Thông tư 14/2023/TT-BTNMT sửa đổi Thông tư liên quan đến việc nộp, xuất trình sổ hộ khẩu và giấy tờ liên quan cư trú khi thực hiện thủ tục hành chính, cung cấp dịch vụ công trong lĩnh vực đất đai do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULARS ON SUBMISSION AND PRESENTATION OF HOUSEHOLD REGISTRATION BOOKS AND DOCUMENTS RELATED TO RESIDENCE UPON CARRYING OUT ADMINISTRATIVE PROCEDURES OR PROVIDING PUBLIC SERVICES IN THE FIELD OF LAND

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Citizen Identification dated November 20, 2014;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015;

Pursuant to the Law on Residence dated November 13, 2020;

Pursuant to Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 on elaboration of a number of Articles of the Land Law;

Pursuant to Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 on amendments to Decrees on the implementation of the Land Law;

Pursuant to Government’s Decree No. 148/2020/ND-CP dated December 18, 2020 on amendments to Decrees on the implementation of the Land Law;

Pursuant to Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to some Articles of Decrees on submission and presentation of household registration books, temporary residence registration books upon carrying out administrative procedures or providing public services;

Pursuant to Government’s Decree No. 68/2022/ND-CP dated September 22, 2022 on functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director of the Department of Land Registration and Information Databases, Director of the Department of Land Resources Planning and Development and Director of the Department of Legal Affairs;

The Minister of Natural Resources and Environment promulgates Circular on amendments to some Articles of Circulars on submission and presentation of household registration books and documents related to residence upon carrying out administrative procedures or providing public services in the field of land.

Article 1. Amendments to some Articles of Circular No. 23/2014/TT- BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment on certificates of land use rights, ownership of houses and properties on land (hereinafter referred to as Certificate(s))

1. Point a Clause 1 Article 5 (amended by Clause 4 Article 6 of Circular No. 33/2017/TT-BTNMT) shall be amended as follows:

“a) With regard to a domestic individual, specify “Ông” (“Mr.”) (or “Bà” (“Mrs.”)), full name, date of birth, name and number of identity documents (if any), permanent address. If the identity document is ID card, specify “CMND số:...” (“ID card No…”); if it is a Military ID card, specify “CMQD số:…” (“Military ID Card No. …”); if it is a Citizen ID card, specify “CCCD số:…” (Citizen ID Card No. ...”); if an ID card or Citizen ID card is not available, specify “Giấy khai sinh số…” (“Birth Certificate No. …”) or “số định danh cá nhân: …” (“personal identification number”);

2. Point g Clause 1 Article 17 (amended by Clause 14 Article 6 of Circular No. 33/2017/TT-BTNMT) shall be amended as follows:

“g) The land user or owner of property on land is allowed to change the ownership; confirm the change in information about juridical person, ID card or Citizen ID card number or personal identification number or address on the Certificate issued at the request of the land user or the owner of property on land; confirm the change in information about juridical person, ID card or Citizen ID card number or personal identification number or address on the Certificate issued when applying for registration of changes to land and property on land;”

Article 2. Amendments to some Articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment on cadastral documents

1. Article 9 (amended by Clause 1 Article 2 of Circular No. 09/2021/TT-BTNMT) shall be amended as follows:

“Article 9. Application for registration of change to land and property on land

1. An application for transfer of agricultural land use rights of households and individuals with a view to performing “land lot regrouping” submitted for all relevant households and individuals shall include:

a) Application for issuance of the certificate of land use rights and ownership of houses and other properties on land, made using Form No. 04dd/DK enclosed therewith, of each household and individual;

b) Original copy of the issued certificate or a copy of the contract for mortgage of land use rights for land mortgaged at a credit institution;

c) Written agreement on transfer of agricultural land use rights of households and individuals;

d) Plan for transfer of agricultural land use rights of the commune-level People’s Committee approved by the district-level People’s Committee;

dd) Record of land handover under the “land lot regrouping" plan (if any).

2. An application for transfer of agricultural land use rights not related to "land lot regrouping"; transfer, lease, sublease, inheritance, donation or capital contribution by land use rights/ownership of property on land; transfer of land use rights/ownership of property on land of either wife or husband to that of both wife and husband shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

In case of a household/individual receiving transfer of agricultural land use rights, land area over which land use rights are transferred shall be specified in Point 4 Section I of Form No. 09/DK (Reason for change) as follows: “Receive … (specifying form of land use right transfer) … m² (specifying land area over which land use rights are transferred); total agricultural land area currently in use due to transfer of land use rights and after land use right transfer is registered from 01/7/2007 to before 01/7/2014 is … m² and from 01/7/2014 to now is ... m² (specifying land area over which land use rights are transferred by type of land and province/central-affiliated city)”;

b) Contract/document on transfer, lease, sublease, inheritance or donation of land use rights/ownership of property on land; capital contribution by land use rights/ownership of property on land; transfer of land use rights/ownership of property on land of either wife or husband to that of both wife and husband as per regulations.

If there is only one inheritor of land use rights/ownership of property on land, an application for registration of inheritance of land use rights/ownership of property on land from this inheritor is required;

c) Original copy of the issued certificate;

d) Written approval of the competent authority for the economic organization receiving transfer of or capital contribution or leasing agricultural land use rights for implementation of an investment project;

dd) Written consent of the land user which shows that the owner of the property on land may transfer, donate, lease or contribute capital by the property on land in case of transfer, donation or lease of or capital contribution by property on land whose owner is not the land user.

3. Application for annulment of registration of lease, sublease and capital contribution by land use rights/ownership of property on land shall include:

a) Written document on termination of the contract for lease, sublease or capital contribution by land use rights/property on land or contract for lease, sublease or capital contribution by land use rights/property on land whose termination is verified;

b) Original copy of the issued certificate in case of lease or sublease of land use rights of an investor in infrastructure construction in an industrial zone, industrial cluster, export-processing zone, hi-tech park or economic zone or capital contribution by land use rights/ownership of property on land.

4. Application for certificate issuance in case of transfer of land use rights/ownership of property on land before July 1, 2014 where the transferring party has been issued with the certificate but has not yet carried out transfer procedures as per regulations:

a) If land use rights/property on land are transferred, inherited or donated with a contract for or document on right transfer as per regulations but the transferring party does not hand the certificate over to the receiving party, the application shall include:

- Application for registration of change to land and property on land, made using Form No. 09/DK.

- Contract or document on right transfer formulated as per regulations;

b) If land use rights are transferred or donated without a contract for or document on right transfer as per regulations, the application shall include:

- Application for registration of change to land and property on land, made using Form No. 09/DK.

- Original copy of the issued certificate;

- Document on transfer of land use rights/property on land with signatures of transferring and receiving parties.

5. Application for registration of change to land use rights/ownership of property on land in case of settlement of a land-related dispute, complaint or denunciation; settlement of debt incurred from mortgage contract or capital contribution by land use rights/property on land; distrainment or auction of land use rights/property on land for sentence execution; division, consolidation or merger of organizations or company transformation; agreement on consolidation or division of land use rights/property on land among members of a household, or between husband and wife, or among a group of land users shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK;

b) Original copy of the issued certificate, unless it is an application for execution of an effective sentence enforcement decision of the sentence enforcement authority or decision or sentence of the People’s Court, or auction of land use rights/property on land at the request of the People’s Court or the sentence enforcement authority where the original copy of the issued certificate cannot be revoked;

c) Any of the following documents: successful mediation record (in case mediation is successful and there is change in boundaries of the land lot, the recognition decision of the competent People’s Committee is required) or decision of the competent authority on settlement of land-related dispute, complaint or denunciation as per the law; document on handover of mortgaged property according to agreement (if any) and document or mortgage contract containing agreement on settlement of mortgaged property; document or capital contribution contract containing agreement on settlement of contributed property and document on handover of contributed property according to agreement; decision or judgment of the People's Court, sentence enforcement decision of sentence enforcement authority that has been executed and determines the holder(s) of land use rights/ownership of property on land; written results of auction of land use rights/property on land at the request of the land user(s)/property owner(s) or the People's Court or the sentence enforcement authority concerning the executed sentence; contract or written agreement on division or consolidation or transfer of land use rights/ownership of property on land in case of organization division, consolidation or merger or company transformation; contract or written agreement on division or consolidation of land use rights/ownership of property on land of households or husband and wife or group of land users or group of owners of property on land;

d) Document on organization division or consolidation as per the law in case of division or consolidation of land use rights/ownership of property on land of an organization; contract or written agreement on division or consolidation of land use rights/ownership of property on land containing information on a household's members sharing a piece of land and properties on land at the time the State grants or leases out land, recognizes land use rights or receives land use right transfer in case of division or consolidation of land use rights/ownership of property on land of the household; in case of division or consolidation of land use rights/ownership of property on land of spouses, written information on marital status extracted from the national population database by the procedure-processing authority or a copy of marriage certificate or divorce certificate in case where the information cannot be extracted.

6. Application for registration of change to use of land/property on land due to change to the ownership of the land user/owner of property on land; decrease in land lot area due to natural erosion; change to restriction on land use rights; change to financial obligations; or change to property on land in comparison with registered content and issued certificate shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate;

c) Any of the following documents related to the change:

- Written approval of competent authority as per the law in case of change to name of individual or household representative;

- Written agreement of the household certified by the commune-level People’s Committee in case of change of the representative that is a household member; written information about the household head extracted from the national population database by the procedure-processing authority according to regulations in Article 14 of Government's Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on submission and presentation of household registration books, temporary residence registration books upon carrying out administrative procedures or providing public services in case of change of the representative that is the household head;

- Written agreement of the residential community certified by the commune-level People’s Committee in case of change to the name of the community;

- Written confirmation of natural erosion made by the commune-level People’s Committee in case of decrease in area of the land lot/property on land due to natural erosion;

- Documents on fulfillment of financial obligations in case where the issued certificate records a debt or late fulfillment of financial obligations, unless the land user is exempt from fulfilling a part or all obligations due to change in law;

- Decision of the competent authority on change to restriction on land use rights/ownership of property on land stated in the certificate in case such restriction is imposed according to a decision on land allocation, land lease or recognition of land use rights; written consent for change to restriction of persons with relevant interests verified by the commune-level People’s Committee in case of change to restriction according to a written document on transfer of land use rights;

- Copy of one of the documents mentioned in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP, showing the changed content in case of change to information on property on land stated in the certificate.

7. Application for switching from annual land rent payment to lump-sum land rent payment or from land allocation without land levy to land lease or from land lease to land allocation with land levy shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate;

c) Land lease contract that has been concluded;

d) Documents on fulfillment of financial obligations; papers related to the exemption or reduction in financial obligations on land/property on land (if any).

8. Application for registration of establishment of limited rights to use the adjacent land lot after the certificate is granted for the first time and registration of change to or termination of limited rights to use the adjacent land lot shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate of one relevant party or all relevant parties;

c) Contract or written agreement or decision of the People's Court on establishment of or change to or termination of limited rights to use the adjacent land lot;

d) Diagram of location and size of area of the land lot that the user of the adjacent land lot is allowed to use.

9. Application for extension of the period of land use outside of a hi-tech park or economic zone shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate;

c) Copy of the additional investment decision or investment license or investment certificate or investment guideline decision, showing the (adjusted) project performance term in accordance with the extended period of land use in case of use of land of an organization or foreign organization that has diplomatic functions, foreign-invested enterprise or overseas Vietnamese that conducts the investment project.

In case a Vietnamese organization is using the land for investment on the land but it does not fall within the case where an additional investment decision or investment license or investment certificate or investment guideline decision is required as per regulations of law on investment, the reason for extension of the period of land use in Point 4 of the application for change to land/property on land, made using Form No. 09/DK shall be specified;

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

10. Application for certification of further use of agricultural land of a household or individual upon land use expiration if requested; or division of a land lot from multiple land lots granted a common certificate for issuance of a separate certificate shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

In case a land lot is separate from multiple land lots granted a common certificate for issuance of a separate certificate, it is not required to declare and certify information in Point 5 of Section I, Section II and Section IV of Form No. 09/DK;

b) Original copy of the issued certificate;

11. Application for division or consolidation of land lots shall include:

a) Application for division or consolidation of land lots made using Form No. 11/DK;

b) Original copy of the issued certificate;

12. Application for mortgage registration or annulment of mortgage registration as per regulations on secured transaction registration.

In case of lease or sublease of land of an investor in infrastructure in an industrial park, industrial cluster, export-processing zone, hi-tech park or economic zone leased by the State with land rent paid annually, and if the land lessee or sub-lessee makes a lump-sum land rent payment before July 1, 2014, and the land user applies for mortgage of land use rights or mortgage of land use rights and property on land, the application for mortgage registration shall include documentary proof that the investor has submitted the lump-sum land rent paid by the lessee or sub-lessee to state budget.

13. Application for redetermination of residential land area for a household or individual granted a certificate shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate;

14. Application for change registration in case where a household or individual hands over land use rights to an enterprise shall include

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate;

c) Written consent of household members for handover of land use rights of the household to the enterprise, notarized or certified as per the law for land whose use rights are held by a household;

d) Land lease contract that has been signed of the household or individual.

15. Application for extension of the period of use of agricultural land of a religious establishment shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK.

b) Original copy of the issued certificate;

16. Application for confirmation of change to information on juridical person, ID Card/Citizen ID Card/Personal Identification Number or address on the issued certificate at the request of the land user or owner of property on land shall include:

a) Application for registration of change to land and property on land, made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Written information extracted from the national population database by the procedure-processing authority according to regulations in Article 14 of Government's Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on submission and presentation of household registration books, temporary residence registration books upon carrying out administrative procedures or providing public services in case of change to ID Card/Military ID Card/Citizen ID Card/Personal Identification Number or another documentary proof of change to personal information of the person whose name is written on the Certificate or address on the Certificate.

d) Document of the competent authority permitting or recognizing change to information on juridical person of the organization stated in the certificate.

17. Application for registration of change to land or property on land mentioned in Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 of this Article that contains change to information on juridical person, ID Card/Citizen ID Card/Personal Identification Number or address on the issued certificate shall include the following documents:

a) Regarding an individual, written information extracted from the national population database by the procedure-processing authority according to regulations in Article 14 of Government's Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on submission and presentation of household registration books, temporary residence registration books upon carrying out administrative procedures or providing public services;

b) Regarding an organization, residential community or religious establishment, document of the competent authority permitting or recognizing change to information on juridical person of the organization stated in the certificate.”

2. Point a Clause 2 Article 15 shall be amended as follows:

“a) With regard to an individual, specify “Ông” (“Mr.”) (or “Bà” (“Mrs.”)), full name, and date of birth stated in ID Card or Citizen ID Card or Personal Identification Number or Military ID card or Birth Certificate or other identification documents of such individual;

Regarding a foreign individual or an oversea Vietnamese (including any person who inherits or receives the land or house by inheritance or donation but is not entitled to buy house(s) in Vietnam), specify “Ông” (“Mr.”) (or “Bà” (“Mrs.”)), full name, and date of birth, his/her nationality according to his/her passport;”

3. Point a Clause 3 Article 15 (amended by Clause 13 Article 7 of Circular No. 33/2017/TT-BTNMT) shall be amended as follows:

“a) With regard to an individual, a representative of a household and their spouse, the information on the ID card or Military ID Card or Citizen ID Card, including: Name of the card (ID Card or ID military card or Citizen ID Card) and number of such card shall be shown. In case ID Card or Citizen ID Card is not available, name and number of Birth Certificate or Personal Identification Number shall be shown.”

4. The phrase “số giấy CMND”, “số giấy chứng minh nhân dân” ("ID Card Number”) shall be replaced with the phrase “số CMND hoặc số CCCD hoặc số định danh cá nhân” (ID Card/Citizen ID Card/Personal Identification Number) in Guidance of Form No. 04a/DK (amended by Clause 19, Article 7 of Circular No. 33/2017/TT-BTNMT).

5. The phrase “giấy CMND” ("ID Card”) shall be replaced with the phrase “CMND hoặc CCCD hoặc số định danh cá nhân” (ID Card or Citizen ID Card or Personal Identification Number) in Guidance of Form No. 04b/DK.

6. The phrase “giấy CMND” ("ID Card”) shall be replaced with the phrase “CMND hoặc CCCD hoặc số định danh cá nhân” (ID Card or Citizen ID Card or Personal Identification Number) in Guidance of Form No. 11/DK.

Article 3. Amendments to some contents of Circular No. 34/2014/TT-BTNMT dated June 30, 2014 of the Minister of Natural Resources and Environment on development, management and use of land information system

The phrase “Số CMTND/Hộ chiếu” (ID Card/ Passport Number) shall be replaced with the phrase “Số CMND/CCCD/DDCN/Hộ chiếu” (ID card/ Citizen ID Card/Personal Identification/Passport Number) in Section 1 and the phrase “CMND” (ID card) is replaced with the phrase “CMND hoặc CCCD hoặc số DDCN” (ID Card or Citizen ID Card or Personal Identification Number) in Note 2 of Form No. 01/PYC.

Article 4. Amendments to some contents of Circular No. 33/2017/TT- BTNMT dated September 29, 2017 of the Minister of Natural Resources and Environment on elaboration of Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 on amendments to some Decrees on elaboration of the Land Law and some Articles of Circulars on guidelines for the Land Law

1. The phrase “nơi đăng ký hộ khẩu thường trú” (where the permanent residence of the household or individual is registered) shall be replaced with the phrase “nơi đăng ký thường trú” (where the permanent residence is registered) in Points a,b,c and d Clause 4 Article 3.

2. Clause 4 and Clause 14 Article 6; Clause 13 Article 7 shall be annulled.

3. The phrase “hoặc Căn cước công dân hoặc số định danh cá nhân” (or Citizen ID Card or personal identification number) shall be added after the phrase “Chứng minh nhân dân” (ID Card) in Note 10 Form No.03b.

4. The phrase “số định danh cá nhân" (personal identification number) shall be added after the phrase “số thẻ Căn cước công dân” (Citizen ID Card Number) in “Note” of Form No. 09/DK.

Article 5. Implementation

1. This Circular comes into force from the date on which it is signed.

2. The Circular annuls Clause 1 Article 2 and Clause 5 Article 11 of Circular No. 09/2021/TT-BTNMT dated June 30, 2021 on amendments to some Articles of Circulars on elaboration and provision of guidelines for the Land Law.

Article 6. Implementation responsibilities

1. Department of Land Registration and Information Databases and Department of Land Resources Planning and Development shall be responsible for inspecting and urging the implementation of this Circular.

2. People’s Committees of provinces and central- affiliated cities and relevant organizations and individuals shall be responsible for the implementation of this Circular.

3. Departments of Natural Resources and Environment shall be responsible for assisting People’s Committees of provinces and central-affiliated cities to organize the implementation of this Circular in their provinces and cities.

Any difficulty arising from implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment. /.