Chương II Thông tư 33/2017/TT-BTNMT: Quy định chi tiết một số điều của Nghị định số 01/2017/NĐ-CP

Chapter II

ELABORATING SOME ARTICLES OF THE DECREE NO. 01/2017/ND-CP

Article 3. Verification of a household or individual engaged directly in agricultural production

1. The verification of a household or individual directly engaged in agricultural production shall be carried out in the following cases:

a) Allocate agricultural land to the household or individual as prescribed in Article 54 of the Land Law;

b) Register acquisition of the household’s or individual’s rights to use land meant for rice cultivation through transfer or donation;

c) Certify the household's or individual's agricultural land use rights;

d) Determine whether compensation or assistance has to be provided upon expropriation of agricultural land of the household or individual.

2. Bases for verification of an individual engaged directly in agricultural production:

a) He/she is using agricultural land allocated or leased out by the State or has his/her land use rights certified by the State; acquired through conversion, transfer, inheritance or donation or contribution of capital in the form of land use rights; is using agricultural land which is yet to be certified by the State;

b) He/she does not receive regular salaries; he/she is retired, stops working due to working capacity loss or terminates his/her employment and receives social benefits;

c) He/she has a regular income from agricultural production on the area of land which he/she is using as specified in Point a of this Clause even when he/she does not have a regular income due to natural disasters, environmental disasters, conflagration or epidemics;

d) In the case of allocation of agricultural land to an individual as prescribed in Article 54 of the Land Law or registration of acquisition of his/her rights to use land meant for rice cultivation through transfer or donation, Point b of this Clause shall apply.

3. Bases for verification of a household engaged directly in agricultural production:

a) The household is using agricultural land allocated or leased out by the State or has his/her land use rights certified by the State; acquired through conversion, transfer, inheritance or donation or contribution of capital in the form of land use rights; is using agricultural land which is yet to be certified by the State;

b) At least one member of the household does not receive regular salaries; is retired, stops working due to working capacity loss or terminates his/her employment and receives social benefits;

c) The household has a regular income from agricultural production on the area of land which the household is using as specified in Point a of this Clause even when the household does not have a regular income due to natural disasters, environmental disasters, conflagration or epidemics;

d) In the case of allocation of agricultural land to a household as prescribed in Article 54 of the Land Law or registration of acquisition of the household's rights to use land meant for rice cultivation, Point b of this Clause shall apply.

4. The verification of a household or individual engaged directly in agricultural production and having a stable income from agricultural production which is carried out by a People’s Committee of a commune, ward or commune-level town (hereinafter referred to as “the communal People’s Committee”) constitutes part of the procedures specified in Clause 1 of this clause. To be specific:

a) In the case of following the procedure specified in Point a Clause 1 of this Article, the District-level Department of Natural Resources and Environment shall submit a written request for verification to the People’s Committee of the commune where the permanent residence of the household or individual is registered;

b) In the case of following the procedures specified in points b and c Clause 1 of this Article, the Land Registration Office shall submit a written request for verification to the People’s Committee of the commune where the permanent residence of the household or individual is registered;

c) In the case of following the procedures specified in Point d Clause 1 of this Article, upon receipt of the records on inspection, surveying, measurement and accounting, the organization in charge of land clearance and compensation shall submit a written request for verification to the People’s Committee of the commune where the permanent residence of the household or individual is registered;

d) If the household or the individual using land does not have their permanent residence registered at the same location, the authorities mentioned in points a, b and c of this Clause shall submit a written request for verification to the People’s Committee of the commune where the permanent residence of the household or individual is registered and the People’s Committee of the commune where land exists as prescribed in Clause 2 Article 2 of the Decree No. 01/2017/ND-CP.

The People’s Committee of the commune where land exists shall submit a written verification to the People’s Committee of the commune where the permanent residence of the household or individual is registered.

Article 4. Use of a land parcel for executing a business project by purchasing properties on land and gaining land use rights through transfer, renting or capital contribution

1. The lands leased out to the investor for execution of a business project in the circumstances defined in Clauses 5 and 6, Article 16 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 elaborating the implementation of some articles of the Land Law (hereinafter referred to as “Decree No. 43/2014/ND-CP”) and added in Clause 15, Article 2 of the Decree No. 01/2017/ND-CP shall be expropriated as follows:   

a) The investor shall submit a written request for expropriation of land to be leased out to him/her to the natural resources and environment authority of the area where such land exists.

b) The land expropriation, compensation, assistance and relocation shall be carried out in a manner similar to regulation on expropriation of land for the national defense or security; socio-economic development for the benefits of the public and the country.

The investor shall finance the compensation, assistance and relocation in advance according to the compensation, assistance and relocation plan approved by a competent authority and shall be returned by the state budget by deduction from the land rent payable. The deduction must not exceed the land rent payable.

2. In case a land user in the project’s vicinity is eligible to be issued with the certificates of land use rights and ownership of houses and other properties on land according to regulations but is yet to have those certificates, the People's Committee of province shall request such land user to apply for the certificate of land use rights and ownership of houses and other properties on land before he/she sells properties on land and gains land use rights through transfer, lease and capital contribution to the investor.

3. In case of allocation or lease of the land already expropriated by the State as prescribed in Clauses 4, 5 and 6, Article 16 of the Decree No. 43/2014/ND-CP to the investor, the auction of land use right(s) is not required.

4. If an investment project utilizes land parcels of various land-use durations, including part of land parcels of permanent duration, which have been acquired by purchasing properties on land and gaining land use rights through transfer, lease or capital contribution, the duration of land use shall be re-determined in line with the duration of the investment project pursuant to Clause 3, Article 126 of the Land Law. If the project is exempt from investment formalities in accordance with regulations of the law on investment, the People’s Committee competent to allocate or lease out such land shall determine the land-use duration which shall not exceed 50 years. If the land parcels acquired through transfer of land use rights are of permanent use, the duration of land use shall be permanent.

Article 5. Provision of services by Land Registration Offices

1. Every Land Registration Office is entitled to provide services prescribed in Clause 4 Article 2 of the Decree No. 01/2017/ND-CP on the premise that its functions and tasks accord with its competence as prescribed by law.

2. When a Land Registration Office provides services as prescribed in Clause 4 Article 2 of the Decree No. 01/2017/ND-CP, the land user or owner of property on land provided with such services shall pay for the services as prescribed in the Government’s Decree No. 141/2016/ND-CP dated October 10, 2016 on the mechanism for exercising the autonomy of public service providers in the economic administrative sector and others. The prices for services shall be published by the provincial People’s Committee in accordance with regulations of law on prices.