignment is stipulated as follows:

a) Within five (5) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to verify and send one set of dossier to their attached land use right registration offices; guide the People's Committees of rural districts, urban districts, provincial capitals or towns to draw up plans on compensations and ground clearance;

b) Within five (5) working days as from the date of receiving the dossiers, the land use right registration offices shall have to make cadastral map extracts or extracted cadastral measurement of the land areas, for localities where cadastral maps are not available, extract cadastral dossiers and send them together with the dossiers of land assignment application to the provincial/municipal Services of Natural Resources and Environment;

c) Within ten (10) working days as from the date of receiving the cadastral map extracts, cadastral dossier extracts, the provincial/municipal Services of Natural Resources and Environment shall have to report thereon to the provincial/municipal People's Committees for deciding on the land assignment and granting the land use right certificates;

d) Within ten (10) working days as from the date of receiving the dossiers, the provincial/municipal People's Committees shall have to examine, sign and send to the provincial/municipal Services of Natural Resources and Environment the land assignment or land lease decisions, land use right certificates for eligible cases; notify the People's Committees of rural districts, urban districts, provincial capitals or towns for implementation of compensation and ground clearance.

e) The land recovery, compensation and ground clearance shall comply with the order prescribed in Clauses 1, 3, 4, 5, 6 and 7 of Article 130, this Decree, and the Government's regulations on compensation, support, resettlement;

f) Within three working days as from the date of completing the compensation and ground clearance, the provincial/municipal Services of Natural Resources and Environment shall direct the Natural Resources and Environment Sections, the People's Committees of the communes, wards or townships, where exists the land, to make field handover of land.

Article 128.- Order and procedures of re-assigning, leasing land in hi-tech parks, economic zones

1. The land re-assignment, land lease applicants shall submit two dossier sets each; such a dossier set shall comprise:

a) The land re-assignment, land lease application;

b) The investment project, for organizations according to law provisions on investment;

c) The investment license, investment project, for overseas Vietnamese, foreign organizations and foreigners according to law provisions on investment.

2. The land re-assignment or land lease is provided for as follows:

a) Within nine (9) working days as from the date of receiving the dossiers, the hi-tech park management boards, the economic zone park management boards shall have to examine the dossiers; for eligible cases, make cadastral map extracts or extracted cadastral measurement of the land areas, for localities where the cadastral maps are not available; decide on land re-assignment or sign land lease contracts; notify the land users to pay land use levies or land rents according to law provisions; send the land re-assignment decisions or land lease contracts enclosed with cadastral map extracts or extract of cadastral measurement to the natural resources and environment offices of the People's Committees competent to grant the land use right certificates;

b) Within five (5) working days as from the date of receiving the land re-assignment decisions or land lease contracts, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates or the Natural Resources and Environment Sections shall have to submit to the People's Committees of the same level for signing the land use right certificates; send the land use right certificates to the hi-tech park management boards, the economic zone management boards;

c) Within three (3) working days as from the date the land users fulfill the financial obligations, the hi-tech park management boards or the economic zone management boards shall have to conduct field handover of land and hand the land use right certificates.

Article 129.- Order and procedures applicable to cases of shifting from land lease to land assignment with the collection of land use levies

1. The land lessees who wish to shift from the form of land lease to the form of land assignment with the collection of land use levies shall each submit one dossier set, comprising:

a) The registration application for shift from the land lease form to the levied land assignment form;

b) The land lease contract and the land use right certificate.

2. The shift from the land lease form to the levied land assignment form is provided for as follows:

a) Within five (5) working days as from the date of receiving the complete and valid dossiers, the land use right registration offices shall have to verify them; for eligible cases, they shall make cadastral dossier extracts and send them together with the dossiers to the natural resources and environment offices of the same level; send the cadastral figures to tax offices for determination of financial obligations;

b) Within three (3) working days as from the date the land users fulfill their financial obligations, the natural resources and environment offices shall have to adjust the land use right certificates.

3. Where land users wish to shift from the land lease form to the levied land assignment form in combination with land use purpose change, the procedures for land use purpose change must be carried before the procedures for shift from the land lease form to the levied land assignment form.

Article 130.- Land-recovering order applicable to the cases prescribed in Clause 1, Article 38 of the Land Law

1. Basing themselves on the land use plans already approved by competent State agencies, the competent People's Committees shall have to assign the attached natural resources and environment offices to direct the land use right registration offices in making cadastral map extracts or extracted cadastral measurement of the to be-recovered land areas, for localities where cadastral maps are not available, and cadastral dossier extracts to send them to responsible agencies or organizations for drawing up plans for compensations and ground clearance as provided for in Clauses 2 and 3 of this Article.

2. Where the land is recovered after the land use plannings or plans are publicized but investment projects are not available, the provincial/municipal People's Committees shall assign the land fund development organizations to draw up the overall plans on compensations and ground clearance and submit them to the provincial/municipal People’s Committees for consideration and approval.

3. Where land is recovered for execution of investment projects, the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to elaborate overall plans on compensations and ground clearance and submit them to the provincial/municipal People's Committees for consideration and approval.

4. After the overall plans on compensations and ground clearance are approved, the People's Committees of the rural districts, urban districts, provincial capitals or towns where exists the to be-recovered land shall notify the land users at least ninety (90) days in advance, for cases of recovering agricultural land, or 180 days in advance, for cases of recovering non-agricultural land, of the reasons for recovery, the time and plan for removal, the compensation and ground clearance plans.

5. At least twenty (20) days before the expiry of the notification duration, the land fund development organizations or the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to present the compensation and ground clearance plans and the provincial/municipal Services of Natural Resources and Environment shall have to submit the land recovery decisions to the provincial/municipal People's Committees for decision. The land recovery decisions must include the contents on recovery of specific land areas, applicable to land plots used by organizations, religious establishments, overseas Vietnamese, foreign organizations, foreigners and the contents on land recovery applicable collectively to all land plots used by households, individuals or population communities.

6. Within fifteen (15) working days after receiving the reports, the provincial/municipal People's Committees shall have to examine, sign and send to the provincial/municipal Services of Natural Resources and Environment, the People's Committees of rural districts, urban district, provincial capitals or towns or land fund development organizations the land recovery decisions, the compensation and ground clearance plan-approving decisions.

In cases where exist on the to be-recovered land the areas being used by households or individuals, within thirty (30) working days as from the date of receiving the land recovery decisions of provincial/municipal People's Committees, the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to issue decisions to recover specific areas of every land plots being used by households, individuals or population communities.

7. The land fund development organizations shall have to carry out the compensation and ground clearance for cases of land recovery after the land use plannings or plans are publicized but investment projects are not available yet; the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to organize the compensation and ground clearance for cases of recovering land for assignment or lease for execution of investment projects.

8. After the completion of compensation and ground clearance, the provincial/municipal People's Committees shall decide to assign land to the land fund development organizations for management or assign or lease land to investors for project execution.

Article 131.- Land-recovering order applicable to the cases prescribed in Clauses 2 and 8, Article 38 of the Land Law

1. The recovery of land assigned by the State to organizations without the collection of land use levies or with the collection of land use levies while the paid land use levies have originated from the State budget or land leased by the State with land rents paid annually but now the land users move to other places, have less or no land use demand, or voluntarily return the land shall be effected as follows:

a) Where the land users are organizations, religious establishments, overseas Vietnamese, foreign organizations or foreigners, they must send documents requesting the return of land and land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any) to the provincial/municipal Services of Natural Resources and Environment of the localities where exists the land; where the land users are households, individuals or population communities, such documents shall be sent to the district-level Natural Resources and Environment Sections of the localities where exists the land;

b) Within twenty (20) working days as from the date of receiving the land return documents, the natural resources and environment offices shall have to examine them and conduct field verification in case of deeming it necessary; report thereon to the People’s Committees of the same level for decision on the land recovery;

c) Within fifteen (15) working days as from the date of receiving the report, the competent People's Committees shall have to examine, sign and send to the attached natural resources and environment offices the land recovery decisions.

2. The recovery of land assigned to organizations by the State without the collection of land use levies or with the collection of land use levies while the paid land use levies have originated from the State budget, or land leased with land rents paid annually and now such organizations dissolve or go bankrupt shall be effected as follows:

a) Within twenty (20) working days after receiving the dissolution or bankruptcy decisions of competent State agencies, the provincial/municipal Services of Natural Resources and Environment of the localities where exists the land shall conduct examination and field verification in case of deeming if necessary; and report thereon to the People's Committees of the same level for decision on land recovery;

b) Within fifteen (15) working days after receiving the reports, the provincial/municipal People's Committees shall have to consider, sign and send to the provincial/municipal Services of Natural Resources and Environment the land recovery decisions.

Article 132.- Land-recovering order applicable to the cases prescribed in Clauses 3, 4, 5, 6, 7, 9, 10, 11 and 12 of Article 38 of the Land Law

1. The land recovery applicable to the cases prescribed in Clauses 3, 4, 5, 6, 9, 11 and 12 of Article 38 of the Land Law shall be effected as follows:

a) Within fifteen (15) working days after receiving the inspection conclusions, the natural resources and environment offices shall have to conduct examination and field verifications when necessary; report thereon to the People's Committees of the same level for decision on the land recovery;

b) Within fifteen (15) working days after receiving the reports, the competent People's Committees shall have to consider, sign and send to their attached natural resources and environment offices the land recovery decisions; direct the handling for determination of the remaining value of the investments in the land or the assets affixed to land (if any) according to law provisions.

2. The land recovery applicable to the cases prescribed in Clause 7, Article 38 of the Land Law shall be carried out as follows:

a) Within fifteen (15) working days after receiving the death certificates or missing declaration decisions of competent State agencies and written certification of having no heirs by the People's Committees of communes, wards or townships where exists the land, the district-level Natural Resources and Environment Sections shall have to conduct examinations and field verifications and report thereon to the People's Committees of the same level for decision on the land recovery;

b) Within ten (10) working days after receiving the reports, the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to consider, sign and send to the district-level Natural Resources and Environment Sections the land recovery decisions.

3. The land recovery applicable to the cases prescribed in Clause 10, Article 38 of the Land Law shall be carried out as follows:

a) Within thirty (30) working days after the expiry of the land use terms, the natural resources and environment offices shall have to report thereon to the People's Committees of the same level for decision on land recovery;

b) Within ten (10) working days after receiving the reports, the competent People's Committees shall have to consider, sign and send to their attached natural resources and environment offices the land recovery decisions.

Article 133.- Order and procedures of registration for land use purpose change, applicable to cases requiring no permission

1. Land users wishing to change the land use purposes shall submit one dossier set, comprising:

a) The land use purpose change registration declaration made according to a form set by the Ministry of Natural Resources and Environment;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the Land Law (if any).

2. The land users may change the land use purposes after 20 days counting from the date of dossier submission, except for cases where the land use right registration offices have notified the non-permission for land use purpose change as such is incompatible with the provisions of Clause 2, Article 36 of the Land Law.

3. The land use purpose change registration shall be effected as follows:

a) The land use right registration offices shall have to examine the dossiers; where the land use purpose change registration is incompatible with the provisions of Clause 2, Article 26 of the Land Law, they shall return the dossiers and clearly notify the reasons therefor; where the land use purpose change registration is compatible with the provisions of Clause 2, Article 36 of the Land Law, they shall inscribe certification on the registration declarations and transfer the dossiers to the natural resources and environment offices of the same level for adjustment of the land use right certificates;

b) The natural resources and environment offices shall have to adjust the land use right certificates.

4. The time for performing the jobs prescribed in Clause 3 of this Article shall not exceed eighteen (18) working days as from the date the land use right registration offices receive the complete and valid dossiers to the date the land users receive the adjusted land use right certificates.

Article 134.- Land use purpose - changing order and procedures applicable to cases requiring permission

1. The land use purpose change applicants shall each submit one dossier set at the provincial/municipal Services of Natural Resources and Environment of the localities where exists the land, for organizations, overseas Vietnamese, foreign organizations, foreigners; at the district-level Natural Resources and Environment Sections of the localities where exists the land, for households and individuals; such a dossier set comprises:

a) The land use purpose change application;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) The investment project as prescribed by the investment legislation, for cases where the land use purpose change applicants are organizations, overseas Vietnamese, foreign organizations or foreigners.

2. The natural resources and environment offices shall have to examine the dossiers and conduct field verifications; check the compatibility with detailed land use plannings or plans or land use plannings or plans in case of unavailability of detailed land use plannings or plans; direct the attached land use right registration offices to make cadastral dossier extracts.

3. The land use right registration offices shall have to make cadastral dossier extracts and send them to the natural resources and environment offices of the same level and send the cadastral figures to tax offices for determination of financial obligations.

4. The natural resources and environment offices shall have to report thereon to the People's Committees of the same level for decision to permit the land use purpose change; adjust the land use right certificates; re-sign the land lease contracts for cases of land lease.

5. The time for performing the jobs prescribed in Clause 2, 3 and 4 of this Article shall not exceed thirty (30) working days (excluding the time for land users to perform their financial obligations) as from the date the natural resources and environment offices receive the complete and valid dossiers to the date the land users receive the adjusted land use right certificates.

Article 135.- Order and procedures of granting land use right certificates to households, individuals using land in communes, townships

1. Households and individuals shall each submit at the People's Committees of the communes or townships where exists the land one dossier set, comprising:

a) The land use right certificate application;

b) One of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) The written authorization of application for land use right certificate (if any).

2. The granting of land use right certificates is provided for as follows:

a) The commune or township People's Committees shall have to make verifications and certifications in the land use right certificate applications of the situation of disputes over the land plots; where the current land users do not have the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, they shall verify and certify the origins and time of using the land, the situation of disputes over the land plots, the compatibility with the approved land use plannings; publicize the list of cases of eligibility and ineligibility for granting of land use right certificates at the offices of the commune or township People's Committees for fifteen (15) days; scrutinize comments on cases of application for land use right certificates; send the dossiers to the land use right registration offices of the district-level Natural Resources and Environment Sections;

b) The land use right registration offices shall have to examine the dossiers; make certifications in the land use right certificate applications, for cases of eligibility for land use right certificate granting and write comments on cases of ineligibility; in cases of eligibility for granting of land use right certificates, make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, make cadastral dossier extracts; send cadastral figures to tax offices for determination of financial obligations for cases where land users must perform the financial obligations according to law provisions; send dossiers of cases of eligibility and ineligibility for land use right certificate granting together with cadastral map extracts, cadastral dossier extracts to the district-level Natural Resources and Environment Sections;

c) The district-level Natural Resources and Environment Sections shall have to examine the dossiers and submit them to the People's Committees of the same level for deciding to grant the land use right certificates; sign land lease contracts for cases of land lease by the State;

d) The time for performing the jobs prescribed at Points a. b and c of this Clause shall not exceed fifty five (55) working days (excluding the time for publicizing the lists of cases of application for land use right certificates and the time for land users to perform their financial obligations) from the date the commune or township People's Committees receive the complete and valid dossiers to the date the land users are granted the land use right certificates.

3. For cases of granting land use right certificates to farms, before the land use right certificates are granted under the provisions of Clauses 1 and 2 of this Article, the current land use situation must be examined under the provisions in Article 50 of this Decree.

Article 136.- Order and procedures of granting land use right certificates to households, individuals currently using land in wards

1. Households and individuals shall each submit one dossier set, comprising:

a) The land use right certificate application;

b) One of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) The written authorization of application for land use right certificate (if any).

2. The granting of land use right certificates is provided for as follows:

a) The land use right registration offices shall have to examine the dossiers, conduct field verifications when necessary; gather certifications by the ward People's Committees of the situation of land disputes over the land plots; where the current land users do not have the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, they must gather opinions of the ward People's Committees on the origin and time of using the land, the situation of disputes over the land plots, the compatibility with the approved land use planning; publicize the lists of cases of eligibility and ineligibility for land use right certificate granting at the land use right registration offices for fifteen (15) days; consider the comments on cases of application for land use right certificates; write certifications in the land use right certificate applications for cases of eligibility for land use right certificate granting or write comments on cases of ineligibility; for cases of eligibility for land use right certificate granting, make cadastral map extracts of extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, make cadastral dossier extracts; send the cadastral figures to tax offices for determination of the financial obligations according to law provisions; send dossiers on cases of eligibility or ineligibility for land use right certificate granting together with the cadastral map extracts, cadastral dossier extracts to the district-level Natural Resources and Environment Sections;

b) The Natural Resources and Environment Sections shall have to examine the dossiers and submit them to the People's Committees of the same level for deciding to grant the land use right certificates; sign land lease contracts for cases of land lease by the State;

c) The time for performing the jobs prescribed at Points a and b of this Clause shall not exceed fifty five (55) working days (excluding the time for publicizing the lists of cases of application for land use right certificates and the time for land users to perform the financial obligations) from the date the land use right registration offices receive the complete and valid dossiers to the date the land users receive the land use right certificates.

Article 137.- Order and procedures of granting land use right certificates to organizations currently using land

1. The current land-using organizations shall each submit one dossier set, comprising:

a) The land use right certificate application;

b) One of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) The written authorization of application for land use right certificate (if any);

d) The report on self-examination of current land situation as provided for in Articles 49, 51, 52, 53 and 55 of this Decree.

Where the current land using organizations have not yet examined by themselves the current land use situation, the provincial/municipal Services of Natural Resources and Environment shall direct the implementation organization under the provisions of Articles 49, 51, 52, 53 and 55 of this Decree;

e) The decision of the provincial/municipal People's Committee on handling of land of such organization (if any).

2. The granting of land use right certificates is provided for as follows:

a) Basing themselves on decisions of the provincial/municipal People's Committees on determination of the land areas the organizations may continue to use, the land use right registration offices shall have to make the cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, the cadastral dossier extracts; send cadastral figures to tax offices for determination of the financial obligations, for cases where the land-using organizations must perform the financial obligations according to law provisions; send the cadastral map extracts, the cadastral dossier extracts together with the dossiers of application for land use right certificates to the provincial/municipal Services of Natural Resources and Environment;

b) The provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates if so authorized; propose the People's Committees of the same level to sign the land use right certificates, if they are not authorized to sign; sign land lease contracts for cases of land lease by the State;

c) The time for performing the jobs prescribed at Points a and b of this Clause shall not exceed fifty five (55) working days (excluding the time for land users to perform the financial obligations) from the date the land use right registration offices receive the complete and valid dossiers to the date the land users receive the land use right certificates.

Article 138.- Order and procedures of granting the land use right certificates to people's armed force units currently using land for defense, security purposes

1. The land-using people's armed force units shall each submit one dossier set, comprising:

a) The land use right certificate application;

b) The decision of the Defense Minister or the Public Security Minister on the army stationing position or work location;

c) The written authorization of application for land use right certificate (if any);

d) The copy of the Prime Minister's decision approving the planning on use of land for defense or security purposes in the areas of military zones, the areas of units under the Border Guard Command, the areas of provinces or centrally run cities with the names of units applying for land use right certificates or the land assignment decision of a competent State agency or papers certifying that the land is overtaken land or named in the cadastral books of communes, wards, townships with the certification by the commune, ward or township People's Committee of having been stably used and dispute-free.

2. The granting of land use right certificates is provided for as follows:

a) Within thirty (30) working days as from the date of receiving the complete and valid dossiers, the land use right registration offices shall have to make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable (only measuring around the boundaries of the land plots, not measuring defense or security works, architectural works on the land plots), make cadastral dossier extracts; send the cadastral map extracts, cadastral dossier extracts together with the dossiers of application for land use right certificates to provincial/municipal Services of Natural Resources and Environment;

b) Within seven (7) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates in cases they are authorized to do so; propose the People's Committees of the same level to sign the land use right certificates in cases they are not authorized to do so;

c) Within seven (7) working days after receiving the reports, the provincial/municipal People's Committees shall have to consider, sign and send to the provincial/municipal Services of Natural Resources and Environment the land use right certificates;

d) Within six (6) working days after receiving the certificates, the provincial/municipal Services of Natural Resources and Environment shall have to send the land use right certificates to their attached land use right registration offices for handing them to the units being granted the land use right certificates.

Article 139.- Order and procedures of granting land use right certificates to land use right auction winners, winners of bidding for projects involving land use

1. Organizations conducting land use right auctions or biddings for projects involving land use shall have to submit on behalf of each auction winner or bid winner one dossier set, comprising:

a) The document recognizing the land use right auction winning results or land- using project bidding results according to law provisions on land use right auctions;

b) The cadastral map extracts or the extracted cadastral measurement of the land plot, for localities where cadastral maps are unavailable;

c) Documents on fulfillment of financial obligations (if any).

2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers; make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, cadastral dossier extracts and send them together with the dossiers to the natural resources and environment offices of the same level.

3. Within ten (10) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates as authorized; the district-level Natural Resources and Environment Sections shall have to propose the People's Committees of the same level to sign the land use right certificates; the natural resources and environment offices shall send the signed land use right certificates to their attached land use right registration offices for handing them to the auction winners or bid winners.

Article 140.- Order and procedures of granting the land use right certificates to land use right transferees falling into the cases prescribed at Point j and k of Clause 1, Article 99 of this Decree

1. The land use right transferees shall each submit a dossier set, comprising:

a) One of the papers such as the minutes on the results of successful conciliation of land disputes, recognized by competent People's Committees; agreement on debt handling under mortgage or guarantee contracts; administrative decisions on settlement of land-related complaints or denunciations, extracts of judgments or decisions of people's courts, judgment execution decisions of judgment executing bodies; written recognitions of lawful land use right auctions; the documents on lawful division or separation of land use rights by households or groups of persons sharing the land use rights; decisions of competent agencies or organizations on division, separation or merger of organizations; documents on lawful division, separation or merger of economic organizations;

b) Documents on fulfillment of financial obligations (if any).

2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, the cadastral dossier extracts and send them together with the dossiers to the natural resources and environment offices of the same level.

3. Within ten (10) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates as authorized; the district-level Natural Resources and Environment Sections shall have to propose the People's Committees of the same level to sign the land use right certificates.

Article 141.- Order and procedures of extending land use duration for land-using economic organizations, overseas Vietnamese, foreign organizations, foreigners; non-agricultural land-using households and individuals; households and individuals not directly engaged in agricultural production and leased agricultural land by the State

1. Six (6) months before the land use duration expires, the land users wishing to extend land use duration shall each submit one dossier set at the provincial/municipal Services of Natural Resources and Environment, for economic organizations, overseas Vietnamese, foreign organizations, foreigners; at the district-level Natural Resources and Environment Sections, for households and individuals; such a dossier set shall comprise:

a) The application for land use duration extension, for households, individuals or economic organizations, overseas Vietnamese, foreign organizations, foreigners that apply for the land use duration extension of not more than twelve (12) months;

b) The production and/or project supplementation project already approved, for economic organizations, overseas Vietnamese, foreign organizations, foreigners that apply for the use duration extension of over twelve (12) months.

The State agencies competent to approve investment projects shall consider and approve the supplementation, for cases where the projects are financed by the State budget or projects are invested with foreign capital. The provincial/municipal Planning and Investment Services shall consider and approve the supplementation for non-agricultural production and/or business projects not financed by the State budget capital and being not foreign-invested projects. The provincial/municipal Agriculture and Rural Development Services shall consider and approve the supplementation for agricultural production projects not financed by the State budget capital and being not foreign-invested projects.

2. The extension is provided for as follows:

a) The natural resources and environment offices shall have to examine the dossiers, certify land use demands in compatibility with the extension applications or the approved production and/or business supplementation projects; submit them to the People's Committees of the same level for decision on the extension; direct their attached land use right registration offices to make cadastral dossier extracts;

b) The land use right registration offices shall have to make cadastral dossier extracts and send them to the natural resources and environment offices of the same level and send the cadastral figures to tax offices for determination of financial obligations;

c) The land users shall have to submit the expired land use right certificates, documents on fulfillment of financial obligations, for cases of eligibility for land use duration extention, to the natural resources and environment offices;

d) The natural resources and environment offices shall have to adjust the land use duration on the land use right certificates for cases of eligibility for land use duration extension;

e) The time for performing the jobs prescribed at Points a, b, c and d of this Clause shall not exceed twenty (20) working days (excluding the time for land users to perform their financial obligations) from the date the natural resources and environment offices receive complete and valid dossiers to the date the land users receive the land use right certificates.

3. For cases of ineligibility for land use duration extension, the natural resources and environment offices shall carry out the land recovery according to the provisions of Clause 3, Article 132 of this Decree.

Article 142.- Order and procedures of extending the duration for use of land in hi-tech parks, economic zones

1. Six (6) months before the land use duration expires, the land users wishing to continue the land use shall each submit one dossier set, comprising:

a) The land use duration extension application;

b) The production and/or business supplementation project already approved, for cases of applying for the land use duration extension of over twelve (12) months.

In case of state budget-financed projects and foreign-invested projects, the supplementation projects shall be considered and approved by the state agencies competent to approve investment projects.

In cases where projects are financed neither by the state budget capital nor foreign investment capital, the supplementation projects shall be considered and approved by hi-tech park management boards or economic zone management boards.

2. The extension is provided for as follows:

a) Within seven (7) working days after receiving the dossiers of application for land use duration extension, the hi-tech park management boards or the economic zone management boards shall have to consider and decide on the land re-assignment duration extension, land lease contract extension; notify the land use duration extension applicants thereof for performance of financial obligations;

b) Within five (5) working days after the expiry of the land use duration, the land users shall have to submit the expired land use certificates, the documents on financial obligation fulfillment, for cases of eligibility for land use right duration extension, to the hi-tech park management boards or the economic zone management boards;

c) Within five (5) working days after receiving the certificates and financial vouchers, the hi-tech park management boards or the economic zone management boards shall have to submit the land use right certificates to the competent natural resources and environment offices for adjustment;

d) Within seven (7) working days after receiving the certificates and financial vouchers, the natural resources and environment offices shall have to adjust the land use duration on the land use right certificates and send them to the hi-tech park management boards or the economic zone management boards;

e) Within five (5) working days after receiving the certificates, the hi-tech park management boards or the economic zone management boards shall have to hand the adjusted land use right certificates to land users entitled to land use duration extension.

3. For cases of ineligibility for land use duration extension, the natural resources and environment offices shall cover the land according to the provisions of Clause 3, Article 132 of this Decree.

Article 143.- Order and procedures of registering land use changes due to name changes, land area shrinkage because of natural erosion or slides, changes in rights, changes in financial obligations

1. Land users wishing to register land use changes shall each submit one dossier set, comprising:

a) The application for registration of land use changes;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) Other legal papers related to registration of changes in land use.

2. The land use change registration is stipulated as follows:

a) Within ten (10) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, make certifications in the change registration applications; if making extracted cadastral measurement of the land plots, for cases of land area shrinkage due to natural erosion or slide, they must conduct extracted cadastral measurement of the land plots, make cadastral dossier extracts and send them together with the dossiers of application for change registration to the natural resources and environment offices of the same level;

b) Within seven (7) working days after receiving the dossiers, the natural resources and environment offices shall have to adjust the land use right certificates.

Article 144.- Order and procedures of re-granting, changing land use right certificates

1. Land users wishing for re-granting, changing the land use right certificates shall each submit one dossier set, comprising:

a) The application for re-granting, changing the land use right certificate;

b) The land use right certificate, in cases of granting for change thereof.

2. The re-granting and changing of the land use right certificates are stipulated as follows:

a) The land use right registration offices shall have to examine the dossiers; make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, cadastral dossier extracts; write certifications on the applications for re-granting, changing land use right certificates; send cadastral map extracts, cadastral dossier extracts together with the dossiers of application for re-granting, changing the land use right certificates to the natural resources and environment offices of the same level;

b) The provincial/municipal Services of Natural Resources and Environment shall sign the land use right certificates as authorized; the district-level Natural Resources and Environment Sections shall have to propose the People's Committees of the same level to sign for granting the land use right certificates;

c) The time for performing the jobs prescribed at Points a and b of this Clause shall not exceed twenty eight (28) working days from the date the land use right registration offices receive the complete and valid dossiers to the date the land users receive the land use right certificates.

In case of applying for re-granting due to the loss of land use right certificates, the land use right registration offices shall have a longer duration of no more than forty (40) working days, including ten (10) days for verification of the contents of the lost land use right certificates and thirty (30) days for posting up the announcement on the lost land use right certificates at the land use right registration offices and at the offices of the People's Committees of communes, wards or townships where exists the land.

Article 145.- Order and procedures of land plot separation or consolidation

1. The land plot separation or consolidation dossiers shall each comprise:

a) The land plot separation or consolidation application of the land user, for cases where land users so wish when exercising the rights over parts of the land plots or land recovery decisions of competent State agencies when recovering parts of the land plots or one of the documents prescribed at Point a, Clause 1, Article 140 of this Decree upon the exercise of rights over parts of the land plots;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. The land plot separation or consolidation at land users' requests shall be carried out as follows:

a) The land plot separation or consolidation applicants shall each compile a dossier set for submission at the provincial/municipal Services of Natural Resources and Environment, for organizations, religious establishments, overseas Vietnamese, foreign organizations, foreigners; at the district-level Natural Resources and Environment Sections, for households, individuals;

b) Within seven (7) working days after receiving the complete and valid dossiers, the natural resources and environment offices shall have to send the dossiers to their attached land use right registration offices for preparation of cadastral dossiers;

c) Within ten (10) working days after receiving the dossiers, the land use right registration offices shall have to make cadastral map extracts or extracted cadastral measurement, for localities where the cadastral maps are unavailable, make cadastral dossier extracts and send them to the natural resources and environment offices of the same level;

d) Within ten (10) working days after receiving the cadastral map extracts, the cadastral dossier extracts, the district-level Natural Resources and Environment Sections shall have to withdraw the granted land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, propose the People's Committees of the same level to consider and sign the land use right certificates for the new land plots; the provincial/municipal Services of Natural Resources and Environment shall have to withdraw the granted land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law and sign the land use right certificates for the new land plots if being so authorized, or propose the People's Committees of the same level to consider and sign the land use right certificates for the new land plots in case of being not authorized;

e) Within seven (7) working days after receiving the reports, the competent People’s Committees shall consider, sign and send to their attached natural resources and environment offices the land use right certificates for the new land plots, except for cases where the provincial/municipal Services of Natural Resources and Environment are authorized;

f) Within five (5) working days after the land use right certificates are signed, the natural resources and environment offices shall have to hand the originals of the land use right certificates over the new land plots to the land users; send the copies of the signed land use right certificates, the originals of the withdrawn land use right certificates or one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law, which was withdrawn, to their attached land use right registration offices; send the notices on land use changes to the land use right registration offices under the provincial/municipal Services of Natural Resources and Environment for adjustment of the original cadastral dossiers.

3. The land plot separation or consolidation in cases where the State recovers parts of land plots or in the cases prescribed at Point e, Clause 5, Article 41 of this Decree shall be carried out as follows:

a) Basing themselves on the land recovery decisions or one of the documents prescribed at Point a, Clause 1, Article 140 of this Decree, the natural resources and environment offices shall have to compile the dossiers on land plot separation or consolidation prescribed in Clause 1 of this Article;

b) To effect the land plot separation or consolidation according to the provisions of Points b, c, d, e and f, Clause 2 of this Article.

Section 3. ORDER AND ADMINISTRATIVE PROCEDURES IN THE EXERCISE OF LAND USERS' RIGHTS

Article 146.- Contracts on land use rights

1. The contracts on land use right exchange, transfer, lease, sublease; the contracts or documents on land use right donation; the contracts on mortgage, guarantee, capital contribution with the land use rights; the documents on land use right inheritance shall be made by the involved parties but not contrary to civil law provisions.

2. The contracts on land use right exchange, transfer, lease or sublease; the contracts or documents on land use right donation; the contracts on mortgage, guarantee or capital contribution with the rights to use the land under common use by the households must be agreed upon and signed by all members of such households, who have full civil act capacity, or their written authorization according to civil law provisions.

3. The contracts on land use right transfer, lease, sublease; the contracts or written documents on land use right donation; the contracts on mortgage, guarantee or capital contribution with the rights to use the land under the common use by groups of land users must be agreed upon and signed or authorized in writing by all members of the groups according to civil law provisions.

4. The contracts on land use right exchange, transfer, lease, sublease; the contracts or written documents on land use right donation; the contracts on mortgage, guarantee or capital contribution with the land use rights shall take effect as from the time of registration at the land use right registration offices. The priority order of payment for obligations related to the land use rights shall be determined according to the order of registration at the land use right registration offices.

The effect of testaments or inheritance division records, written commitments to land use right donation shall comply with civil law provisions.

Article 147.- Order and procedures of exchanging the agricultural land use rights of households, individuals

1. Cases of exchange under the common policy of "land plot swap for field consolidation" shall comply with the following regulations:

a) Agricultural land-using households and individuals shall themselves reach mutual agreement in writing on exchange of agricultural land use rights; submit the written agreements enclosed with the land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

b) The commune, ward or township People's Committees shall draw up general plans on agricultural land use right exchanges for the whole communes, wards or townships (including the schedule for implementation of exchanges) and send such plans to the district-level Natural Resources and Environment Sections;

c) The district-level Natural Resources and Environment Sections shall have to examine the plans and direct their attached land use right registration offices to prepare the cadastral dossiers;

d) The land use right registration offices shall have to make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, make cadastral dossier extracts and send them to the district-level Natural Resources and Environment Sections;

e) The district-level Natural Resources and Environment Sections shall have to examine the dossiers and submit them to the People's Committees of the same level for decision;

f) The People's Committees of rural districts, urban districts, provincial capitals or towns shall have to examine and sign the land use right certificates for exchanged land plots and send them to the district-level Natural Resources and Environment Sections.

2. The agricultural-land use right exchange between two households, two individuals shall be carried out as follows:

a) Households or individuals wishing to exchange their agricultural land use rights shall each submit one dossier set comprising the land use right exchange contract; the land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

b) Within two (2) working days after receiving the complete and valid dossiers, the commune, ward or township People's Committees shall have to send the dossiers to the land use right registration offices of the district-level Natural Resources and Environment Sections;

c) Within three (3) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to make cadastral dossier extracts and adjust the land use right certificates or carry out procedures for granting the land use right certificates, for cases of granting new land use right certificates.

Article 148.- Land use right transfer order and procedures

1. The land use transferees shall each submit one dossier set, comprising:

a) The land use right transfer contract;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. The land use right transfer shall be carried out as follows:

a) Within three (3) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, extract the cadastral maps; send cadastral figures to tax offices for determination of financial obligations; adjust the granted land use right certificates or carry out procedures to grant land use right certificates for cases of granting new certificates;

b) Within three (3) working days as from the date of receiving the notices on financial obligations, the land use right registration offices or the commune, township People's Committees shall have to notify the transferors and the transferees of the financial obligations they have to perform;

c) Within three (3) working days as from the date the transferors and the transferees fulfill their financial obligations, the land use right registration offices or the commune or township People’s Committees of the localities where exists the land shall have to hand the land use right certificates to the land use right transferees.

Article 149.- Order, procedures of registering land use right lease, sublease

1. The land use right lessors or sublessors shall each submit one dossier set, comprising:

a) The land use right-leasing or sub-leasing contract;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to carry out the procedures for land use right lease or sublease registration into the cadastral dossiers and adjust the granted land use right certificates or carry out the procedures to grant the land use right certificates for cases of granting new certificates.

3. The land lease or sublease order and procedures prescribed in this Article shall not apply to cases of leasing or subleasing land in industrial parks.

Article 150.- Order and procedures of deleting land use right lease or sublease registration

1. After the land use right-leasing or subleasing contracts expire, the land use right lessors or sublessors shall each submit one dossier set, comprising:

a) The certification of liquidation of land lease contract in the signed land lease contract, or the written land lease contract liquidation;

b) The land use right certificate.

2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to delete the lease or sublease registration in the cadastral dossiers and adjust the land use right certificates.

Article 151.- Land use right-inheriting order and procedures

1. The heirs shall each submit one dossier set, comprising:

a) The testament; the inheritance division records; the people's court's legally effective judgment or decision on settlement of dispute over land use right inheritance; the heir's written request, for cases where she/he is the only heir;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. The inheritance registration shall be carried out as follows:

a) Within four (4) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, extract the cadastral dossiers; send the cadastral figures to tax offices for determination of the financial obligations (if any); adjust the granted land use right certificates or carry out procedures to grant the land use right certificates for cases of having to grant new certificates;

b) Within three (3) working days after receiving the notices on financial obligations, the land use right registration offices or the commune or township People's Committees of the localities where exists the land shall have to notify the land use right heirs of the financial obligations they have to perform under law provisions;

c) Within three (3) working days after the land use right heirs fulfill the financial obligations, the land use right registration offices or the commune or township People's Committees of the localities where exists the land shall have to hand the land use right certificates to them.

Article 152.- Land use right donation order and procedures

1. The land use right donees shall each submit one dossier set, comprising:

a) The land use donation written commitment, contract or decision of organizations;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. The land use right donation shall be carried out as follows:

a) Within four (4) working days as from the date of receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, extract the cadastral dossiers; send the cadastral figures to tax offices for determination of financial obligations (if any); adjust the granted land use right certificates or carry out procedures for granting the land use right certificates for cases of having to grant new certificates;

b) Within three (3) working days after receiving the notices on financial obligations, the land use right registration offices or the commune or township People's Committees of the localities where exists the land shall have to notify the land use right donees of the financial obligations they have to perform;

c) Within three (3) working days after the donees fulfill their financial obligations, the land use right registration offices or the commune or township People's Committees shall have to hand the land use right certificates to them.

Article 153.- Order and procedures of registering the mortgage or guarantee with the land use rights

1. Within five (5) working days after the credit contracts are signed, the parties involved in the land use right mortgage or guarantee shall each have to submit one dossier set, comprising:

a) The land use right mortgage or guarantee contract;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall register the land use right mortgage or guarantee into the cadastral dossiers and adjust the granted land use right certificates or carry out procedures for granting the land use right certificates in cases of having to grant new certificates.

3. The registration for changes in the land use right mortgage or guarantee contents; the correction of errors in the registered land use right mortgage or guarantee contents shall comply with the order and procedures for land use right mortgage or guarantee registration prescribed in Clause 2 of this Article.

Article 154.- Order and procedures of registering the deletion of land use right mortgage or guarantee registration

1. After fulfilling their debt repayment obligations, the land use right mortgagors or the land use right guarantors shall each submit one dossier set comprising:

a) The certification by the mortgagees or the guarantees of the fulfillment of debt repayment obligations in the land use right mortgage or guarantee contract or the written certifications by the mortgagees or the guarantees of the fulfillment of debt repayment obligations;

b) The land use right certificate.

2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall examine the fulfillment of debt repayment obligations of the applicants for deletion of mortgage or guarantee registration; carry out the deletion of mortgage or guarantee registration in the cadastral dossiers and adjust the land use right certificates.

3. The order and procedures for registering the deletion of land use right mortgage or guarantee registration; registering the results of handling of the mortgaged land use right property, registering the results of handling of the guaranteed land use right property shall comply with the order and procedures prescribed for deletion of land use right mortgage or guarantee registration provided for in Clauses 1 and 2 of this Article.

Article 155.- Order and procedures of registering capital contribution with the land use rights

1. The contributors of capital with the land use rights shall each have to submit one dossier set comprising:

a) The contract on contribution of capital with the land use rights;

b) The land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any).

2. Within ten (10) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, register the capital contribution in the cadastral dossiers, adjust the land use right certificates or carry out procedures for granting of land use right certificates, for cases of having to grant new certificates.

Article 156.- The order and procedures for deleting the registration of capital contribution with the land use rights

1. The contributors of capital or the receivers of capital contributed with the land use rights or both parties shall each submit one dossier set comprising:

a) The contract on termination of capital contribution;

b) The land use right certificate.

2. In case of deleting the capital contribution registration and having previously, upon the capital contribution, only adjusted the land use right certificates (due to non-change in the land plots), within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, delete the capital contribution registration in the cadastral dossiers and adjust the land use right certificates.

3. In case of deleting the capital contribution registration and having previously, upon the capital contribution, granted the land use right certificates to new legal persons (due to changes in the land plots), the order and procedures are as follows:

a) Within three (3) working days after receiving the complete and valie dossiers, the land use right registration offices shall have to make cadastral dossier extracts and send them together with the dossiers to the provincial/municipal Services of Natural Resources and Environment;

b) Within five (5) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall adjust the land use right certificates, for cases of non-changes in land plots, or withdraw the granted land use right certificates, for cases of changes in land plots; where the capital contributors are economic organizations, overseas Vietnamese, foreign organizations, foreign individuals whose land use terms have not yet expired after termination of capital contribution, they shall sign the land use right certificates for granting to the capital contributors and send them to the attached land use right registration offices; where the capital contributors are households, individuals whose land use terms have not yet expired after termination of capital contribution, the land use right certificates withdrawn from new legal persons shall be sent to the Natural Resources and Environment Sections of the localities where exists the land;

c) Within three (3) working days after receiving the dossiers, the district-level Natural Resources and Environment Sections shall have to examine the dossiers and submit them to the People's Committees of the same level for deciding on the granting of land use right certificates to households or individuals that have contributed capital and whose land use terms have not yet expired after termination of capital contribution;

d) Within three (3) working days after receiving the reports, the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to consider and sign the land use right certificates.

4. Where the land use term expires simultaneously with the termination of capital contribution, if the capital contributors wish to continue using the land, they shall carry out the procedures to apply for extension of land use duration under the provisions in Articles 141 and 142 of this Decree; if the capital contributors do not apply for such extension or are not allowed for land use duration extension, the natural resources and environment offices shall carry out procedures for recovering the land according to the provisions of Clause 3, Article 132 of this Decree.

Article 157.- Order and procedures of registering the receipt of land use rights as the results of handling of contracts on mortgage, guarantee, capital contribution with, distraint for auction of, the land use rights

1. Organizations which have handled the land use rights mortgaged, used for guarantee or capital contribution, or have distrained for auction the land use rights for judgment execution according to law provisions shall have to submit for the land use right transferees one dossier set, comprising:

a) The contract on mortgage of, guarantee or capital contribution with, the land use rights or decision of the judgment-executing body to distrain the land use rights for auction;

b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) Vouchers on performance of the financial obligations (if any);

d) Documents on auction results in case of auction of the land use right.

2. The land use right receipt registration shall be carried out as follows:

a) Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, copies of cadastral dossier extracts and send them together with the dossiers to the natural resources and environment offices of the same level;

b) Within five (5) working days after receiving the dossiers, the natural resources and environment offices shall have to adjust the granted land use right certificates or carry out procedures for granting the land use right certificates in case of having to grant new certificates.

Article 158.- Order and procedures for selling, purchasing, leasing, inheriting or donating assets affixed to land, mortgaging, providing guarantee or contributing capital with assets affixed to land

1. The procedural order of selling, purchasing, inheriting or donating dwelling houses, other architectural works, forest trees, perennial trees affixed to land, which belong to the land users' ownership; mortgaging, providing guarantee or contributing capital with dwelling houses, other architectural works, forest trees, perennial trees affixed to land, which belong to the land users' ownership shall comply with the order of land use right transfer, lease, sublease, inheritance or donation, of mortgage, guarantee provision or capital contribution with the land use rights, prescribed in Articles 148, 149, 151, 152, 153 and 155 of this Decree.

2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment as well as other concerned ministries, branches in, guiding in detail the exercise of the rights to buy, sell, lease, inherit, donate assets affixed to land, to mortgage, provide guarantee or contribute capital with assets affixed to land.

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