Thông tư 23/2014/TT-BTNMT về Giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -----------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 23/2014/TT-BTNMT	Hanoi, 19 May 2014

 

CIRCULAR

PROVIDING FOR CERTIFICATE OF LAND USE RIGHT, HOUSE OWNERSHIP AND OTHER PROPERTIES ASSOCIATED WITH THE LAND

Pursuant to the Land Law dated 29 November 2013;

Pursuant to Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government detailing the implementation of a number of articles of the Land Law;

Pursuant to Decree No. 21/2013/ND-CP dated 04 March 2013 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director General of General Department of Land Administration and the Director General of Department of Legal Affairs,

The Minister of Natural Resources and Environment issues the Circular providing for Certificate of land use right, house ownership and other properties associated with the land.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for Certificate of land use right, house ownership and other properties associated with the land (Hereafter referred to as Certificate).

Article 2. Subjects of application

1. State management authorities; bodies specialized in natural resources and environment, houses and constructional works, agriculture and rural development, finance at all levels and other bodies concerned; cadastral public servants at communes, wards and towns.

2. Land users; owners of houses and properties associated with the land, other organizations and invidividuals concerned.

Chapter II

FORM OF CERTIFICATE AND PRINTING, ISSUE AND MANAGEMENT OF CERTIFICATE DRAFT

Article 3. Form of certificate

1. Certificate is issued by the Ministry of Natural Resources and Environment in a uniform form which is applied on a national scale for all types of land, houses and properties associated with the land. A Certificate consists of one sheet including 04 pages printed on background of lotus pink bronze drum pattern (called certificate draft) and additional page on page background, each page is 190mm x 265mm in size,including the contents regulated as follows:

a) Page 1 consists of National name, emblem and the words “Certificate of land use right, house ownership and properties associated with the land” ; section “I. Name of landuser, owner of house and properties associated with the land” and issue number of the Certificate (serial number) including 02 Vietnamese letters and 06 digits printed in black with embossing seal of the Ministry of Natural Resources and Environment;

b) In page 2 with black letters including section “II. Land parcel, house and other properties associated with the land” in which there is information about the land lot, house and other constructional works, production forest as grown forest, perennials  and note; signing date of Certificate and organ issuing Certificate and the recorded number in Certificate issuing book.

c) Page 3 with black letters including section “III. Plan of land parcel, house and other properties associated with the land” and section “IV. Changes after the issuance of Certificate”.

d) Page 4 with black words including the next contents of section”IV. Changes after the issuance of Certificate”; the contents of note to person issued with Certificate; barcode.

dd) Additional page of Certificate with black letters including the words “Additional page of Certificate”; land parcel number, issue number of Certificate; recorded number in Certificate issuing book and section “IV. Changes after the issuance of Certificate”; as in page 4 of the Certificate;

e) The contents of Certificate specified under Points a, b, c, d and dd of this Clause shall be printed and written by the land registration Office or branch of land registration Office or the land use right registration Office (in places without land registration Office when preparing dossiers to be submitted to the competent authorities for issuance of Certificate or certification of changes in the issued Certificate.

2. The contents and specific form of Certificate specified under Points a, b, c, d, dd, Clause 1 of this Article are made under the Form issued with this Circular.

Article 4. Printing, issuance and management of use of Certificate draft

1. The General Department of Land Administration is responsible for:

a) Organizing the printing and issuance of Certificate draft to the land registration Office or the land use right registration Office at all levels for use;

b) Preparing and managing the monitoring book of issuance of Certificate draft;

c) Inspecting and giving instructions on the management and use of Certificate draft at all localities.

2. The Department of Natural Resources and Environment is responsible for:

a) Preparing plan for use of Certificate draft of localities and send it to the General Department of Land Administration prior to the 31^st date of October annually;

b) Inspecting and giving instructions on the management and use of Certificate draft at all localities.

c) Organizing the destruction of Certificate draft or damaged printed or written Certificate under regulations of law on archive;

d) Making periodical reports on receiving, managing and using Certificate draft from localities to the General Department of Land Administration prior to the 25^th date of December annually.

3. The Division of Natural Resources and Environment at the place without the land registration Office is responsible for

a) Preparing plan for use of Certificate draft of localities and send it to the Department of Natural Resources and Environment prior to the 20^th date of October annually;

b) Inspecting the management and use of Certificate draft of district-level land use right registration Office.

4. The land registration Office or the land use right registration Office at all levels is responsible for:

a) Making report to the natural resources and environment organs on the needs of use of Certificate draft prior to the 15^th date of October annually;

b) Receiving, managing and preparing the monitoring book of receipt, issuance and use of Certificate draft issued to localities;

c) Regularly inspecting the management and use of Certificate draft in its unit to ensure the consistency between the monitoring book and a number of Certificate draft actually managed or used;

d) Gathering and managing the Certificate draft or damaged printed or written Certificate for destruction;

dd) Making report on receipt, management and use of Certificate draft to the Department of Natural Resources and Environment every 06 months prior to 20^th date of June and annually prior to 20^th date of December.

5. The contents and form of the monitoring Book of issuance of Certificate draft; the monitoring Book of receipt, issuance and use of Certificate draft and the reports on receipt, management and use of Certificate draft under the Form specified in Annex 01 issued together with this Circular.

Chapter III

RECORD OF CONTENTS IN CERTIFICATE

Article 5. Recording information on land user or owner of properties associated with the land is specified in page 1 of Certificate

1. Specifying information on land user or owner of properties associated with the land issued with Certicate under the following regulations:

a) For domestic individuals, write “Mr (or “Mrs”), full name, date of birth, name and number of personal paper (if any), permanent residence. If the personal paper is ID card, write “ID card No…”, if ID card of People's Army, write “ID Card of People's Army No….”; if having no ID card, write “Birth certificate No….”;

b) Oversea Vietnamese people entitled to own houses in Vietnam and foreign individuals entitled to own houses under regulation, write “Mr (or “Mrs”), full name, date of birth, nationality; for personal paper, write “Passport No…issued at:…, issue year:….”; address of permanent residence of such people in Vietnam (if any);

c) If households using land, write “Household of Mr” (or “Household of Mrs”), full name, date of birth, name and number of personal paper of householder as specified under Point a of this Clause, address of permanent residence of household. If the household has no right to use the Joint land of household, write the name of representative who is other member of household sharing the land use right of household.

Where the householder or other representative of household having spouse sharing the Joint land use right of household, write full name of either spouse,

d) Where the right of land use and properties associated with the land as the Joint properties of both spouse, write full name, date of birth, name and number of personal paper, address of permanent residence of both spouse as stipulated under Point a and b of this Clause;

dd) For domestic organization, write name of organization, paper, number and signing date and signing agency of legal paper (relating to establishment or recognition of organization or certificate or permit of investment or business under regulations of law); address of main office of organization;

e) Oversea Vietnamese people or enterprises with foreign invested capital implementing investment projects in Vietnam, write name of economic organization which is the entity implementing investment projects; name of papers, number and signing date and signing agency of legal paper (relating to establishment or recognition of organization or certificate or permit of investment or business under regulations of law); address of main office of organization in Vietnam;

g) For foreign organization with diplomatic functions, write the name of organization and its address of main office.

h) For religious establishment, write its name and address;

i) For residential community (defined by such residential community and certified by communal People’s Committee) and address of Joint living activities of such residential community.

2. Where the land user is not the owner of properties associated with the land, the Certificate shall be issued separately to the land user and to the owner of properties associated with the land. The information on the person issued with Certificate is written as follows:

a) If the Certificate is issued to the land user, only write information on the land user as specified in Clause 1 of this Article;

b) If the Certificate is issued to the owner of properties associated with the land, only write information on the owner of properties associated with the land under the provisions in Clause 1 of this Article, then write “Owning properties on the land parcel….(specify form of lease, borrowing,…) of…(specify name of leasing or borrowing organization, household or individual,…)”.

3. Where the land  parcel which the organizations, households or individuals are using or owning the properties associated with the land, except for cases specified in Clause 4 of this Article, the Certificate is issued to each organization, household or individual after the land use right and ownership of properties associated with the land is defined.

In each Certificate, write all information on the person issued with Certificate under the provisions in Clause 1 of this Article, then write “sharing the use of land or ownership of properties associated with the land (or sharing the use of land or ownership of properties) with…(specify name of remaining persons sharing the land use right or ownership of properties associated with the land)”.

Where the land parcel which many organizations, households or individuals are using or own the properties associated with the land and have a written agreement upon issue of one Certificate to a representative (with certificate from the notary public or certification under regulations of law), the Certificate is issued to such representative. In the Certificate, write information on the representative as specified in Clause 1 of this Article and on the next line, write “Being the representative for the persons sharing the use the land (or sharing the ownership of properties associated with the land or sharing the use of land and sharing the ownership of properties associated with the land) including:….(specify names of the persons using land or properties associated with the land)”.

Where there are many persons using land or sharing the ownership of properties associated with the land and there is not adequate space to specify their name in page 1, then in the last line of page 1, write “and other persons having their names at the Note of this Certificate” and at the Note of the Certificate, write: “The other persons share the use of land (or share the use of land and ownership of properties associated with the land) including:…(specify names of the remaining persons sharing the use of land or ownership of properties associated with the land)”.

4. Where there are many persons inheriting the land use right or ownership of properties associated with the land and such inheritors have agreed in writing not to divide the inheritance and request the issuance of Certificate to a representative for the entire area of land and properties associated with the land. In this case, a Certificate shall be issued to such representative. The written agreement must be notarized or certified under regulations of law. In this Certificate, write information of the representative under the provisions in Clause 1 of this Article and in the next line, write “Being the representative of such inheritors, including …..(specify names of inheritors of land use right and properties associated with the land)”.

5. In case of issuance of Certificate to the owner of apartment, the name of apartment owner shall be specified in such Certificate under the provisions of Clause 1 of this Article.

Article 6. Specifying information on land parcel in page 2 of Certificate

Information on the land parcel is specified in the Certificate for all cases issued with Certificate under the following provisions:

1. Land parcel number: write the number of land lot in the cadastral map in accordance with regulations on establishment of cadastral map of the Ministry of Natural Resources and Environment.

In case of using the excerpt of cadastral measurement (for localities having no cadastral map) for the issuance of Certificate, write the number of land parcel in the excerpt of measurement; in case of measurement of one land lot, the number of land lot is written as “01”.

2. Map number: write the ordinal number of cadastral map with the land parcel issued with Certificate within the range of each of communal-level administrative unit. In case of using the excerpt of cadastral measurement for the issuance of Certificate, write the number of excerpt of land lot measurement.

3. Address of land parcel: write the area (field area, residential area,…); house address, name of street (if any), name of communal, district and provincial administrative unit where the land is located.

4. Area: specify the area of land parcel in Arabic numerals based on square meter (m²) to be rounded to to one decimal.

Where there is an apartment building on the land parcel, only specify the area of land shared by owners of apartments under the provisions in Article 49 of Decree No. 43/2014/ND-CP dated 15 May 2014 of the Government detailing the implementation of some articles of the Land Law (hereafter referred to as Decree No. 43/2014/ND-CP).

5. Form of use is written as follows:

a) In case the whole area of land parcel is under the use right of one land user (an individual, household, spouse, residential community, domestic organization, religious establishment, foreign individual, oversea Vietnamese person,….) then write “Separate use” in the section of form of use;

b) In case the whole area of land parcel is under the use right of many land users, write “Joint use” in the section of form of use;

c) In case the land parcel has garden and pond but the recognized residential area is smaller than the land lot with its form of separate or Joint use for each type of land, write “Separate use” and the purpose of use and the area of land of separate use; write “Joint use” and the purpose of use and the area of land of Joint use. Ex: “Separate use”: Residential land 120m², land for perennial crop 300m²; Joint use: Residential land 50m², land for annuals 200m²;

6. The purpose of land use is written under the following provisions:

a) The purpose of land use is uniformly written with the cadastral book by a specific name for the following types of land:

- Group of agricultural land: “ Land for wet rice only”, “ Remaining land for wet rice”, “Land for upland rice”, “Land for other annuals”, “Land for perennials”, “Land for production forest”, “Land for protection forest”, “Land for special-use forest”, “Land for aquaculture”, “Other agricultural land”;

- Types of non-agricultural land include: “Rural residential land”, “Residential land in urban areas”, “Land for office building”, “Land for defense”, “ Land for security”, “Land for building of non-business organization”, “Land for building of cultural establishments”, “Land for building of social service establishments”, “Land for building medical facilities”, “ Land for building educational and training establishments”, “Land for building of sports and fitness establishments”, “Land for building of scientific and technological establishments”, “ Land for building of diplomatic establishments”, “Land for building of other non-business works”, “Land for industrial parks”, “Land for industrial clusters”, “Land for export processing zones”, “Land for commerce and services”, “Land for non-agricultural production establishments”, “Land used for mineral activities”, “Land for production of constructional materials and ceramics”, “Traffic land”, “Irrigation land”, “Land with historical and cultural monuments”, “Land with famous landscape”, “Land for living community”, “Land for public entertainment”, “Land for energy works”, “Land for postal and telecommunications works”, “Land for markets”, “Land for waste and waste processing”, “Land for other public works”, “Land for religious establishments”, “Land for belief establishments”, “Land for building of cemetery”, or “Land for building of cemetery and crematory”, “Land for building crematory“, “Land for building of funeral home”, “Land with special-use water surface”, “Other non-agricultural land”;

b) Land parcel allotted, leased or recognized the land use right to one land user by the State for many purposes specified under Point a of this Clause and such purposes must be fully recorded.

Where the land lot is used for many purposes in which the main purposes and minor purposes are defined, then after the main purposes, write “main”;

c) Where the land parcel is used by many persons together with different purposes of use, in which each person uses land for a certain purpose, the Certificate issued to each person must specify the purpose of land use of such person and write “Land lot is also used for the purpose of……(write the remaining purposes of land use” of other persons” in the Note of the Certificate;

d) Where the land parcel has garden and pond in which a part of area is recognized as residential land and the remaining part is used as recognized for the purposes of the group of agricultural land, then write “Residential land” and the attached recognized area of residential land, then write each specific purpose of use of the group of agricultural land and attached area.

dd) The identification of purpose of land use upon issuance of Certificate is done under the provisions in Article 11 of the Land Law and Article 3 of Decree No. 43/2014/ND-CP.

7. The duration of land use is specified under the following provisions:

a) Where the State assigns or leases land, write the duration under the decision for land allotment or leasing; Where the State recognizes the land use right, write the recognized duration of use under the regulations of law on land;

b) In case of using land with definite duration, write “Duration of land use until …/…/...(specify date, month and year of expiration)”;

c) Where the duration of land use stable permanent, write "Permanent";

d) Where the land parcel has garden and pond but the recognized area of residential land is a part of land lot, write the duration of land use as per each purpose of land use “Residential land: permanent; Land…(write the name of use purpose as per the reality of agricultural group of land for the area of garden and pond not recognized as residential land): Duration of land use until …/…/...(specify date, month and year of expiration)”;

8. Origin of use is written under the following provisions:

a) In case of being allotted land from the State without land use fees, write “allotted land from the State without land use fees”;

b) In case of being allotted land from the State with land use fees (including the cases of land allotment through the auction of land use right; buying of building apartment and in case of being allotted land from high-tech industrial park or economic zone management board and in case of being reduced or exempted from financial obligations), write “the State allots land with land use fees”.

c) In case of leasing land from the State with one time payment of rental for the whole duration of leasing (including the cases of land allotment through the auction of land use right; and in case of being allotted land from high-tech industrial park or economic zone management board and in case of recognition of land use right in the form of land leasing with one time payment of rental and in case of being reduced or exempted from financial obligations), write “the State leases land with one time payment of rental”;

d) In case of leasing land from the State with annual payment of rental and in case of being reduced or exempted from financial obligations), write “the State leases land with annual payment of rental”;

dd) Where the land use right is recognized by the State but the payment of land use fees must be made, including households and individuals using land for the non-agricultural purpose as per the regulation on land allotment with land use fees under the regulations of law on land but not have to make payment or being reduced or exempted from financial obligations, write “Recognition of land use right as land allotment with land use fees”;

e) Where the land use right is recognized by the State under the regulation of land allotment without land use fees, write “Recognition of land use right as land allotment without land use fees”;

g) In case of issuance of Certificate from separation or combination of land lot or re-issuance or issuance or change of Certificate without change of purpose of land use, write the origine of land use as recorded in the Certificate first issued and specified in compliance with the provisions in this Circular.

Where the issued Certificate has no origin of land use recorded, based on the dossier for issuance of Certificate previously approved and regulations of law on land at the time of issuance of Certificate, the origin of land use shall be identified under the provisions in this Circular;

h) In case of transfer of land use right and issuance of Certificate to the receiver of transfer of right, write the form of receipt of transfer of right (such as conversion, assignment, inheritance, donation, capital contribution, auction winning, mortgage debt processing, dispute settlement, complaint or denunciation settlement, implementation of decision (or judgment) of the Court; implementation of decision of judgment enforcement;…) and write the origin of land use as recorded in the Certificate first issued and specified in compliance with the provisions in this Circular. Ex: “Receipt of transfer of land allotted by the State with land use fees”.

In case of receiving the land use right for different purposes but the procedures must be done for transfer of purpose of land use, write the origin of land use in the form specified under Points a, b, c and d of this Clause in accordance with the form of compliance with financial obligations with the State after the transfer of purpose of land use;

i) In case of transfer of purpose of land use with the issuance of Certificate, write under the regulations for case of land allotment with land use fees from the State (if the land user makes payment of land use fees for the transfer of purpose); write under the regulations for case of land leasing from the State (if the land user transfers to land leasing or continue the land leasing as before transfer of purpose); write as before the transfer of purpose of land use for case where the land use right is recognized by the State without making payment for transfer of purpose and without transfer to land leasing;

k) In case of land leasing, land sub-leasing from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zone, high-tech parks and economic zones in the form of one time payment, write “Land leasing with one time payment of from enterprises investing in industrial infrastructure (or industrial cluster, export processing zone,…)”.

In case of land leasing, land sub-leasing from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zone, high-tech parks and economic zones in the form of annual payment, write “Land leasing with annual payment of from enterprises investing in industrial infrastructure (or industrial cluster, export processing zone,…)”.

l) Where the land parcel includes the areas with different origin of land use, write each type of origin and area with its attached origin.

m) In case of reduction or exemption form financial obligations under regulations of law, write the reduction or exemption in the Certificate as stipulated in Article 13 of this Circular.

9. Where the land user uses a lot of agricultural land parcels and needs the issuance of a joint Certificate, specify under the following regulation:

a) Address of land user: indicating the joint address of land parcels, including name of field area (if any) and name of communal, district and provincial administrative unit;

b) Information about land parcel, map number, area, form of use, purpose of use, duration, origin of use is indicated under the provisions in Clause 1, 2, 4, 5, 6, 7 and 8 of this Article in the following table:

Map number	Land lot number	Area (m2)	Form of use	Purpose of use	Duration	Origin of use

c) Where the land users use many agricultural land parcels and cannot indicate all of them in page 2 of the Certificate, they shall be issued with Certificate for the remaining land lots as prescribed under Point a and b of this Clause.

Article 7. Specifying information on house and other properties associated with the land in page 2 of Certificate

1. The properties associated with the land indicated in the Certificate are the ones actually constituted at the time of issuance of Certificate and under the ownership of the person requesting the issuance of Certificate, except for cases specified in Article 35 of Decree No. 43/2014/ND-CP.

2. Where the properties are separate houses, the contents are indicated under regulation as follows:

a) Type of house: specify the type of house under regulations of law on house. Ex: “Separate house”, “Village”;

b) Constructional area: specify the built-in area of the house at the contact location with the ground by the outer edge of wall of the house in Arabic numeral, in unit of square meter (m²) and rounded to one decimal;

c) Floor area: write in Arabic numeral and in unit of square meter (m²) and rounded to one decimal. For one-storey house, write the constructional area of such house. For multi-storey house, write the total constructional area of all storeys.

d) Form of ownership: write “Separate ownership” if the house is owned by one owner; write “Joint ownership” if the house is owned by more than one owner; if the house has separate and Joint ownership, write each form of ownership and attached area. Ex: “Separate ownership 50m²; Joint ownership 20m²”;

dd) House grade (class): define and write as per the regulation of law on house classification, and law on construction;

e) Duration of ownership: write in the following cases:

- In case of house buying with definite duration under regulation of law on house, write the date, month and year of ownership expiration under sale contract or under regulation of law on house;

- In case of house ownership on land leased or borrowed from another land user, write the date, month and year of leasing or borrowing expiration;

- Other remaining cases without definite duration: write "-/-".

3. If the property is a building apartment, indicate the contents under regulation as follows:

a) Type of house: “Apartment No…”,

b) Name of apartment building: write name or number of apartment building, complex as per investment project, design or planning approved by the competent authorities;

c) Floor area: write the usable floor area of apartment under the apartment sale contract;

d) Form of ownership: write “Separate ownership” if the apartment is owned by one owner; write “Joint ownership” if the apartment is owned by more than one owner; if the apartment has separate and Joint ownership, write each form of ownership and attached area. Ex: “Separate ownership 50m²; Joint ownership 20m²”;

dd) Duration of ownership: write in the following cases:

- In case of apartment buying with definite duration under regulation of law on house, write the date, month and year of ownership expiration under sale contract or under regulation of law on house;

- In case of house buying with definite duration under regulation of law on house, write the date, month and year of ownership expiration under sale contract or under regulation of law on house;

- Other remaining cases without definite duration: write "-/-".

e) Items of Joint ownership other than apartment: write name of each item other than the apartment and attached area (if any) which the owner has the Joint ownership with other apartment owners under the signed apartment sale contract.

4. In case the property is other constructional works, indicate the contents under the following regulations:

a) Type of works: write the name of works as per the investment project or detailed constructional planning or investment license or building license approved by the competent authorities;

b) Detailed information on the works is indicated in the form of table as follows:

Works items	Constructional area (m2)	Floor area (m2) or capacity	Form of ownership	Works level	Duration of ownership

In which:

- Works items: write name of main items in the decision on project approval or detailed building plan approval, building license or investment decision or investment license from the competent authorities;

- Constructional area: specify the built-in area of the house at the contact location with the ground by the outer edge of wall of the house in Arabic numeral, in unit of square meter (m²) and rounded to one decimal;

- Floor area (or capacity) is written under the following regulations:

+ For works as house type: write as prescribed for house specified under Point c, Clause 2 of this Articles;

+ For other architectural works, write their capacity under the approved investment decision or investment project or investment certificate or investment license. Ex: “Thermal power plant: 3,000 MW, stadium: 20,000 seats ";

- Form of ownership: write “Separate ownership” if the works items are owned by one owner; write “Joint ownership” if the works items are owned by more than one owner; if the works items have separate and Joint ownership, write “Separate ownership”, “Joint ownership” in the next lower lines and write the area of Joint ownership and separate ownership in the respective lines in columns “Constructional area”, “Floor area or capacity”;

- Constructional works level: write under regulations oflaw on management of quality of constructional works;

- Duration of ownership of works is written under the following regulations:

+ Where the works are located on the land leased or borrowed from another land user, write the date, month and year of termination of duration of leasing or borrowing;

+ In case of works sale with definite time, write the date, month and year of termination under the works sale contract.

+ Other remaining cases without definite duration: write "-/-".\

c) Constructional works associated with the land specified in this Clause must be the type of works under the classification system of constructional works under regulations of law on construction.

5. Where the properties are production forests as grown forests, indicate the contents under the regulation as follows:

a) Type of forest: specify the main type of grown trees;

b) Area: specify the area with forest owned by the person issued with Certificate in Arabic numerals in square meter;

c) Origin of creation is indicated as follows:

- Where the forest is allotted by the State with fees, write “Allotted by the State with fees”;

- Where the forest is allotted by the State to households, individuals or residential community without fees, write ““Allotted by the State without fees”;

- Where the forest is grown by the request of issuance of Certificate by the capital without origin from State budget, write “Self-grown forest”;

- Where the forest has origins for each different area, indicate each type of origin and forest area as per each attached area;

d) Form of ownership: write “Separate ownership” if the forest is owned by one owner; write “Joint ownership” if the forest is owned by more than one owner; if the forest has an area of separate ownership and an area of joint ownership, write “Separate ownership…m²; joint ownership…m²”;,

dd) Duration of ownership: to be indicated for case of forest sale with definite duration or the forest owner grows it on the land leased or borrowed from another land user; information indicated is date, month and year of termination of duration of sale, leasing or borrowing. The remaining cases without definite duration: write "-/-".

6. Where the properties are perennials, indicate the contents under regulation as follows:

a) Type of tree: write the type of grown perennial; in case of growing of various types of perennial, write the main types of grown perennial;

b) Area: write the area of grown perennials under the ownership of the person issued with Certificate in Arabic numerals in square meter;

c) Form of ownership: write “Separate ownership” if the perennial garden is owned by one owner; write “Joint ownership” if the perennial garden is owned by more than one owner; if there is a part of area of separate ownership and a part of area of joint ownership, write “Separate ownership… m²; joint ownership… m²";

d) Duration of ownership: to be indicated for case of perennial sale with definite duration or the perennial owner grows them on the land leased or borrowed from another land user; information indicated is date, month and year of termination of duration of sale, leasing or borrowing. The remaining cases without definite duration: write "-/-".

7. Where an apartment building is owned by one owner, issue 01 Certificate for the whole apartment building and write as prescribed in Clause 2 of this Article, in which the type of residential house is indicated as “Apartment building”.

Where an apartment building has various purposes, a part of which is residential apartments and a part is for purpose of commerce, services, working office owned by one owner, issue one Certificate for the whole complex and write under the provisions in Clause 4 of this Article.

Where a part of apartment building (a number of apartments, working offices, commercial and service establishments) owned by one owner, indicate the type of property as “Complex”; next specify name of apartment building and detailed information on each apartment, working offices and commercial and service establishments in the following table:

Type of property and number	Floor area (m2)	Form of ownership	Duration of ownership

8. Where the land parcel has house, constructional works, perennial garden of the same owner, in which the house and constructional works include various items, indicate specific contents for each property as prescribed in Clause 2, 4 and 6 of this Article in the following table

Type of property	Built-in area (m2)	Floor area (m2) or capacity	Form of ownership	Grade/class	Duration of ownership

If the properties are perennials, in columns “Floor area or capacity”, “Grade/class”, write "-/-".

Where it is impossible to indicate all properties in page 2 of the Certificate, issue another Certificate to indicate all remaining properties; from the second Certificate onwards, the detailed information on the land parcel is not specified as in the first Certificate but at point “1. Land parcel” write “Information on the land lot with use right indicated in Certificate with serial No….(specify the serial number of the first Certificate)”.

9. Where at the time of issuance of Certificate, the land parcel has no property associated with the land or has property associated with the land but the land user (is also the property owner) has no need for certification of property ownership or ownership of property associated with the land owned by another person or the land user requests the certification of ownership of property but there is not adequate condition for certification, at the point concerning the property associated with the land in page 2 of the Certificate, write "-/-". Ex:

"2. Residential house: 3. Other constructional works: 4. Production forest as grown forest: 5. Perennial:

-/- -/- -/- -/-".

Article 8. Recording the contents of Certificate in case the land parcel has an area of land and properties associated with the land owned by many persons and owned by each person without split into separate land parcel

1. Where a person has a separate use right to a part of area of land parcel and a part of properties associated with the land and has a joint ownership to a part of area of land lot and a part of properties associated with the land, the Certificate issued to such person shall be recorded as follows:

a) Information on the person issued with Certificate is written in page 1 of the Certificate under the provisions in Clause 1, Article 5 of this Circular;

b) Information on the land parcel and properties associated with the land is written in page 2 of the Certificate under the provisions in Article 6 and the Clauses 1, 2, 3, 4, 5, 6   , Article 7 of this Circular, in which:

- Area of usable land: specify the total land area which the person issued with Certificate has a right to separate and joint use with other persons. For the form of land use, write the land area of separate use in the section of separate use and the land area of joint use in the section of joint use.

- Area of property (including the constructional area and floor area): specify the total area of property of which the person issued with Certificate has a separate and joint ownership with others. For the form of land use, write each form and area of separate and joint ownership as stipulated under Point d, Clause 2, Point d, Clause 3, Point b, Clause 4, Point d, Clause 5 and Point c, Clause 6, Article 7 of this Circular.

Where the properties associated with the land include different types and items, including part of separate and joint ownership, make a table as stipulated in Clause 8, Article 7 of this Circular to list information on each property or each property item as in the example below:

Type of property	Built-in area (m2)	Floor area (m2) or capacity	Form of ownership	Grade/class	Duration of ownership
House	100	100 150	Separate Joint	3	-/- -/-
Store	25	25	Joint	4	-/-
Perennial	500	-/-	Joint	-/-	-/-

c) In the Note of page 2 of the Certificate, write the name of joint users for each part of land area of joint use; name of persons of joint ownership for each part of area of property associated with the joint land. Ex: “Use of joint land (area: 30m²) with Mr. Nguyen Van B and Mrs. Nguyen Thi C”; Use of joint land (area: 30m²) and joint ownership of storage (area: 20m² of floor) with Mr Nguyen Van B and Mrs. Nguyen Thi C

2. Where a person has a joint use right to a part of area of land parcel and has a joint ownership to a part of properties associated with the land without use right of separate land and ownership of separate property, the Certificate issued to such person shall be recorded as stipulated in Article 5, 6 and Clauses 1, 2, 3, 4, 5, 6 Article 7 of this Circular and under the following provisions:

a) Area of usable land: only write the part of land area of which the person issued with Certificate has the right to joint use with others in the form of joint use;

b) Area of property (including constructional area and floor area): only write the property area of which the person issued with Certificate has the right to joint use with others in the form of joint use;

Article 9. Recording the contents of Certificate in case the properties associated with the land are located on land parcels of many users

1. Where the properties associated with the land are located on land parcels under the use right of many users who are the joint owners of the properties associated with the land, the Certificate shall be issued to each land user and is recorded as follows:

a) Information on the person issued with Certificate is recorded as stipulated in Clause 1, Article 5 of this Circular;

b) Information on the land parcel of the person issued with Certificate is recorded as stipulated in Article 6 of this Circular;

c) Information on all properties located on adjacent land parcels of which the person issued with Certificate has the joint ownership with others is recorded as stipuated in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Circular, in which the area of properties associated with the land is recorded in the form of joint ownership.

In the Note of page 2 of the Certificate, write “Joint ownership….(specify the type of property of joint ownership) with….(specify the name of other persons jointly owning the properties)”.

2. Where the properties associated with the land are located on land parcels under the land use right of different persons but the properties are located on such land lots owned by other persons, the Certificate issued to the land user is recorded as follows:

a) Write the information on the land user and information on the land parcel of such person in the Certificate as stipulated in Clause 1, Article 5 and 6 of this Circular; the information on the properties associated with the land is recorded with "-/-";

b) Write the information on the property owner in the Cetificate issued to the property owner as stipulated under Point b, Clause 2, Article 5 of this Circular.

The information on the land parcel leased (or borrowed,…) is recorded as follows:

- Address of used land: indicate information on joint address of the land parcels, including the name of communal, district and provincial administrative units;

- Information on the land parcel such as land lot number, map number, area, purpose of use, duration of use, origin of use that are indicated as stipulated in Article 6 of this Circular in the following table:

Map number	Land parcel number	Area (m2)	Purpose of use	Duration of use	Origin of use

The information on all properties located on the adjacent land parcels under the ownership of the person issued with Certificate is recorded as stipulated in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Circular.

Article 10. Recording on the Certificate in case the land lot of a person used for one purpose is located on administrative units

1. Where the land lot is in the range of communal administrative units, each part of area in the range of each communal administrative unit is defined as a land parcel in order to record it in the Certificate.

2. Where the land lot is under authority to issue the Certificate of an organ, a Certificate shall be issued to indicate all land parcels as stipulated in Clause 1 of this Article as follows:

a) The information of each land parcel is recorded as stipulated in Article 6 of this Circular in the following table:

Map number	Land parcel number	Address	Area (m2)	Form of use	Purpose of use	Duration of use	Origin of use

b) Information on properties associated with the land is indicated as stipulated in Article 7 of this Circular in the following table:

Type of property	Built-in area (m2)	Floor area(m2) or capacity	Form of ownership	Grade/class	Duration of ownership

In this table, in column “Type of property”, there should be the address of where the property is located (at commune….)”; if the property item is located on more than 01 communal administrative unit, each part of area of property located on each communal administrative unit must be identified and indicated.

3. Where the land lot is located on more than one communal administrative unit under the authority to issue the Certificate of different organs, each land parcel is recorded in a separate Certificate and the information on the land parcel and property associated with the land is indicated as stipulated in Article 6 and Article 7 of this Circular.

Article 11. Recording the contents in the Note of Certificate

1. Where in the decision on land allotment, leasing, conversion of land use purpose, renewal of land use, contract or written receipt of transfer of land use right and other papers on land use right under regulations of law on land; papers on ownership of property associated with the land specified in Article 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP with the contents of limitation of land use right and the ownership of properties associated with the land, such contents of limitation shall be recorded based on such papers.

2. Where the land parcel or a part of land parcel is in the safety corridor of works announced and set up landmark, write “The land parcel is in the safety corridor of works…(specifiy name of works with safety corridor)”, or write “The land parcel has …. m² of land located in the safety corridor of works…” in case a part of land parcel is located in the safety corridor of works.

3. Where there is no cadastral map, write “The number and area of land parcel have not been identified as per cadastral map”.

4. The contents noted in other cases are recorded under the provisions in Clause 3, Article 5, Point c, Clause 6, Article 6, Point c, Clause 1, Article 8, Point c, Clause 1, Article 9 and Article 13 of this Circular.

Article 12. Outline of land parcel, house and other properties associated with land in the Certificate

1. The outline of land parcel is recorded under the following regulations:

a) The outline of land parcel is indicated with information, including:

- Shape of land parcel length of its sides;

- Land parcel number or name of adjacent works, North – South direction instruction;

- Building line and landmark of land use planning, building line and landmark of safety corridor of works on the land parcel issued with Certificate are indicated with broken line interspersed with dotted line and note of building line and landmark;

- Where the land parcel is consolidated from other land parcels with different origin and duration of use or with a part of land of separate use of one person and a part of land of joint use of more than one person, the boundary between parts of land is indicated with broken line interspersed with dotted line and note of purpose of such boundary.

Where the land has apartment building and the land area of joint use of apartment owners is a part of area of the land parcel, the range of boundary of part of land jointly used must be indicated.

b) Cases without record on the outline are:

- Issue of one joint Certificate for more than one agricultural land parcels;

- Land for works construction in line. Ex: “Traffic road, electricity path and water path of investment organization in the form of BOT”.

2. The outline of house and other properties associated with the land is indicated under the following regulations:

a) The outline of house and other properties associated with the land is indicated with continuous broken line on the outline of land parcel at the corresponding location on the field; in case the boundary of house and other properties associated with the land is overlapped with the boundary of land parcel, indicate the outline as the boundary of land parcel;

b) Outline of house (except for apartment building) and constructional works indicates the range of constructional boundary (as the built-in range at the contact location with the ground by the outer edge of wall) of house or constructional works.

c) In case of apartment building, indicate the floor outline of apartment in which the location, shape of floor based on the exterior wall of apartment (Do not indicate each room in the apartment), symbol (arrow) for door and size of apartment sides.

d) In case of additional certification or change of properties associated with the land in the Certificate, indicate the addition or adjustment of property outline accordingly with the seal of the land registration office, branch of land registration office or land use right registration office. In case of certification of addition or change of properties associated with the land but failure to add or adjust the property outline in page 3 of the Certificate, make record in the additional Page of Certificate or issue a new Certificate upon the request of the land user or property owner.

3. The size of outline recorded on the Certificate is based on the size and area of each land parcel and the properties associated with the land for suitable record.

Where the land parcel and the properties associated with the land has a greater area or complex shape with a lot of works items and it is impossible to record all outline in a part of page 3. In this case, use the whole page 3 to record it accordingly.

The form and contents of the outline of land parcel and the properties associated with the land are specifically instructed in the Annex 02 issued with this Circular.

Article 13. Recording the contents of debt, reduction and exemption from financial obligations

1. The debt, reduction and exemption from financial obligations are indicated in the Note of page 2 of the Certificate; the certification of cancellation of debt of financial obligations is recorded in section “IV. Changes after issuance of Certificate” of the Certificate.

Where the debt, reduction and exemption from financial obligations cannot be recorded in the Note, then write in section “IV. Changes after issuance of Certificate” of the Certificate” of the Certificate; the land registration office, branch of land registration office or land use right registration office shall write the date, month and year, sign and specify the full name and position of the signer in the column “Certification of the competent authorities”.

2. The contents of debt, reduction and exemption from financial obligation are recorded as follows:

a) In case of debt of financial obligation upon issuance of Certificate with the debt amount defined under regulations of law, write “Debt…(specify the debt of financial obligation, debt amount in figure and letter) according to…..(specify name, number, signing date and organ signing the paper showing the debt amount)”.

In case of recording the debt of financial obligation upon issuance of Certificate without defining the debt amount under regulation of law, write “Debt….(specify the debt of financial obligation)”;

b) In case of debt cancellation, write “Debt is cancelled….(specify the cancelled debt of financial obligation) according to….(specify name, number, signing date and organ signing the document of debt cancellation)”.

In case of making full payment of financial obligation, write “Fulfilled financial obligation according to…(specify name, number, signing date and organ signing the voucher of payment of financial obligation”;

c) Where the State allots land with land use fees but allows the exemption from payment of land use fees, write “Exempted from land use fees according to….(specify name, number, signing date and organ signing the document confirming the payment exemption)”.

In case of reduction in land use fees, write “Land use fees reduced:….(specify the reduced amount or the percentage) according to….(specify name, number, signing date and organ signing the document confirming the reduction)”;

d) In case of land leased from the State but exempted from land leasing fees for the whole duration of leasing, write “Exempted from land leasing fees according to…(specify name, number, signing date and organ signing the document confirming the exemption)”;

In case of reduction in land leasing fees, write “Land leasing fees reduced:…(specify the reduced amount or the percentage and the number of year of reduction if any) according to…(specify name, number, signing date and organ signing the document confirming the reduction)”

Article 14. Part of signing of Certificate and recording of number in the Certificate issuing book

1. Specifying the contents of part of signing of Certificate as follows:

a) Specify the name of place where the Certificate is issued and date, month and year of signing of Certificate;

b) Where the organ issuing Certificate is the district or provincial People’s Committee, write as follows:

FOR THE PEOPLE’S COMMITTEE…..(Specify the name of competent administrative unit issuing Certificate)

CHAIRMAN

Signature and seal of the People’s Committee and full name of the signer;

c) Where the Department of Natural Resources and Environment is authorized by the provincial People's Committee to sign the Certificate, write as follows:

FOR THE PEOPLE’S COMMITTEE…..(Specify the name of administrative unit)

BY ORDER OF CHAIRMAN

DIRECTOR OF DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Signature and seal of the Department of Natural Resources and Environment and full name of the signer;

d) the Department of Natural Resources and Environment signs the Certificate under its authority, write as follows:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT…(Specify name of provincial administrative unit)

DIRECTOR

Signature and seal of the Department of Natural Resources and Environment

2. The number recorded in the Certificate issuing book is written in letter and figure (as the ordinal number recorded in the Certificate issuing book) as follows:

a) For the Certificate issued by district People’s Committee, write “CH”, next, write the ordinal number in the Certificate issuing book, including 5 digits and the ordinal number of Certificate issued according to Circular No. 17/2009/TT-BTNMT dated 21 October 2009 of the Minister of Natural Resources and Environment concerning the Certificate of land use right, ownership of house and other properties associated with land (referred to as Circular No. 17/2009/TT-BTNMT);

b) For the Certificate issued by provincial People’s Committee or Department of Natural Resources and Environment, write “CT”, next write the ordinal number in the Certificate issuing book including 5 digits established as per each provincial administrative unit and the ordinal number of Certificate issued according to Circular No. 17/2009/TT-BTNMT.

Where the Certificate is issued by the Department of Natural Resources and Environment to household, individual, residential area or oversea Vietnamese entitled to own their houses in Vietnam, write “CS”, next write the ordinal number in the Certificate issuing book including 5 digits established as per each communal administrative unit and the system of ordinal numbers in the Certificate issuing book in case of issuance from the district People’s Committee as prescribed under Point a of this Clause.

Article 15. Barcode of Certificate

1. The barcode is printed at the end of page 4 upon issuance of Certificate.

2. The barcode is used to manage and look up information on Certificate and dossier of Certificate issuance; the content of barcode is the positive integers with structure as MV = MX.MN.ST, in which:

a) MX is the code of communal administrative unit where the land parcel is located and is stipulated under the decision of the Prime Minister on the list and code of Vietnam’s administrative units; in case of issuing Certificate to the land lot located on more than one communal administrative unit, write the code of the commune with the largest area.

In case of issuing Certificate under the authority of provincial People’s Committee, write the code of the province or centrally-run city under regulation before the code of commune, ward or town where the land lot is located.

b) MN is the code of year of Certificate issuance, including last 2 digits of the signing year of Certificate;

c) ST is the archiving ordinal number of land registration dossier and procedures similar to the Certificate first issued under regulations on cadastral dossier of the Ministry of Natural Resources and Environment.

Where there is not adequate space for record in a Certificate for a registration dossier and must record in many Certificates for issuance as stipulated under Point c, Clause 9, Article 6 and Clause 8, Article 7 of this Circular, such Certificates shall be recorded with the same archiving ordinal number of such dossier.

Article 16. Form and size of letter written in the Certificate

1. The form and size of letter written in the Certificate is done as follows:

a) Number, name of items and point are printed in font 'Times New Roman, Bold' with size “13”; and printed in italic letter and digit for points.

b) The content of information of section I, II, III, IV in the Certificate is printed in font 'Times New Roman, Regular', size of at least “12” and printed in “Bold” font and the size of at least “13” for the name of land user or owner of properties associated with the land in section I

2. The color of letters digits recorded in the Certificate is black color.

Chapter IV

CERTIFICATION OF CHANGE IN CERTIFICATE AND DUPLICATION AND SCANNING OF CERTIFICATE

Article 17. Cases of certification of change in the issued Certificate upon registration of change of land and properties associated to the land

1. The cases of certification of change in the issued Certificate to be delivered to the land user or owner of properties associated to the land upon registration of change of land and properties associated to the land include:

a) Receiving the use right of all area of land, the ownership of all properties associated to the land whose Certificate has been issued in cases of conversion, transfer, inheritance, donation, capital contribution, successful reconciliation on land dispute recognized by the competent People’s Committee; agreement in mortgage contract for debt settlement; administrative decision of the competent state authorities on settlement of land dispute, complaint or denunciation concerning land, decision or judgment of the People’s Court, effective judgment enforcement decision of the enforcement organ; written recognition of result of auction winning of land use right in accordance with regulation of law;

b) Transfering the use right of a part of area of land parcel, a part of properties associated with the land whose Certificate has been issued to others in the cases specified under Point a of this Clause or transferring the use right of one or a number of land parcel among the land parcels issued with a joint Certificate, the transferor is entitled to certifying in the issued Certificate.

c) Transferring the land use right, ownership of house and other properties associated with the land of husband or wife into the joint land use right or joint ownership of properties of spouse.

d) Registering the mortgage and de-registering mortgage, registering the change of content of mortgage by the land use right or the properties associated with the land which has been form or shall be formed in the future.

dd) Investors who are allotted land or lease land from the State to invest in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks register the land leasing or sub-leasing, cancellation of registration of land leasing or sub-leasing;

e) Househholds and individuals that establish private enterprises or vice versa; transform their companies, split, separate, merge or consolidate enterprises not subject to the case of transfer of land use right or ownership of properties associated with land;

g) Land users or owners of properties associated with land are allowed to change name and personal and legal information and address;

h) Reduction in area of land parcel due to natural landslide;

i) Change of limited right of land user or owners of properties associated with land;

k) Change of financial obligations recorded in the Certificate;

l) Change of properties associated with land recorded in the Certificate; certification of addition of properties associated with land in the issued Certificate;

m) Change of information on the number of land parcel; area of land parcel from measurement; name of administrative unit where the land parcel is located;

n) Transfer of purpose of land use;

o) Change of duration of land use;

p) Transfer from the form in which the State leases land with annual land use fees to the form of land leasing with one time payment for the whole duration of leasing; from the form in which the State allots land without land use fees to the form of land leasing; from land leasing to land allotment with land use fees under regulations of law on land;

q) Confirmation, change or termination of limited use right of adjacent land parcel;

r) The State recovers a part of area of land parcel which has been issued with Certificate;

s) Correction of contents in the issued Certificate due to mistake during writing or printing;

t) Certificate has been issued jointly for many land parcels and there is a land parcel separated for issuance of separate Certificate.

2. Cases of registration of change issued with Certificate of land use right, ownership of house and other properties associated with the land include:

a) Consolidation of land parcels into a new land parcel; splitting of a land parcel into new land parcels in accordance with regulations of law;

b) Transfer of use purpose of a part of land parcel with permission from the competent authorities;

c) Person leasing or sub-leasing the land use right of investors who are allotted land or lease land for investment in construction of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks;

d) Case of receiving the transfer of use right of a part of land area or properties associated with land in the issued Certificate in any form specified under Point a of this Clause;

dd) Agreement upon consolidation or division of land use right or properties associated with land of households, spouse or group of people of joint ownership or use.

e) Certification of addition of ownership of properties associated with land on the land parcel which has been issued with Certificate;

g) Change of all information on the land parcel from the measurement and making of cadastral map;

h) The issued Certificate is damaged or lost;

i) Cases of registration of change in land use right or ownership of properties associated with land but there is not adequate space for certification of change in page 4 of the Certificate;

k) Cases of registration of change in land use right or ownership of properties associated with land specified under Points a, b, e, g, h, l, m, n and r, Clause 1 of this Article and the land user or owner of properties associated with land has a need for issuance of new Certificate.

Article 18. Content of certified change in the issued Certificate

The content of certified change is recorded in the column “Content of change and legal ground” in the Certificate in the following cases:

1. Transfer of land use right or ownership of properties associated with land is recorded under the following provisions:

a) In case of transfer of use right of all area of land, transfer of ownership of properties associated with land by one of the forms specified under Point a, Clause 1, Article 17 of this Circular, write: form (or ground) of right transfer; name and address of right receiver as stipulated in Article 5 of this Circular (referred to as name and address of right receiver); code of dossier and procedures for registration of land or properties associated with land in accordance with regulations on cadastral dossier of the Ministry of Natural Resources and Environment (referred to as code of registration dossier and procedures).

Ex: “Transferring to Mr Nguyen Van A, ID No. 020908673 and his wife, Mrs Nguyen Thi B, ID No. 020908675, address: 65 Giai Phong st, Phuong Mai ward, Dong Da dist, Hanoi; based on dossier No. 010656.CN.001";

- “Passing inheritance to Mr Tran Van C, ID No. 020908683 and his wife, Mrs Nguyen Thi D, ID No. 020908685, address: 65 Giai Phong st, Phuong Mai ward, Dong Da dist, Hanoi; based on dossier No. 010656.CN.001";

- “Transfer of right under the agreement in the mortgage contract for debt settlement for Mr Nguyen Van A, ID No. 020908673 and his wife, Mrs Nguyen Thi B, ID No. 020908675, address: 65 Giai Phong st, Phuong Mai ward, Dong Da dist, Hanoi; based on dossier No. 010656.CQ.003";

b) In case of transferring the use right of a part of area of land parcel or a part of properties associated with land in cases specified under Point b, Clause 1, Article 17 of this Circular, in the Certificate of the transferring party, write: form (or reason) of right transfer; type of property, name and address of receiving party; area of right transfer and number of land parcel after splitting for right transfer; code of registration dossier and procedures; remaining area and number of land parcel after splitting without right transfer.

Ex: “Transfer of land use right to Mr Nguyen Van A, ID No. 020908673, address: 65 Giai Phong st, Phuong Mai ward, Dong Da dist, Hanoi, area: 70m², land parcel No. 203; based on dossier No. 010678.CN.001; remaining area 150m², land parcel No. 204";

c) Where the Certificate has been issued to many land parcels but the land user has transferred the use right of one or a number of land parcels, in the Certificate of the transferring party, write: form (or reason) of right transfer; transferred land parcel number; name and address of the receiving party; code of registration dossier and procedures;

2. Where the investor builds the apartment building for sale or sale in combination with leasing and is issued with Certificate of land use right, when performing the procedures for right transfer to the first apartment buyer, the Certificate issued to the investor is recorded “The land parcel has transferred to the form of joint use”; where the land parcel used for apartment building has a part of area under the joint use of apartment buyer and a part under the use right of the investor as prescribed by law, it is required to measure and split into separate land parcels to be issued with Certificate.

Where the ownership of apartments has been certified in the Certificate of the investor, when the investor transfers the ownership of apartment, in the Certificate of the investor, write “Sold apartment No…. based on dossier No…(specify code of registration dossier and procedures)”.

3. In case of cancellation of registration of capital contribution with the land use right or properties associated with land, write “Cancelled the content of capital contribution on …/.../...(specify date of previous registration of capital contribution); based on dossier No……(specify code of registration dossier and procedures)”.

4. In case of transfer of land use right, ownership of house and other properties associated with land of a husband or wife to the spouse, write “Transfer of…(specify type of transferred property) of…(specify name of wife or husband making transfer) to the joint ownership of Mr….and his wife, Mrs….(specify name and address of spouse) based on dossier No…..(specify code of registration dossier and procedures)”.

5. In case of registration of mortgage, de-registration of mortgage or registration of change of content of mortgage with land use right or properties associated with land, write as follows:

a) In case of mortgage with land use right or properties associated with land, write “Mortgage with…(write name of mortgage as the land use right or properties associated with land or the land use right and properties associated with land or the properties associated with land to be formed in the future) at…(write name and address of mortgage receiver) based on dossier No….…..(specify code of registration dossier and procedures)”.

b) In case of change of mortgage content with the land use right and the properties associated with land, write “Content of mortgage registration on.../.../...has changes….(specify the content of mortgage before and after change) based on dossier No….…..(specify code of registration dossier and procedures)”.

c) In case of cancellation of mortgage registration with the land use right and the properties associated with land to be formed in the future, write “Cancellation of content of mortgage registration on …/.../... (specify date of previous mortgage registration) based on dossier No….…..(specify code of registration dossier and procedures)”.

6. Where the investor makes investment in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks for land leasing and sub-leasing, in the Certificate of such investor, write “Leasing….(specify name and address of leasing or sub-leasing party) a land parcel (or land lot) No….area… m²; based on dossier No….…..(specify code of registration dossier and procedures)”.

In case of termination of land leasing or sub-leasing, the Certificate issued to the land leasing party shall be revoked; in the Certificate of enterprise investing in infrastructure, write: “ Cancelled registration of leasing or sub-leasing of land use right on…/.../... based on dossier No….…..(specify code of registration dossier and procedures)”.

7. Where the land user or owner of properties associated with land changes his/her name and personal and legal information and address, write “The land user (or owner of properties associated with land)….(specify the content of change: name, ID card, investment Certificate,….address) from….into …(specify information before and after change) based on dossier No….…..(specify code of registration dossier and procedures)”.

In case of transformation of households or individuals using land into the economic organization of such households or individuals or transformation of form of enterprise not subject to the case of transfer of land use right or ownership of properties associated with land, write “The land user (or owner of properties associated with land) changed the name to …(specify name and legal papers before and after transformation) by…(specify form of establishment or transformation of enterprise) based on dossier No….…..(specify code of registration dossier and procedures)”.

8. In case of change of area due to natural landslide of a part of land parcel, write “Natural landslide… m² based on dossier No….…..(specify code of registration dossier and procedures)”; in case of landslide of the whole area of the land parcel, write “Natural landslide of the whole land parcel No…. based on dossier No….…..(specify code of registration dossier and procedures)”.

9. In case of change of land parcel number, write “The land parcel number was changed due to….(specify reason); change of ordinal number of map pages, write “New number of map page is….due to….(specify reason); change of area of land parcel from the re-measurement, write “The area of land parcel after being re-measured is…. m²".

In case of change of administrative unit or adjustment of administrative boundary under the decision of the competent state organ, write “The name of commune (or ward, town, district…) was changed into…(specify new name of administrative unit)”;

10. In case of transfer of purpose of land use, write “The purpose of land use was transferred from land….to land…(specify the purpose of use before and after the transfer) under Decision No…, dated…/…/…, based on dossier No….…..(specify code of registration dossier and procedures)”.

11. In case of renewal of land use, write “Renewal of land use until…/…/…, based on dossier No….…..(specify code of registration dossier and procedures)”.

Where the agricultural land of households or individuals directly carry out the agricultural and forestry production and aquaculture and make salt and are allowed to continue using the land, write “Continue using the land until…/…/…".

12. In case of transfer from the form of land leasing to land allotment by the State with land use fees or from land leasing with annual land use fees to the land leasing with one time payment for the whole duration of leasing or from the form of allotment of land without land use fees to land leasing by the State, write “The form of land use was changed from….to…(specify form of land use before and after the transfer) from…/…/…, based on dossier No….…..(specify code of registration dossier and procedures)”.

13. In case of confirmation or change or termination of limited use right of adjacent land parcel, write as follows:

a) In case of confirmation of limited use right of adjacent land parcel, in the Certificate of the receiver of limited use right, write “Being entitled to….(specify the content of limited use right) on the land parcel No…based on…(specify the name of document confirming the limited use right) dated .../.../…".

In the Certificate of the transferer of limited use right, write “The user of land parcel No….is entitled to….(specify the content of limited use right) on the land parcel No….(specify the number of land parcel of the transferer of limited use right) based on…(specify the name of document confirming the limited use right) dated .../.../…".

b) In case of change of limited use right of the adjacent land parcel, in the Certificate of of the parties concerned, write “The limited use right of the adjacent land parcel registered on …/…/…has changes…(specify the content of change) based on…(specify the name of document confirming the change of limited use right) dated .../.../…".

c) In case of termination of limited use right of adjacent land parcel, in the Certificate of the transferer of limited use right, write “The limited use right of adjacent land parcel registered on…/…/…was terminated…(specify the content of change) based on…(specify the name of document confirming the change of limited use right) dated .../.../…".

14. In case of change of content of limited use right of land or properties associated with the land, in the Certificate, write “Limitation of….(specify the content of limitation with change) has changed…(specify the content of change or cancellation of such limitation) based on dossier No….…..(specify code of registration dossier and procedures)”.

15. In case of change or supplementation of properties associated with the land, write as follows:

a) in case of change of properties associated with the land recorded in the Certificate (such as change of use, area, form of ownership, duration of ownership,…), write….(name of property recorded in the Certificate with change) has changed…(specify content of information before and after the change) based on dossier No….…..(specify code of registration dossier and procedures)”.

b) In case of supplementation of property associated with the land, write “Certification of supplementation of ownership for….(specify each information on the property with certified supplementation as prescribed in Article 7 of this Circular)”.

16. Where the State recovers a part of area of land parcel issued with Certificate, in the issued Certificate, write “The State recovered…. m², the remaining area is ... m² with the land parcel number as…., the remaining properties associated with the land is….(write in case of certification of ownership of properties associated with the land) based on dossier No….…..(specify code of registration dossier and procedures)”.

Where the land user voluntarily donates a part of area of land parcel issued with Certificate for traffic road, irrigation or other public works, in the issued Certificate, write “Donated… m² for…(traffic road or irrigation or other public works) based on…(specify name and date of signing of document on land donation); remaining area…. m²".

17. In case of detection of mistake or confusion about the content of information specified in the Certificate, write “ The content….(specify content with mistake) has mistake and is corrected as….(specify the corrected information) as per the inspection record dated….of….”.

18. In case of land recovery or transfer of land use right or ownership of properties associated with the land or renewal of Certificate or other reasons with the recovery of issued Certificate, before archiving, specify the reasons for recovery and certify with seal of the land registration office, branch of land registration office or land use right registration office in page 1 of the Certificate.

Article 19. Organ certifying the change in the issued Certificate

1. The organs certify the change in the issued Certificate under the following provisions:

a) In case of change as prescribed in Clause 1, Article 17 of this Circular and not subject to the cases specified under Point b of this Clause, the land registration office or branch of land registration office shall certify under the authority defined by the provincial People’s Committee.

For localities without the establishment of land registration office, the land use right registration office shall continue the certification in the issued Certificate based on the functions and duties assigned before the effective date of this Circular.

b) The correction of mistake and in case of certification of supplementation of ownership of properties associated with the land in the issued Certificate shall be done by the organ having the authority to issue the Certificate as prescribed in Article 105 of the Land Law and Article 37 of Decree No. 43/2014/ND-CP.

2. The organ specified in Clause 1 of this Article shall record the date, month and yea; sign, seal and record full name and position of the signer in column “Certification of the competent authorities”.

Article 20. Pages of Certificate indicating the content of change certification

1. The page 3 and 4 of the Certificate are used to certify the change in cases specified in Clause 1, Article 17 of this Circular, except for cases specified in Clause 2 of this Article.

2. The additional page of the Certificate specified under Point dd, Clauase 1, Article 3 of this Circular is used to certify the changes in the following cases:

a) Registration of mortgage, change of registered contents or de-registration of mortgage with the land use right or ownership of properties associated with the land;

b) Leasing or sub-leasing of land or cancellation of leasing or sub-leasing of land of the enterprise investing in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones and high-tech parks;

c) Transfer of land use right or ownership of apartment building in case the enterprises invest in building residential houses for sale or sale combined with leasing with the issuance of joint Certificate for unsold apartment buildings.

d) Record of outline of properties associated with the land in cases specified under Point d, Clause 12 of this Circular.

3. When using the additional page of the Certificate, the ordinal number of this page must be recorded and jointly sealed with page 4 of the Certificate (the seal of the competent authorities specified in Article 19 of this Circular); write the note: “Attached to this Certificate is the additional Page No.:01,…” at the end of page 4 of the Certificate; write in the note column of the Certificate issuing Book the number of issued additional Page.

Article 21. Certification of change for types of Certificate issued in old form

The Certificate of land use right, Certificate of ownership of house and land use right, Certificate of house ownership and Certificate of ownership of constructional works that were issued before 10 December 2009 (the effective date of the Decree No. 88/2009/ND-CP dated 19 October 2009 of the Government on issuance of Certificate of land use right, ownership of house and properties associated with the land) but have changes in cases specified in Clause 1, Article 17 of this Circular shall be certified for such changes in the issued Certificate as stipulated in Articles 18, 19 and 20 of this Circular.

Article 22. Duplication and scanning of Certificate for archiving

Before delivering the Certificate to the grantee, the land registration office, branch of land registration office or land use right registration office must duplicate and scan such Certificate under the following provisions:

1. Certificates signed for issuance with certified changes are scanned to archive in the database of land.

2. For localities without database of land, duplicate one copy (in the form of certified copy with the seal of the land registration office, branch of land registration office or land use right registration office for archiving in cadastral records.

3. Where the Certificate has certified contents or certification of change of house ownership, constructional works, production forest as grown forest but the locality has not developed the database of land to be connected with the local state management organs on construction, housing and agriculture, make an additional copy as stipulated in Clause 2 of this Article to be sent to the state management organs for the type of property issued with Certificate for management.

Article 23. Publicity of the case where oversea Vietnamese and foreign individuals entitled to owning a house in Vietnam

1. The land registration office or land use right registration office shall make a list of oversea Vietnamese and foreign individuals who have bought houses associated with the residential land use right issued with Certificate according to the Annex 01 attached to this Circular and send it to the Ministry of Construction and the Ministry of Natural Resources and Environment during 05 working days from the date of handover of Certificate to the grantees.

2. The General Department of Land Administration shall summarize and publicize the list of oversea Vietnamese and foreign individuals and organizations entitled to owning house in Vietnam on the website of the Ministry of Natural Resources and Environment.

3. The land registration office and the branches of land use right registration office and other organs concerned, when performing the notary procedures, contract certification or documents of transfer of house ownership and issuing Certificate to the receivers of house ownership who are the oversea Vietnamese and foreign individuals entitled to owning a house in Vietname, must look up information about the house ownership of such persons on the website of the Ministry of Natural Resources and Environment.

Chapter V

IMPLEMENTATION PROVISION

Article 24. Effect and transitional provision

1. This Circular take effect from 05 July 2014.

2. This Circular replaces the Circulars: Circular No. 17/2009/TT-BTNMT; Circular No. 20/2010/TT-BTNMT dated 22 October 2010 of the Minister of Natural Resources and Environment stipulating the supplementation of Certificate of land use right, ownership of house and other properties associated with the land; Circular No. 16/2011/TT-BTNMT dated 20 May 2001 of the Minister of Natural Resources and Environment stipulating the adjustment and supplementation of some contents related to the administrative procedures concerning the field of land.

3. The Certificate draft issued under the provisions in Circular No. 17/2009/TT-BTNMT continues to be used to record the contents as prescribed by this Circular.

4. In case of fully submitting dossier of registration of land and properties associated with the land, issuing valid Certificate, printing and writing in the Certificate before the effective date of this Circular, the provisions in Circular No. 17/2009/TT-BTNMT shall continue to be applied. In case of not yet printing or writing Certificate, the provisions in this Circular must be applied.

5. The issuance of Certificate in case of land allotment beyond the authority specified in Article 23 of Decree No. 43/2014/ND-CP is considered and determined for each specific case after clarification and responsibility handling to the land allotter beyond the authority as prescribed by law. Only issuing Certificate to the case of stable use of land without any dispute, in accordance with land use planning, detailed planning of urban construction or constructional planning of rural residential point and new rural planning approved the competent state authorities and fulfillment of financial obligations as prescribed by law; in case of land allotment for residential house, the Certificate is issued only to the households and individuals that have built their houses and have no other shelter.

Article 25. Responsibility for implementation

1. The General Department of Land Administration is responsible for inspecting the implementation of this Circular.

2. The People’s Committees of provinces and centrally-run cities shall disseminate, direct and implement this Circular.

3. The Departments of Natural Resources and Environment shall deploy the implementation of this Circular at localities.

Any difficulty or problem arising during the implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment for review and settlement./.

 

FOR THE MINISTER DEPUTY MINISTER Nguyen Manh Hien