Chương II Thông tư 30/2014/TT-BTNMT: Hồ sơ giao đất, cho thuê đất, chuyển mục đích sử dụng đất

Chapter II

APPLICATIONS FOR LAND ALLOCATION, LEASE, REPURPOSING AND EXPROPRIATION

Article 3. Applications for land allocation and land lease without holding auctions of land use rights under management of People’s Committees of provinces/central-affiliated cities

1. An applicant for land allocation or land lease shall submit a set of application if the project is subject to approval by a competent authority or must obtain a certificate of investment, including:

a) A completed application form for land allocation or land lease provided in the specimen No. 1 attached hereto;

b) A copy of the certificate of investment or a written approval together with notes of the project.

If applying for land allocation to use for the purposes of national security, the applicant shall not enclose the copy of notes of investment but shall submit a copy of the decision on investment in national security construction works made by the competent state authority, which includes contents related to the land use or the approval of the operating location planning of the Ministry of National Defense and the Ministry of Public Security.

If the land is used for mineral extraction, the applicant shall obtain a license granted by a competent state authority.

c) A written assessment of the demand for land use; assessment of requirements for land allocation or lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law (hereinafter referred to as “Decree No. 43/2014/ND-CP”) that has been made together with the issuance of the certificate of investment or assessment of investment project or approval of the project;

d) An extracted cadastral map or extracted cadastral survey of the piece of land.

The natural resource and environmental authority shall provide the extracted cadastral map of the piece of land for the places where cadastral maps or cadastral surveys have been made at the request of the applicant.

2. The applicant shall submit a set of application if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment; or the plan for construction project is not required, including:

a) The documents specified in Point a and Point d Clause 1 this Article;

b) A copy of the notes of the investment project if the project is not subject to approval by a competent authority or the project is exempted from the certificate of investment;

c) A copy of the technical-economic report if the plan for construction project is not required.

In case of applying for land allocated to the religious institution, the applicant shall make a technical-economic report on the construction of such religious institution.

3. An application submitted to the People’s Committee of province/central-affiliated city (hereinafter referred to as “People’s Committee of province”) for issuance of the decision on land allocation or land lease made by the Department of Natural Resources and Environment of province shall include:

a) The documents specified in Clause 1 and Clause 2 this Article.

In the cases where the project uses land for rice cultivation, forest protection or special-use forest for other purposes that are not granted permission to invest or approval to invest by the Prime Minister, the applicant shall obtain a written permission for land repurposing granted by the Prime Minister or a relevant resolution granted by the People’s Council of province prescribed in Clause 1 Article 58 of the Land Law and Clause 2 Article 68 of the Decree No. 43/2014/ND-CP.

Where the project having direct investments given by a foreign investor either on an island, in a bordering or coastal commune/ward/townlet that is not granted approval to invest by the National Assembly or the Prime Minister, the applicant shall obtain a written approval granted by the Ministry of National Defense, the Ministry of Public Security or the Ministry of Foreign Affairs stipulated in Clause 2 Article 58 of the Land Law and Article 13 of the Decree No. 43/2014/ND-CP;

b) A written assessment of demand for land use; assessment of requirements for land allocation or land lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment; or plan for construction project is not required;

c) A written request and a draft of the decision on land allocation (specimen No. 2) or land lease (specimen No. 3) attached hereto.

Article 4. Applications for land allocation and land lease without holding auctions of land use rights under management of People’s Committees of districts/towns/provincial cities

1. The applicant shall submit a set of application including the documents stated in Point a and Point d Clause 1 Article 3 herein;

2. An application submitted to the People’s Committee of district/town/provincial city (hereinafter referred to as “People’s Committee of district”) for issuance of the decision on land allocation or land lease made by the Department of Natural Resources and Environment of district shall include:

a) The documents specified in Clause 1 this Article;

b) A written assessment of demand for land use; assessment of requirements for land allocation or land lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP;

c) A written request and a draft of the decision on land allocation (specimen No. 2) or land lease (specimen No. 3) attached hereto.

Article 5. Applications for issuance of decisions on cancellation of final bids of land use rights in case of land allocation or lease through auctions of land use rights

An application submitted to the competent People’s Committee shall consist of:

1. A decision on accreditation of the final bid of land use rights.

2. A report given by the natural resource and environmental authority when the bid winner fails to pay full amount of money.

3. A written request and a draft of the decision on cancellation of the final bid of land use rights.

Article 6. Applications for repurposing of land

1. The applicant shall submit a set of application if land repurposing is subject to approval by a competent state authority, including:

a) A completed application form for repurposing of land provided in the specimen No. 1 attached hereto;

b) Either of the certificate of land use rights, certificate of house ownership and land use rights or the certificate of land use rights, house ownership and other property pertaining to land.

2. An application for repurposing of land submitted to the competent People’s Committee shall consist of:

a) The documents specified in Clause 1 this Article;

b) An on-site inspection record;

c) A copy of the notes of investment project if the project is not subject to approval by a competent authority or exempted from the certificate of investment; copy of the technical-economic report made by an organization using land if the plan for construction project is not required; the written assessment of demand for land use; or assessment of requirements for repurposing of land stipulated in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP that has been made when granting the certificate of investment, carrying out assessment of the investment project or considering approving of the project if it is required to be submitted to the competent state authority for approval or the project must obtain the certificate of investment;

d) A written assessment of demand for land use or assessment of requirements for repurposing of land specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment and the plan for construction project is not required.

If a household or an individual applies for land repurposing from agricultural purposes to commercial purposes with the area of 0.5 ha or over, the applicant shall send an additional written approval made by the People’s Committee of province according to provisions of Point a Clause 2 Article 59 of the Land Law;

dd) The extracted cadastral map or extracted cadastral survey of the piece of land;

e) A written request and a draft of the decision on repurposing of land provided in the specimen No. 5 attached hereto.

Article 7. Written assessments of demand for land use; assessments of requirements for land allocation, lease or repurposing

1. The written assessment of demand for land use; assessment of requirements for land allocation, lease or repurposing prescribed in Articles 3, 4 and 6 herein shall be made on the basis of the application for land allocation, lease or repurposing and comments received from an assessment meeting or written comments made by relevant authorities or entities or results of field surveys.

2. Contents of the written assessment of demand for land use:

a) Assessment on the compliance of the plan for using land with that approved by the competent state authority;

b) Assessment on the compliance of the specialized planning approved by the competent state authority related to the project (if any);

c) Assessment of requirements for land use of the project as specified in regulations on criteria and norms for land use. If there is no regulation on criteria and norms for land use imposed upon the project, the assessment authority shall rely on the scale and nature of the project and the possibility to meet the land fund of the local area to carry out the assessment;

d) Assessment on the possibility of land use to ensure effectiveness through carrying out assessment on the capacity to execute the project of the investor; environmental impact of land use; compliance with the technical or social infrastructure; coefficients, construction density, height, depth in the ground for the construction project; impact on the national security (if any);

dd) Requirements for the area and purposes of land use and possibility to meet the local land fund if the plan for investment project is not required.

3. Contents of the written assessment of requirements for land allocation, lease or repurposing specified in Clause 3 Article 58 of the Land Law shall consist of:

a) Identification of the type of the investment project and subjects that must satisfy requirements for land allocation, lease or repurposing;

b) Assessment on possibility to meet requirements for the deposit and financial capacity to ensure that the land shall be used on schedule, requirements for not violating against regulations of law on land while using the land allocated or leased out by the State to execute another project.

Article 8. Documents about on-site land transfer

Documents about on-site land transfer include:

1. A record on land allocation provided in the specimen No. 6 attached hereto;

2. A record on the transfer of the certificate of land use rights, house ownership and other property pertaining to land (if any).