Chương III Thông tư 33/2017/TT-BTNMT: Sửa đổi, bổ sung một số thông tư hướng dẫn thi hành luật đất đai

Chapter III

AMENDMENTS TO SOME CIRCULARS PROVIDING GUIDELINES FOR IMPLEMENTATION OF THE LAND LAW

Article 6. Amendments to some articles of the Circular No. 23/2014/TT-BTNMT dated May 19, 2014 on certificate of land use rights, ownership of houses and other properties on land

1. Point a Clause 1 of Article 4 is amended as follows:

“a) Make regulations on anti-counterfeiting (security features) on the certificate template; print and issue the certificate template to Land Registration Offices or Land Use Rights Registration Offices at all levels;”

2. Points dd is amended and Point e is added to Clause 4 of Article 4 as follows:

“dd) Submit a report on receipt, management and use of certificate templates to the provincial Department of Natural Resources and Environment every 06 months before June 20 and every year before December 20;

e) Submit to the General Department of Land Administration a report on the number of received, used and unused certificate templates upon receipt of certificate templates according to Point a Clause 1 of this Article.”

3. Clause 6 is added to Article 4 as follows:

“6. Specifications of raw materials for printing certificate templates are specified in the Appendix 01a to this Circular.”

4. Point a Clause 1 of Article 5 is amended as follows:

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

5. Point c, Clause 1, Article 5 is amended as follows:

“c) In case of a household using land, specify “Hộ gia đình, gồm ông” (“Household, including Mr.”) (hoặc “Hộ gia đình, gồm bà”) (or “Household, including Mrs.”), full name, date of birth, name and number of householder’s identity documents according to Point a of this Clause; permanent address of the household.  If the householder does not share a piece of land of the household, specify the name of representative who is another member of household sharing a piece of land of the household. On the next line, specify “Cùng sử dụng đất, cùng sở hữu tài sản gắn liền với đất (or Cùng sử dụng đất or Cùng sở hữu tài sản) với …(“share a piece of land or properties on land (or share a piece of land or properties) with... (specify full names, date of birth and number of identity documents of the remaining members having the same right to share a piece of land and properties on land).”

6. Point h Clause 8 of Article 6 is amended as follows:

“h) In the case of transfer of land use rights and issuance of the Certificate to the transferee, specify the form of receipt of transfer of rights (such as receipt of land use rights through conversion; transfer; inheritance; donation; capital contribution; auction winning; collateralized debt settlement; dispute settlement; complaint or denunciation settlement; implementation of decision (or judgment) of the Court; implementation of judgment enforcement decision, etc.); specify the land origin already specified in the initial certificate and specified in accordance with regulations of this Circular. For example: “Receipt of transferred land allocated and levied by the State”.

In case of receipt of transferred land use rights for different purposes and mandatory completion of the procedures for land repurposing, specify the origin of land in the form specified in points a, b, c and d of this Clause in accordance with the method for fulfillment of financial obligations discharged to the State after land repurposing.

Where the rights to use the land originally related to transfer of the right to use lawful land of another person are certified but such land is allocated and levied in accordance with regulations of the Land Law specify, “Công nhận QSDĐ như giao đất có thu tiền sử dụng đất” (“Certification of land use rights as allocation of levied land”).

For example: Organization A received transfer of the rights to use residential land of a household or individual that has yet to be issued with a certificate before 2005 and now uses such land for business operation, specify “Công nhận QSDĐ như giao đất có thu tiền sử dụng đất;” (“Certification of land use rights as allocation of levied land”) in the certificate upon certification of land use rights;”

7. Point c Clause 3 of Article 7 is amended as follows:

“c) Floor area: specify the floor area used for apartment construction under the apartment sale contract and in accordance with regulations of the law on housing;”

8. Article 7a is added as follows:

  “Article 7a. Specifying contents of certificate in case the certificate is issued to each work item or some work items or each area of a work item

In case of issuance of certificate to each work item or some work items or each land area of work item, contents of the certificate shall be specified as follows:

1. Information about the certificate holder shall be specified on page 1 of the certificate as prescribed in Clause 1 Article 5 of this Circular.

2. Information about the land parcel shall be specified on page 2 of the certificate as prescribed in Article 6 of this Circular and only specified on a certificate (the certificate exclusively issued to the land parcel or issued to the land parcel, one or some work items or each area of a work item); from the second certificate onwards, the detailed information about the land parcel shall not be specified as on the first certificate but in Point “1. Land parcel”, specify “Information about the land parcel with use right stated in the certificate with serial No…. (specify the serial number of the first Certificate)”.

In the cases where the project owner transfers the land use rights, work item or each area of a work item, they shall clearly determine the location, boundary and area of the common land and private land of the work item, each area of a work item under the decision on approval of the investment project, the project investment decision, the investment license, the investment certificate and the invest registration certificate issued by a competent authority, the decision on approval of the detailed construction plan and/or the construction permit and specified in the transfer agreement in order to apply for issuance of the certificate to the transferee. Upon of issuance of the certificate to the transferee, the certificate already issued to the project owner shall be adjusted to the form of common use of the land area of the land user.

Where a project which comprises various work items as defined in the decision on approval of the investment project, the project investment decision, the investment license, the investment certificate, the invest registration certificate issued by a competent authority, the decision on approval of the detailed construction plan and/or the construction permit, if the project owner is eligible and wishes to apply for issuance of the certificate of land use rights, ownership of houses and other properties on land over each building or each area of a building, the investor shall be granted by the competent authority.

3. Information about properties on land shall be specified on page 2 of the certificate as follows:

a) Address: specify name of the work or building; house address (if any), name of the street, name of communal-, district- and provincial-level administrative units;

b) Type of work: specify as prescribed in Point a Clause 4 Article 7 of this Circular;

c) Detailed information about each work item, some work items or each area of a work item shall be specified in the following table:

Where:

- Work item: specify the name of the work item defined in the decision on approval of the investment project, the project investment decision, the investment license, the investment certificate, the invest registration certificate issued by a competent authority, the decision on approval of the detailed construction plan and/or the construction permit. In case of issuance of the certificate to each area of a work item, specify “… (tên của phần diện tích của hạng mục công trình) - … (tên của hạng mục công trình)” (“… (name of the area of the work item) - … (name of the work item)”). For example: “Second floor commercial building - Block NT1”; the property owner shall determine name of the area of the item work, which shall then be included in the certificate;

- Construction area: specify the built-up area of the work at the location in contact with the ground by the outer edge of wall of the work in Arabic numeral, in square meter (m²) and rounded to the nearest tenth;

- The floor area or capacity shall be specified as follows:

+ For the house-shaped work: specify the construction floor area of the work item, each area of a work item in Arabic numeral, in square meter (m²) and rounded to the nearest tenth. For the work item that is a single-story house: specify its construction floor area. For the work item that is a multi-storey house: specify the total construction floor area of all storeys. In case of issuance of the certificate to the area of a work item such as apartment, room, office or a floor area in the item, etc., specify the construction floor area of such area.

+ For other architectures, specify capacity of such architectures according to the investment decision or the approved investment project or the investment certificate or the investment license. For example: “Thermal power station: 3,000 MW, stadium: 20,000 seats”;

- Information about form of ownership, construction classes and  duration of ownership shall be specified as prescribed in Point b Clause 4 Article 7 of this Circular.”

9. Article 7b is added as follows:

 “Article 7b. Specifying information in the certificate in case of certification of ownership of works on agricultural land

1. Information about the land user and owner of works on agricultural land:

a) In case the work owner is also the land user, specify information on page 1 of the certificate as prescribed in Clause 1 Article 5 of this Circular;

b) In case the work owner is not the land user, specify information about the work owner on page 1 of the certificate as prescribed in Clause 1 Article 5 of this Circular and specify “Sở hữu công trình trên thửa đất thuê của … (“Own the work on the land parcel leased out by …) (specify the name of the organization, household or individual that leases out such land parcel)” or “Sở hữu công trình trên thửa đất thuê lại của … (“Own the work on the land parcel subleased by …) (specify the name of the organization, household or individual that subleases such land parcel)” or “Sở hữu công trình trên thửa đất nhận góp vốn của …(“Own the work on the land parcel contributed as capital by …) (specify the name of the organization, household or individual that contributes capital)”.

In case it is impossible to specify such information on page 1 of the certificate, names of the person who leases out and subleases land, and gains the right to use land contributed as capital shall be specified in the subpage of the certificate according to the Appendix 01b enclosed herewith. On the line following the line on which the information about the work owner is specified, specify “Sở hữu công trình trên đất của người khác theo trang phụ kèm theo Giấy chứng nhận này, gồm… trang” (“Own the work on another person’s land according to the subpage enclosed with this certificate, including…page(s)”).

The subpage constitutes part of the Certificate. When using the subpage, it is required to write the ordinal number of the Appendix and affix a seal (of the authority issuing the Certificate) on adjoining edge of the subpage and page 4 of the Certificate.

2. Information about the land parcel:

Information about the land parcel shall be specified as prescribed in Article 6 of this Circular; in the case of using multiple land parcels, it is required to complete the cadastral map extraction or cadastral measurement extraction of the entire usable area; information about the land parcel shall be determined using the information specified in the cadastral map or cadastral measurement form.

In case the work owner is not the land user, in the “Note” section of the Certificate, specify “Thửa đất trên thuộc quyền sử dụng của người khác được ghi trên trang 1” (“The abovementioned land parcel is owned by another person written on page 1”).

3. c) Information about the work shall be specified in the following table:

A construction work on agricultural land specified in the Certificate is the work constructed in accordance with regulations of the law on construction or the work actually constituted at the time of issuance of the Certificate and under the ownership of the person applying for the certificate, where:

- Work items: specify names of the work items defined in the decision on approval of the investment project, the project investment decision, the investment license, the investment certificate, the invest registration certificate issued by a competent authority, the decision on approval of the detailed construction plan and/or the construction license.

- Construction area: specify the built-up area of the work at the location in contact with the ground by the outer edge of wall of the work in Arabic numeral, in square meter (m2) and rounded to the nearest tenth;

- Floor area: only applicable to the house-shaped work, specify it as prescribed in Point c Clause 2 Article 7 of this Circular; for others not applicable, the sign “-/-” shall be shown;

- Main structures: specify types of materials (brick, concrete, wood, etc.), the main structures including wall, frame, floor, and roof (e.g, wall, frame, reinforced concrete floor);

- Form of ownership: specify “Sở hữu riêng” (“Private ownership”) if the work item is owned by one owner; specify “Sở hữu chung” (“Common ownership”) if the work item is owned by more than one owner; if the item work is under both private ownership and common ownership, specify “Sở hữu riêng” (“Private ownership”), “Sở hữu chung” (“Common ownership”) respectively in the next lower lines; specify the area under both private ownership and common ownership in the respective lines in columns “Construction area” and “Floor area”;

- Class of work: specify in accordance with regulations of the law on control of quality of construction works.

In case the construction work on agricultural land is yet to be specified in the regulation on classification of construction works in accordance with regulations of the law on construction, the provincial People’s Committee shall, according to actual conditions, decide the types of works to be specified in the Certificate.

- The duration of work ownership shall be specified as follows:

+ Specify the expiry date of work use if the duration of work use is determined, for the entities renting or subrenting land or gaining another land user’s land use rights through capital contribution, the duration of work ownership shall not exceed the duration of land rent or subrent or receipt of capital contributions in the form of land use right; the sign “-/-” shall be shown in case of failure to determine the duration of work use.

+ In case of sale of works with definite duration, specify the expiry date under the work sale contract.”

10. Point b Clause 1 of Article 8 is amended as follows:

“b) Information about the land parcel and properties on land shall be specified in page 2 of the certificate as prescribed in Article 6, clauses 1, 2, 3, 4, 5 and 6, Articles 7, 7a and 7b of this Circular, where:

- Usable land area: specify the total land area which the person issued with the certificate has a right to privately use and share it with other persons. For the form of land use, specified the area of private and common land in the section of private use and commune use respectively;

- Area of the property (including construction area and floor area): specify total area of the property which the person issued with the certificate has a right to privately use and share it with other persons. For the form of property ownership, specify each form and area of both private and common ownership as prescribed in Point d Clause 2, Point d Clause 3, Point b Clause 4, Point d Clause 5 and Point c, Clause 6 Article 7 and Clause 3 Article 7b of this Circular.

In the event the properties on land include different types and items with part of which is under private or common ownership, compile a table as prescribed in Clause 8 Article 7 of this Circular to list information about each property or each property item as in the example below:

11. Clause 2 of Article 8 is amended as follows

“2. In the event that a person has a right to share an area of the land parcel or a part of properties on land without the private land use right or private property ownership, the contents of the Certificate issued to such person shall be specified as prescribed in Article 5, 6 and Clauses 1, 2, 3, 4, 5 and 6, Articles 7, 7a and 7b of this Circular and in accordance with the following regulations:

a) Usable land area: specify the area of land which the person issued with the certificate has a right to share with other persons in the form of common use;

b) Area of the property (including construction area and floor area): only specify the area of the property which the person issued with the certificate has a right to share with other persons in the form of common ownership.”

12. Clause 4 of Article 11 is amended as follows:

 “4. The contents noted in other cases shall be specified as prescribed in Clause 3 Article 5, Point c Clause 6, Clause 2 Article 7b, Point c Clause 1 Article 8, Point c Clause 1, Article 9 and Article 13 of this Circular.”

13. Clause 1 of Article 14 is amended as follows:

“1. The “signature” section of the Certificate shall be written as follows:

a) Write the place of issue and the date of signature;

b) Where the issuing authority is the People’s Committee of a province or district:

FOR THE PEOPLE'S COMMITTEE OF… (write the administrative division competent to issue the Certificate)

            CHAIRMAN/CHAIRWOMAN

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

or

FOR THE PEOPLE'S COMMITTEE OF… (write the administrative division competent to issue the Certificate)

      PP. THE CHAIRMAN/CHAIRWOMAN

      DEPUTY CHAIRMAN/CHAIRWOMAN

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

c) Where the provincial Department of Natural Resources and Environment is authorized by the provincial People’s Committee to sign the Certificate:

FOR THE PEOPLE'S COMMITTEE OF… (write the province)

     BY ORDER OF THE CHAIRMAN/CHAIRWOMAN

DIRECTOR OF PROVINCIAL DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

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

d) Where the provincial Department of Natural Resources and Environment signs the Certificate within its power:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF… (write the province)

                   DIRECTOR

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

Where the Deputy Director of the provincial Department of Natural Resources and Environment signs the Certificate:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF… (write the province)

               PP. DIRECTOR               

DEPUTY DIRECTOR

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

dd) Where the Land Registration Office is authorized to sign the Certificate by the provincial Department of Natural Resources and Environment in accordance with regulations of the provincial People’s Committee:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF… (write the province)

            BY ORDER OF DIRECTOR

DIRECTOR OF LAND REGISTRATION OFFICE OF… (write name of the Office)

Signature of the Director of the Land Registration Office, seal of the provincial Department of Natural Resources and Environment and full name of the signer;

e) Where a branch of the Land Registration Office is authorized to sign the Certificate by the provincial Department of Natural Resources and Environment in accordance with regulations of the provincial People’s Committee:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF… (write the province)

              BY ORDER OF DIRECTOR

DIRECTOR OF BRANCH OF LAND REGISTRATION OFFICE OF … (write name of the branch)

Signature of Director of the Branch of the Land Registration Office, seal of the provincial Department of Natural Resources and Environment and full name of the signer.

14. Point g Clause 1 of Article 17 is amended as follows:

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

15. Clause 3 is added to Article 17 as follows:

“3. The issuance of the Certificate in the cases mentioned in Points a, b, e, g, h, l, m and r Clause 1 and Points a, c, d, dd, e, g, h and i Clause 2 of this Article shall comply with Article 37 of the Decree No. 43/2014/ND-CP and Clause 23 Article 2 of the Decree No. 01/2017/ND-CP.

Regarding the case mentioned in Point n Clause 1 and Point b Clause 2 of this Article, the natural resources and environment authority shall undergo the procedure specified in Clause 2 Article 69 of the Decree No. 43/2014/ND-CP and transfer applications to the Land Registration Office or its branches to write the Certificate; request the People's Committee at the same level to permit land repurposing and issuance of the Certificate.”

16. Point b Clause 5 of Article 18 is amended as follows:

“b) In case of registration of changes to mortgaging of land use rights or property on land, specify “Nội dung đã đăng ký thế chấp ngày …/…/… có thay đổi… (“Changes to mortgage information registered on  …/…/… as follows: ….”) (specify the mortgage information registered before and after change) according to the application No….…..(specify the number of the registration application);”

17. Clause 6a is added to Article 18 as follows:

 “6a) In case of lease and sublease of land, except for the land in industrial parks, export processing zones, industrial clusters, craft villages, economic zones or high-tech parks, in the certificate of the lessor or sublessor, specify: “Cho … (“Lease (sublease) … (specify the name and address of the lessee or sublessee) thuê (thuê lại) thửa đất số … diện tích … m² đến … (the land parcel No. … with an area of … m² until … (specify the expiry date of land rent and subrent), không thuộc trường hợp nhận quyền sử dụng đất, theo hồ sơ số ….” (specify the number of the registration application) (“not subject to receipt of land use rights, according to the application No. ...”).

18. Clause 7 of Article 18 is amended as follows:

“7. In case the land user or owner of property on land changes the ownership and information about proof of legal status, identity documents or address, specify “The land user (or owner of property on land)… (specify the changes: name, ID Card, investment certificate, address, etc.) từ… thành… (is changed from… to…(specify the information before and after change) theo hồ sơ số… (according to the application No… (specify the number of the registration application)”.

The changes that are not subject to transfer of land use rights, ownership of property on land such as the households’ or individuals’ moving of land use rights into a company; conversion of a company; full division, partial division, merger or consolidation of a company without subdivision of land parcel and confirmation of changes in the certificate, specify “The land user (or the owner of property on land) đổi tên từ … thành…  (is renamed from ... to….) (specify the name and proof of legal status before and after change) do… (due to ...) (specify the form of establishment or company conversion or …) theo hồ sơ số… (according to the application No...) (specify the number of registration application).

19. Clause 10 of Article 18 is amended as follows:

“10. In case of land repurposing, specify “Chuyển mục đích sử dụng từ đất… thành đất… (“Repurpose ... land into ... land) (specify the purpose before and after repurposing) theo Quyết định số…, ngày …/…/…, hồ sơ số… (according to the Decision No….,…/…/…, application No... (specify the number of registration application).

In case of repurposing part of the land parcel, subdivision and issuance of a new Certificate to each new land parcel after subdivision are required.

In case of the land parcel on which a garden or pond is available, subdivision is not required upon repurposing part of the land parcel, except for the case where the land user has a need for subdivision; in case of no subdivision, specify “Repurpose land with an area of … m² from ... land to … land (specify the purpose before and after conversion) according to the Decision No…, dated  …/…/…, application No… (specify the number of registration application).”.

20. Clause 18 of Article 18 is amended as follows:

“18. In case of land expropriation or transfer of land use rights or ownership of property on land or replacement of the Certificate or other reasons for revocation of the issued Certificate, before being archieved, the Land Registration Office, its branch or Land Use Rights Registration Office shall punch 01 hole in the Certificate (through 4 pages of the Certificate and additional pages or subpages (if any). The hole punching must not result in loss of information in the Certificate. The Certificate after being punched is no longer legally valid.”

21. Clause 4 of Article 24 is amended as follows:

“4. Where a sufficient application for registration of land or property on land and issuance of the valid Certificate is submitted and the Certificate is printed and written before the effective date of this Circular, regulations of the Circular No. 17/2009/TT-BTNMT shall continue to apply; where the Certificate is yet to be printed or written, regulations of this Circular shall apply.

Where the Certificate has been signed but it is, before the delivery, discovered that: (i) the Certificate is signed ultra vires; (ii) the Certificate is issued to an inappropriate land user; (iii) the land area written on the Certificate is incorrect; (iv) prescribed conditions for issuance of the Certificate have not been fully satisfied; (v) the land specified in the Certificate does not serve its intended purpose; (vi) the duration of land use written on the Certificate is incorrect; (vii) the land origin is incorrect as prescribed by regulations of law on land, such Certificate must be destroyed.

In case the Certificate has been signed but not yet been issued to the land user because he/she has yet to receive the Certificate according to the written notice given by a competent authority, 90 days after the day on which a written notice is sent to the land user or owner of property on land, the Land Registration Office, its branch or Land Use Rights Registration Office shall specify “Giấy chứng nhận chưa trao do… (The Certificate has not yet been issued to… (specify the reasons why the certificate has not yet been issued: disagreement about the information on the Certificate, failure to fulfill financial obligations, no demand for deferment, etc.)” in Section IV on page 3 of the Certificate and archive it as prescribed. If, after confirming the reason why the certificate is yet to be issued, the land user wishes to receive the Certificate, the Land Registration Office, its branch or Land Use Rights Registration Office shall specify “Giấy chứng nhận đã trao” (The Certificate has been issued”) in Section IV of the Certificate and issue the Certificate to the land user.

If completing the procedures for registration or issuance of the Certificate to a household or individual and the Certificate is printed and written before the day on which the Land Registration Office is established and operates under the signing authority of the district-level People’s Committee but the Certificate is submitted for signature from the day on which the Land Registration Office operates according to the decision of the provincial People’s Committee, the Land Registration Office or its branch shall archive the printed Certificate; before archiving, specify “Lưu hồ sơ do Giấy chứng nhận được in trước ngày Văn phòng đăng ký đất đai được thành lập” (“Archive the Certificate as it is printed before the date of establishing the Land Registration Office”) and affix the seal of the Land Registration Office or its branch to page 1 of the Certificate. After the new Certificate is signed and issued to households and individuals, the Land Registration Office or its branch shall consolidate the archived Certificates in order for the provincial Department of Natural Resources and Environment to destroy them as prescribed.”

Article 7. Amendments to some articles of the Circular No. 24/2014/TT-BTNMT dated May 19, 2014 on cadastral documents

1. Clause 3 of Article 8 is amended as follows:

“3. An application for initial registration or issuance of Certificate of land use rights, ownership of houses and other properties on land to properties on land; additional registration of property on land of the land user already issued with the certificate includes:

a) An application form for registration or issuance of land use rights and ownership of houses and properties on land, which is made using the Form No. 04a/DK;

b) One of the documents specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP;

In case the ownership of construction works on agricultural land needs to be certified but the work owner does not have one of the documents specified in Article 32 of the Decree No. 43/2014/ND-CP or the work is exempt from the construction permit, the work owner shall submit engineering documents on such work in accordance with regulations of the law on construction. The Land Registration Office or its branch or Land Use Rights Registration Office shall send an enquiry form together with engineering documents on the work to a regulatory authority as prescribed in Point dd Clause 3 Article 70 of the Decree No. 43/2014/ND-CP.

c) A map of the property on land (except for the case where a property map in conformity with the current status has been included in the document on ownership of property on land);

dd) An issued Certificate in case of additional certification of ownership of property on land;

dd) Documents evidencing the fulfillment of financial obligations; documents on reduction or exemption of financial obligations related to property on land (if any);

e) A notarized or certified written consent given by the land user to the construction of the work and copies of documents on land use rights in accordance with regulations of law on land in case the work owner is not the land user.”

2. Clause 2, Article 9 is amended as follows:

“2. An application submitted upon transfer of agricultural land use rights which is not in the case of "regrouping of lands"; receipt of land use rights and ownership of properties on land through transfer, lease, sublease, inheritance, donation or capital contribution; transfer of land use rights and ownership of properties on land from either wife or husband to those of both wife and husband includes:

a) An application form for changes to land or properties on land, made using the Form No. 09/DK;

b) The contract and documents on the receipt of land use rights and ownership of properties on land through transfer, lease, sublease, inheritance, donation or capital contribution; capital contributions in the form of land use rights and ownership of properties on land; transfer of land use rights and ownership of properties on land from either wife or husband to those of both wife and husband.

If the inheritor of land use rights, ownership of properties on land is the only person, an application form registration of inheritance of land use rights, ownership of properties on land of the inheritor is required;

c) An original of the issued certificate;

d) A written consent given by a competent authority to a business entity gaining agricultural land use rights through transfer, capital contribution and renting for execution of the investment project;

dd) A written consent of the land user which shows that the owner of property on land may transfer, donate, lease out properties on land or contribute capital in the form of properties on land in case of transfer, donation, lease of properties on land, capital contribution in the form of the properties on land whose owner is not the land user.”

3. Point b, Clause 5, Article 9 is amended as follows:

“b) An original of the issued certificate, except for implementation of decision or judgment of the People’s Court, judgment enforcement authority’s judgment enforcement decision that comes into force or auction of the land use rights and properties on land at the request of the People’s Court or judgment enforcement authority without revocation of the original of the issued certificate;”

4. Clause 6, Article 9 is amended as follows:

“6. The application for registration of changes to land and properties on land due to changes of land user or owner of properties on land; reduction in the area of land parcel due to natural erosion; changes to limitation(s) of land use right; to financial obligations; to properties on land against the previous registration include:  

a) An application form for changes to land or properties on land, made using the Form No. 09/DK;

b) An original of the issued certificate;

c) One of the documents relating to the changes:

- A written approval of a competent authority in accordance with regulations of the law in case of change of an individual or representative of the household;

- A copy of the family register in case of change of the representative who is the householder; the household’s agreement certified by the People’s Committee of the commune in case of change of the representative who is another member of the household;

- A local community's agreement certified by the People’s Committee of the commune in case of renaming of the local community;

- A written certification of the People’s Committee of the commune on the natural erosion in case of reduction in the area of land parcel and property on land due to natural erosion;

- Documents on payment of financial obligations in case of issued certificates with a debit or late payment of financial obligations, except for the case where the land user is exempted from paying or does not have to pay financial obligations due to changes in regulations of law;

- The competent authority’s decision on changes to limitation(s) of land use rights, ownership of properties on land specified in the certificate in case of limitation(s) according to decisions on land allocation, land lease, certification of land use right; a written consent to restriction changes to limitation(s) by the person with relevant interests, certified by People’s Committee of the commune in case of changes to limitation(s) according to the written transfer of land use rights;

- A copy of one of the documents specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP, specifying the changes to information about the properties on land mentioned in the certificate.”

5. Point c, Clause 9, Article 9 is amended as follows:

“c) The copy of the additional investment decision or the investment license or the investment certificate or investment policy decision with the duration of the investment project specified or adjusted in line with the extended duration of land use in case of use of land of organizations, diplomatic foreign organizations, foreign-invested companies and Vietnamese overseas executing the investment project.

In case a domestic organization is using land for execution of the investment project on land but is not the entity issued with the additional investment decision or the investment license or the investment certificate or the investment policy decision in accordance with regulations of the law on investment, specify the reasons for extension of duration of land use in Point 4 of the application form for registration of changes to land and properties on land according to the Form No. 09/DK;"

6. Clause 12 is amended and Clauses 13, 14, 15, 16 and 17 are added to Article 9 as follows:

“12. The application for mortgage registration or deregistration shall be compliant with regulations on registration of secured transactions.

If renting or subrenting the land of an investor in construction of infrastructure in an industrial zone, industrial complex, export processing zone, hi-tech park or economic zone, which is leased out by the State and land rent is paid annually, the user of the land leased out or subleased paid a lump-sum rent before July 1, 2014 and the user used land for registration of mortgaging of land use rights or mortgaging of land use rights and properties on land, the application for mortgage registration must include the documents proving that the investor has paid the budget the land rent that the lessee or sub lessee makes a lump-sum payment.

13. An application for re-determination of the area of households’ or individuals’ homestead land certified in writing includes:

a) An application form for changes to land or properties on land, made using the Form No. 09/DK;

b) An original of the issued certificate.

14. An application for registration of changes upon the households’ or individuals’ moving of land use rights into a company includes:

a) An application form for changes to land or properties on land, made using the Form No. 09/DK;

b) An original of the issued certificate;

c) The notarized or certified written consent of the members in a household that is using land to the moving of the household’s land use rights into a company in accordance with regulations of the law on household’s land;

d) The household’s or individual’s signed contract for land rent.

15. An application for extension of religious institutions’ use of agricultural land use includes:

a) An application form for changes to land or properties on land, made using the Form No. 09/DK;

b) An original of the issued certificate.

16. An application for confirmation of changes to information about legal status, ID Card Number, address specified in the certificate issued at the request of the land user or change of the owner of properties on land includes:

a) An application form for changes to land or properties on land, made using the Form No. 09/DK;

b) An original of the issued certificate;

c) A copy of the new ID card or new ID card of People’s Army or family register or other documents proving changes to legal status upon changes to information of legal status of the person whose name is enumerated in the certificate;

d) The competent authority’s written permission for or certification of changes to information of legal status upon changes to information of legal status of the organization already specified in the certificate.

17. The land user applying for registration of changes to land and properties on land according to Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 makes changes to his/her legal status, ID Card Number or address specified in the issued certificate, he/she shall supplement the following documents:

a) A copy of the new ID card or new ID card of People’s Army or family register or other documents proving changes to legal status in case of changes to information of legal status of the person whose name is enumerated in the certificate;

b) The competent authority’s written permission for or certification of changes to information of legal status in case of changes to information of legal status of the organization already specified in the certificate.”

7. Article 9a is added as follows:

 “Article 9a. Issuance of Certificate of land use rights, ownership of houses and properties on land to an area of land in excess of that specified in the land use rights document for the household or individual using the respective land parcel

1. The Certificate shall be issued to entire land area in use (including both original land area and increased land area).

2. The application for issuance of the Certificate in case the increased area of land is acquired through transfer, inheritance or donation of rights to use land granted the Certificate shall be submitted:

a) In case the original land parcel has been granted the Certificate:

- An application form for re-issuance or replacement of the Certificate of the land use rights, ownership of houses and properties on land, which is made using the Form No. 10/DK in regard to the entire land area in use;

- An original of the Certificate issued to the original land parcel;

- An original of the certificate and contract and documents relating to transfer, inheritance or donation of land use rights established according to the increased land area. In case of transfer, inheritance or donation of increased land area according to Clause 2 Article 82 of the Decree No. 43/2014/ND-CP, it is required to have an original of the certificate of the transferor of the land use rights or contract for or documents relating to transfer, inheritance or donation of rights to use the increased land area.

b) In case the original land parcel is yet to be granted the Certificate:

- An application form for registration or issuance of the land use rights, ownership of houses and properties on land, which is made using the Form No. 04a/DK in regard to the entire land area in use;

- One of the documents specified in Article 100 of the Land Law Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP on the original land parcel;

- One of the documents specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP in case of registration of ownership of property on land.

In case of registration of ownership of a house or construction work, it is required to have a map of the house or construction work, except for the case where a map in conformity with current status of the house or work under construction has been included in the documents relating to the ownership of the house or construction work.

- Documents evidencing the fulfillment of financial obligations; documents on reduction or exemption of financial obligations related to land or property on land (if any);

- In case of registration of a limited right of use of a contiguous land parcel, it is required to have a contract or agreement or decision of the People’s Court on the establishment of a limited right of use of a contiguous land parcel, enclosed with a map showing location and size of the area of land parcel which the user of the contiguous land parcel has a limited right to use;

- An original of the certificate and contract and documents relating to transfer, inheritance or donation of land use rights established according to the increased land area. In case of transfer, inheritance or donation of increased land area according to Clause 2 Article 82 of the Decree No. 43/2014/ND-CP, it is required to have an original of the certificate of the transferor of the land use rights or contract for or documents relating to transfer, inheritance or donation of rights to use the increased land area.

3. The application submitted where the increased area of the land has yet to be granted the Certificate:

a) Where the increased area of land was acquired through transfer, inheritance or donation of land use rights before July 01, 2014 and the documents on the rights to use such increased land area as prescribed in Article 100 of the Land Law, Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP are available:

- An application form for registration or issuance of the land use rights, ownership of houses and properties on land, which is made using the Form No. 04a/DK in regard to the entire land area in use;

- An original of the Certificate issued to the original land parcel or originals of the documents specified in Article 100 of the Land Law, Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP for the original land parcel that is yet to be granted the Certificate;

- One of the documents specified in Article 100 of the Land Law, Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP for the increased land area;

- One of the documents specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP in case of registration of ownership of property on land.

In case of registration of ownership of a house or construction work, it is required to have a map of the house or construction work, except for the case where a map in conformity with current status of the house or work under construction has been included in the documents relating to the ownership of the house or construction work.

- Documents evidencing the fulfillment of financial obligations; documents on reduction or exemption of financial obligations related to land or property on land (if any);

- In case of registration of a limited right of use of a contiguous land parcel, it is required to have a contract or agreement or decision of the People’s Court on the establishment of a limited right to use a contiguous land parcel, enclosed with a map showing location and size of the area of the land parcel which the user of the contiguous land parcel has a limited right to use;

b) In case documents on the rights to use the increased land area which are specified in Article 100 of the Land Law Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP are not available:

- An application form for registration or issuance of the land use rights, ownership of houses and properties on land, which is made using the Form No. 04a/DK in regard to the entire land area in use;

- An original of the Certificate issued to the original land parcel or the documents specified in Article 100 of the Land Law, Article 18 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP for the original land parcel that is yet to be granted the Certificate;

- One of the documents specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP in case of registration of ownership of property on land.

In case of registration of ownership of a house or construction work, it is required to have a map of the house or construction work, except for the case where a map in conformity with current status of the house or work under construction has been included in the documents relating to the ownership of the house or construction work.

- Documents evidencing the fulfillment of financial obligations; documents on reduction or exemption of financial obligations related to land or property on land (if any);

- In case of registration of a limited right of use of a contiguous land parcel, it is required to have a contract or agreement or decision of the People’s Court on the establishment of a limited right to use a contiguous land parcel, enclosed with a map showing location and size of the area of the land parcel which the user of the contiguous land parcel has a limited right to use.

4. In case the original land parcel and increased area of land granted the Certificate, the Land Registration Office shall request the provincial Department of Natural Resources and Environment to sign the Certificate or sign and issue the Certificate when mandated as per regulations.

If the original land parcel or increased land area or entire area of the original land parcel and increased land area is yet to granted the Certificate, the branch of the Land Registration Office shall prepare and submit documents to the district-level Department of Natural Resources and Environment, which will submit them to the district-level People's Committee for signing and issuance of the Certificate.”

8[9]. Article 9E is added as follows:

Article 9b. Registration of debt trading organization’s land use rights or ownership of property on land by in accordance with the National Assembly’s Resolution No. 42/2017/QH14 dated June 21, 2017

1. The registration of a debt trading organization’s land use rights or ownership of property on land which is derived from the bad debts of a credit institutions or foreign bank branch according to the National Assembly’s Resolution No.42/2017/QH14 dated June 21, 2017 shall proceed when the transactions involving mortgage of land use rights or property on land have been made in accordance with regulations of law on land and other relevant regulations of law; the debts that are land use rights or properties on land shall be traded in accordance with regulations of the law on debt trading.

2. The application for registration of land use rights or ownership of property on land includes:

a) An application form for changes to land or property on land, which is made using the Form No. 09/DK;

b) An original of the issued Certificate;

c) A mortgage agreement or contract including the agreement on settlement of collateral that the mortgagee or obligee receives such collateral;

d) The documents about debt trading in accordance with regulations of the law on debt trading, including the agreement that the debt buyer is entitled inherit rights and obligations of the mortgagee or obligee under the mortgage agreement or guarantee contract;

dd) The documents on transfer of property involved in debt trading or settlement document of a competent authority in accordance with regulations of law in the case of failure to reach an agreement on transfer of property involved in debt trading or record of property seizure according to Clause 5 Article 7 of the National Assembly’s Resolution No. 42/2017/QH14 dated June 21, 2017 on pilot settlement of bad debts.”

9. Clauses 1 and 2 of Article 11 are amended as follows:

“1. The authority that receives applications for registration or certification must not request land users or owners of properties on land to supplement the documents other than those specified in Articles 8, 9, 9a, 9b and 10 of this Circular and documents specified in Clauses 2 and 3 Article 4, Clauses 2, 3, 4 and 5 Article 6, Clauses 2, 3, 4 and 5 Article 7, Clause 1 Article 8 of the Joint Circular No. 88/2016/TT-BTC-BTNMT dated June 22, 2016 of the Ministry of Natureal Resources and Environment on application and procedures for receipt and circulation of documents on determination of land-related financial obligations of land users.

2. Upon submission of the documents on land use rights or ownership of property on land which are specified in Article 100 of the Land Law, Articles 18, 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP and Clause 16 Article 2 of the Decree No. 01/2017/ND-CP (if any) for initial registration or registration of changes according to Article 8, 9, 9a, 9b and 10 of this Circular, the applicant may select one of the following forms:

a) Submit copies of the notarized or certified documents in accordance with regulations of the law on notarization and certification;

b) Submit copies of documents and present their originals in order for the recipient to make a comparison and certify such copies;

c) Submit originals of the documents.”.

10. Clause 7[10] is added to Article 11 as follows:

“7[11]. An application for registration of land or property on land, issuance, replacement or reissuance of the Certificate (a valid application) must meet the following requirements:

a) It has sufficient documents for completion of procedures as specified in this Circular;

b) Information provided in the documents (if required) must be sufficient as prescribed;

c) Information provided in the documents must be consistent.”

11. Article 11a is added as follows:

“Article 11a. Rejection of applications for registration or issuance of land use rights or ownership of houses and other property on land

1. An application for registration or issuance of the Certificate of land use rights, ownership of houses and other properties on land shall be rejected if one of the following grounds is available:

a) The receipt of applications is beyond authority;

b) It has insufficient documents for completion of procedures as prescribed;

c) Information provided in the application is not adequate, consistent and valid as prescribed by law;

d) Information provided in the application does not match the information retained at the registry or counterfeit documents are provided;

dd) The written request of the civil judgment enforcement authority or the Bailiff Office for suspension or termination of issuance of the Certificate to the property that is land use right or property on land of the land user or the land-attached property owner who is a judgement debtor according to regulations of the law on enforcement of civil judgments or the written notice of distraint of property for judgment enforcement; or the written notice of a competent authority that has the power to settle land dispute about the receipt of application form for settlement of dispute over land and properties on land is received;

e) It is ineligible for exercising a right as prescribed in regulations of law on land and other relevant regulations of law.

2. If one of the grounds specified in Clause 1 of this Article is available, within 03 working days from the day on which the application for registration or issuance of certificate is received, the receiving authority shall submit a document stating reasons for rejection and instructions for completing the application, send the document together with the application to the applicant or to the communal People’s Committee through the single-window department in order for it to return the application to the applicant.”

12. Point b Clause 2 of Article 15 is amended as follows:

 “b) In case of a household using land, specify “Hộ gia đình, gồm ông” (“The household, including Mr.”) (hoặc “Hộ gia đình, gồm bà”) (or “The household, including Mrs.”), full name, date of birth, name and number of identity documents of the householder as specified in Point a of this Clause; permanent address of the household. In case the householder does not have rights to use its common land, specify the representative who is another member of the household and has the same right to use the household's common land, and then specify “Cùng sử dụng đất, cùng sở hữu tài sản gắn liền với đất (hoặc Cùng sử dụng đất hoặc Cùng sở hữu tài sản) với …(“share a piece of land or properties on land) (or share a piece of land or properties) with... (specify full names, date of birth and number of identity documents of the remaining members sharing a piece of land and properties on land);”

13. Point a clause 3 of Article 15 is amended as follows:

“a) Regarding the individual or representative of the household and wife or husband of such person, specify information about ID Card or Military ID Card or Citizen ID card (if any), including: name and number of the ID card (abbreviated to GCMND or GCMQD). In case ID card and Citizen ID card are unavailable, specify information about the birth certificate (name and number of the birth certificate);”

14. Point k Clause 2 of Article 19 is amended as follows:

“k) The changes that are not subject to transfer of land use rights, ownership of property on land such as the households’ or individuals’ moving of land use rights into a company; conversion of a company; division, merger or consolidation of a company without subdivision of land parcel and confirmation of changes in the certificate, specify “The land user (or the owner of property on land) đổi tên từ … thành…  (is renamed from ... to….) (specify the name and proof of legal status before and after change) do… (due to ...) (specify the form of establishment or company conversion) theo hồ sơ số… (according to the application No...) (specify the number of registration application).”;”

15. Point o Clause 2 of Article 19 is amended as follows:

“o) In case of land repurposing, specify “Chuyển mục đích sử dụng từ đất… thành đất… (“Repurpose ... land into ... land) (specify the purpose before and after repurposing); nguồn gốc sử dụng đất chuyển thành… (“convert the origin of land into…”); thời hạn sử dụng đến…(until…) (specify the origin and duration after repurposing if any) theo Quyết định số…, ngày …/…/…, hồ sơ số… (according to the Decision No….,…/…/…, application No... (specify the number of registration application)”.

In case of repurposing of partial area of the land parcel, leading to subdivision, specify “Thửa đất đã tách thành các thửa… (Subdivide the land parcel into...) (specify the number of the new land parcels), repurpose the land parcel No… with an area of… m² (specify the number and area of the repurposed land parcel) thành đất… (into the ... land) (specify the purpose after conversion) theo hồ sơ số… (according to the application No...) (specify the number of registration application)”.

On the page including information about the new land parcel which is not repurposed, specify “Được tách từ thửa đất số… (Subdivided from the land parcel No…) (specify the number of the land parcel before subdivision) theo hồ sơ số… (according to the application No…) (specify the number of the registration application)”.

On the page including information about the new land parcel which is not repurposed, specify “Được tách từ thửa đất số… (Subdivided from the land parcel No…) (specify the number of the land parcel before subdivision), chuyển mục đích từ đất… thành đất … (“repurpose … land into … land”) (specify the purpose before and after the repurposing)  theo hồ sơ số… (according to the application No…) (specify the number of the registration application).

In case of repurposing partial parel of land from garden and/or pond land in the same land parcel on which there is a house into residential land without subdivision, specify “Chuyển mục đích sử dụng … m² từ đất… (repurpose … m² of... land (specify the purpose before repurposing) thành đất ở (into residential land); nguồn gốc sử dụng đất chuyển thành "Công nhận QSDĐ như giao đất có thu tiền sử dụng đất; (convert the origin of land into “Certification of land use rights as allocation of levied land); thời hạn sử dụng: Lâu dài theo hồ sơ số…; (duration of use: permanent, according to the application No... (specify the number of registration application);”

16. Clause 4 of Article 21 is amended as follows:

“4. In case a local authority is yet to establish a cadastral database and is unable to compile a electronic cadastral book as prescribed in this Circular, the following regulations shall apply:

a) The local authority that has compiled a physical cadastral book as prescribed in the Circular No. 09/2007/TT-BTNMT dated August 02, 2007 of the Minister of Natural Resources and Environment providing guidance on preparation, revision and management of cadastral documents shall continue to update the physical cadastral book in use; the information to be specified in the book shall be compliant with the Appendix 03 to this Circular;

b) For the local authority that is yet to compile a physical cadastral book as prescribed in the Circular No. 09/2007/TT-BTNMT dated August 02, 2007 of the Minister of Natural Resources and Environment providing guidance on preparation, revision and management of cadastral documents, the Land Registration Office shall print the electronic cadastral book’s page which has not been digitally signed in order to collect signatures and seals of the Land Registration Office or its branch in service of regular management;

17. Clause 6 is added to Article 33 as follows:

“6. In case the certificate of land use rights, ownership of houses and properties on land has been printed and written to be issued; re-issued to; replaced for a land user or owner of property on land when they exercise their rights or register other changes before the day on which the Land Registration Office operates according to the decision of the provincial People’s Committee but has yet to be issued to the land user, the Land Registration Office shall print a new Certificate acting as a substitute for the printed and written Certificate. The new Certificate must specify that regulations of law which are effective when the new Certificate is printed shall apply. Other information in the printed and written Certificate shall be retained. The land user does not have to re-apply for issuance, reissuance or replacement of the Certificate. The Land Registration Office shall sign and issue the Certificate or request the provincial Department of Natural Resources and Environment to sign and issue the Certificate within its power as prescribed by law.

The provincial People’s Committee shall direct the provincial Department of Natural Resources and Environment and district-level People's Committee to review and report the number and list of the printed and written Certificates to be issued or re-issued to or replaced for the land user or owner of property on land when they exercise their rights or register other changes before the day on which the Land Registration Office operates before printing new Certificates as prescribed in this Clause.”

18. The Form No. 09/DK is amended.

19. “04/DK” is replaced with “04a/DK”.

Article 8. Amendments to some articles of the Circular No. 25/2014/TT-BTNMT dated May 19, 2014 on cadastral maps

1. Clause 5 of Article 7 is amended as follows:

“5. Regarding non-agricultural land, the reciprocal error of the position of any 2 points on the boundary of the land parcel shown on the digital cadastral map compared with the field distance measured directly or indirectly from the same station shall not exceed 0.2 mm according to the scale of the map to be created, but not exceeding 4 cm in the field in the case where edges of a land parcel are less than 5 m long.

Regarding agricultural land and unused land, the abovementioned reciprocal error of the position of any 2 points may be increased by 1.5 times.”

2. Point 2.4 Clause 2 of Article 11 is amended as follows:

“2.4. In case the land user or contiguous land user is absent throughout the measurement, the description of land parcel boundary shall be determined by the measurement officials, remaining relevant parties and cadastral officials by fields and according to the relevant documents on the land parcel (if any). The measurement authority shall transfer the description of land parcel boundary to the communal People’s Committee to confirm the absence, make an announcement through the commune’s public address system and openly post it at the communal People’s Committee in order for the land user to append his/her signature. If, 15 days after the date of announcement, the land user is not present and does not lodge any complaint or provoke any dispute over the land parcel boundary, such boundary shall be determined using the created description.

10 days from the day on which the description of the land parcel boundary is received, the contiguous land user does not append his/her signature and lodge any complaint or provoke any dispute over the land parcel boundary, such boundary shall be determined using the description signed by remaining relevant parties and cadastral officials. It is required to specify the reasons why such contiguous land user does not append his/her signature to the “reasons for refusal” section in the description of the land parcel boundary.

The measurement authority shall make a list of the abovementioned cases and submit it to the communal People’s Committee and retain measurement documents.”

3. The first line from the top of the Section “1. Specimen of frame and presentation of cadastral map’s frame” and Section 2. “Specimen of frame and presentation of the edited and reprinted cadastral map’s frame” under “III. SYMBOL FOR CADASTRAL MAP” of the Appendix 01 is amended as follows:

The phrase “XÃ TRUNG CHÂU” (“TRUNG CHAU COMMUNE”) is replaced with the phrase “BẢN ĐỒ ĐỊA CHÍNH XÃ TRUNG CHÂU” (“CADASTRAL MAP OF TRUNG CHAU COMMUNE”).

Article 9. Amendments to some Articles of the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 on applications for land allocation, lease, repurposing and expropriation

1. Article 5a is added as follows:

“Article 5a. Applications submitted to the Prime Minister for approval of conversion of purpose of use of land from rice cultivation, protection forest or special-use forest to another use for an investment project

1. The application of the People’s Committee of the province submitted to the Ministry of Natural Resources and Environment for approval includes:

a) A written request of the People’s Committee of the province, made using the Form No. 03a enclosed herewith.

b) Report on assessment of investment project dossier of the investment registration authority in accordance with regulations of the law on investment in case the investment policiy decision or the investment policiy decision of a competent authority or the investment registration certificate or the investment license or the investment certificate is yet to be received before July 01, 2015 (the effective date of the Law on Investment 2014).

c) The investment policy investment applicable to the public investment project under the local management in accordance with regulations of the law on public investment.

d) The approved plan for auctions of land use rights, applicable to the investment project allocating or leasing land through auctions of land use rights

dd) The assessed or approved bidding documents in case of bidding for selection of the investor executing the investment project using land in accordance with regulations of the law on bidding.

e) An environmental impact assessment report due to conversion of purpose of use of forests, plan for compensation for forest land clearance, plan for forest replacement in accordance with regulations of the law on forest protection and development, applicable to the project on repurposing of land of protection forest or special-use forest which has been approved by a competent authority.

2. An application submitted to the Prime Minister made by the Ministry of Natural Resources and Environment includes:

a) A written request submitted to the Prime Minister;

b) The documents specified in Clause 1 of this Article;

c) A document made by the Ministry of Agriculture and Rural Development on conversion of purpose of use of land from rice cultivation, protection forest or special-use forest to another use for an investment project.”

2. Clauses 4, 5, 6 and 7 are added to Article 7 as follows:

“4. An application for assessment of the demand for land use and assessment of requirements for land allocation, lease or repurposing for execution of the investment project includes:

a) An application form for assessment of the applicant for land allocation, lease or repurposing, which is made using the Form No. 03b to this Circular or the investment registration authority’s application form for assessment;

b) The investment project dossier when the investment guideline decision is implemented in accordance with regulations of law on investment.”

5. An application for assessment of the demand for land use in case of land allocation or lease without assessment of requirements for land allocation, lease or repurposing for execution of the investment project includes:

a) An application form for assessment of the applicant for land allocation or lease, which is made using the Form No. 03b to this Circular or the investment registration authority’s application form for assessment;

b) The investment project dossier when the investment guideline decision is implemented in accordance with regulations of law on investment.

6. An application for assessment of the demand for land use in case of land repurposing without the assessment of requirements for land allocation, lease or repurposing for execution of the investment project includes

a) An application form for assessment of the applicant for land repurposing, which is made using the Form No. 03b to this Circular or the investment registration authority’s written approval for assessment;

b) The Certificate of land use rights or Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses and other properties on land;

c) The investment project dossier when the investment guideline decision is implemented in accordance with regulations of law on investment.

7. An application for assessment of demand for land use in case of land repurposing without setting up an investment project includes:

a) An application form for assessment, which is made by the applicant for land repurposing using the Form No. 03b to this Circular;

b) The certificate of land use rights or Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses and other properties on land.”

4. Article 7a is added as follows:

 “Article 7a. Applications for adjustment to the Prime Minister’s decisions on land expropriation, allocation, lease or repurposing issued before July 01, 2004

1. The land user shall submit 01 application to the provincial Department of Natural Resources and Environment, including:

a) An application form for adjustment to the Prime Minister’s decision on land expropriation, allocation, lease or repurposing issued before July 01, 2004, which is made using the Form No. 03c to this Circular;

b) A copy of the Prime Minister’s decision on land expropriation, allocation, lease or repurposing issued before July 01, 2004;

c) A copy of the issued Certificate of land use rights or Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses and other properties on land (if any);

d) A copy of the issued investment license or investment certificate or business registration certificate or written approval for investment guidelines or decision on investment guidelines or investment registration certificate (if any);

2. An application formulated and submitted by the provincial Department of Natural Resources and Environment to the provincial People’s Committee:

a) An application form, which is made using the Form No. 03d to this Circular;

b) The documents mentioned in Clause 1 of this Article;

c) A competent authority’s written request for adjustment to the Prime Minister’s decision on land expropriation, allocation, lease or repurposing (if any);

d) A copy of cadastral map extract or cadastral measurement extract of the land parcel (included in the previous applications for land allocation or lease).

3. An application for assessment which is made and submitted by the provincial People’s Committee to the Ministry of Natural Resources and Environment where the decision adjustment must be reported to the Prime Minister includes:

a) An application form, which is made using the Form No. 03dd to this Circular;

b) The documents mentioned in Clause 1 of this Article;

c) A competent authority’s written request for adjustment to the Prime Minister’s decision on land expropriation, allocation, lease or repurposing (if any);

d) A copy of cadastral map extract or cadastral measurement extract of the land parcel (included in the previous applications for land allocation or lease).

4. An application formulated and submitted by the Ministry of Natural Resources and Environment to the Prime Minister includes:

a) An application form submitted to the Prime Minister;

b) The documents mentioned in Clause 3 of this Article;

c) A document of relevant ministries stating their comments on the adjustment to the Prime Minister’s decision on land expropriation, allocation, lease or repurposing if the project requires comments from ministries (if any).”

Article 10. Amendments to the  Circular No. 36/2014/TT-BTNMT dated June 30, 2014 on land pricing method; compilation and adjustment of land price lists; determination of specific land prices and consultancy on land pricing

Article 7 is amended as follows:

“Article 7. Land price coefficient-based method

Procedures for determining land prices using the land price coefficient-based method:

1. Carry out a survey and collect information

a) Carry out a survey and collect information about prices of at least 03 parcels of land that have been transferred or sold at a land auction within a period of 02 years by the time of pricing in each location of land (according to the land price list) in the target area.

If information about land prices in the target area is not sufficient, information shall be obtained from adjacent areas with natural conditions, socio-economic conditions, technical and social infrastructure similar to those in the target area.

During the survey, the surveyors shall follow the instructions in Point d Clause 1 Article 3 of this Circular.

b) If income obtained from and cost of use of the land parcels have been determined, information about income obtained from and cost of using at least 03 parcels of land in each position of land (according to the land price list) in the same target area shall be collected to determine land prices using income-based method.

c) Collect information about local socio-economic conditions.

2. Determine common land prices at each location

a) Determine market land prices at each location according to the information collected as prescribed in Points a and b Clause 1 of this Article.

b) Common land prices of each location shall be determined in accordance with Clause 3 Article 3 of the Decree No. 44/2014/ND-CP. If market land prices fall within a price range, the common land price shall be the arithmetic mean of the prices at that location.

3. Determine land price coefficients

Land pricing coefficients are determined according to common land prices, local socio-economic conditions and land prices on the land price list. If information about the market land prices is not sufficient to determine common land prices specified in Point b Clause 2 of this Article, land price coefficients shall be formulated according to local socio-economic conditions, specific land prices approved by a competent authority and land prices on the land price list.

Land price coefficients specified in Point b Clause 2 Article 18 of the Decree No. 44/2014/ND-CP shall be formulated for each type of land and location according to the project. In the areas where many land expropriation projects are executed at the same time and similar natural and socio-economic conditions, and technical and social infrastructure are available, the land price coefficients shall be formulated for each type of land and location by area.

4. Determine of target land parcel

Article 11. Amendments to the Circular No. 37/2014/Circular-BTNMT dated June 30, 2014 elaborating compensation, assistance and relocation upon land expropriation by the State

1. Article 5 is amended as follows:

“Article 5. Determination of agricultural land area for the purpose of calculating assistance in life stabilization upon land expropriation by the State

1. The agricultural land expropriated for calculation of assistance in life stabilization specified in Point b, Clause 3, Article 19 of the Decree No. 47/2014/ND-CP shall be determined according to each land expropriation decision of the competent People’s Committee without accumulation of the agricultural land area previously expropriated.

2. The agricultural land used for determination of assistance in life stabilization is the area of agricultural land that is being used by a household or individual within the commune where the expropriated land is located at the time of issuance of the decision on land expropriation, including:

a) The agricultural land allocated by the State to a household or individual engaged directly in agricultural production upon the implementation of the Government’s Decree No. 64/CP dated September 27, 1993 on the regulation on allocation of agricultural land to households and individuals that use the lands permanently for agricultural production; the Government’s Decree No. 85/1999/ND-CP dated August 28, 1999 on amendments to certain articles of the regulation of allocation of agricultural lands to households and individuals that use the lands permanently for agricultural production and on the supplemented allocation of salt-making lands to households and individuals that use the lands permanently; the Government’s Decree No. 02/CP dated January 15, 1994 on the regulation of allocation of forest lands to organizations, households and individuals that use the lands permanently for forestry; the Government’s Decree No. 163/1999/ND0CP dated November 16, 1999 on the allocation and lease of forest lands to organizations, households and individuals that use the lands permanently for forestry; and the government’s Decree No. 181/2004/ND-CP dated October 29, 2004 on the implementation of the Land Law and Section 1, Article 54 of the Land Law;

b) The agricultural land of a household or individual that is eligible for the allocation of agricultural lands in accordance with regulations of the Land Law and is using agricultural lands acquired through transfer, inheritance, donation or reclamation as per the law, providing that the People's Committee of the commune where such lands exist confirms their direct engagement in production activities on the agricultural lands;

c) The agricultural land of a household or individual that signs a contract with a state-owned agricultural or forestry plantation to use such land for the purpose of agriculture, forestry or aquaculture (except special-use forest lands and protection forest lands) and earns stable incomes from agricultural and forest production developed on such land at the date of expropriation.

d) The household or individual's contracted agricultural land from an agricultural or forestry company that was converted from a state-owned agricultural or forestry plantation, providing that the land user directly participates in and earns a stable earning from agricultural production activities on such land.

dd) The household or individual's contracted agricultural land from agricultural production groups or

3. In case a household or individual defined in Clause 2 of this Article that has their agricultural land expropriated below 30% and such expropriation affects their life and production, the People’s committee of the province shall, according to local conditions, decide other assistance measures according to the regulations specified in Article 25 of the Decree No. 47/2014/ND-CP.”

2. Article 5a is added as follows:

“Article 5a. Land prices as the basis for determination of assistance provided for tenants of state-owned houses which are located in the area of land to be expropriated and thus will be demolished

Where relocation house is unavailable to be provided as prescribed in Clause 2 Article 14 of the Decree No. 47/2014/ND-CP land prices as the basis for determination of assistance provided for tenants of state-owned houses which are located in the area of land to be expropriated and thus will be demolished are the specific land prices determined according to the land price coefficient-based method.”

3. Article 6a is added as follows:

“Article 6a. Compensation and assistance in case of the area of agricultural land or non-agricultural land that is not homestead land remaining after expropriation and no longer suitable for residential purposes

In case household or individual is using agricultural land or non-agricultural land that is not homestead land upon land expropriation by the state and the remaining land area of the parcel after expropriation is no longer suitable for residential purposes in accordance with regulations of the People’s Committee of the province, the competent People's Committee shall consider expropriating such land if the land user so wishes. In case of land expropriation, the compensation and assistance shall be provided in accordance with regulations of law and specified in the compensation, assistance and relocation plan.”

Article 12. Amendments to the Circular No. 02/2015/TT-BTNMT dated January 27, 2015 elaborating some Articles of the Government’s Decrees No. 43/2014/ND-CP and No. 44/2014/ND-CP

1. Clause 1, Article 11 is amended as follows:

“1. Cases where the repurposing of land is carried out without submission of application for permission of competent authorities but registration for changes:

a) Repurpose agricultural land for annual plants into other agricultural lands, including land for construction of greenhouses and other types of houses for planting purposes; land for construction of facilities for breeding livestock, poultry, and other animals permitted by the law; land for aquaculture for study and research purposes;

b) Repurpose other agricultural lands for annual plants or land for aquaculture into agricultural land for perennial plants;

c) Repurpose agricultural land for perennial plants into land for aquaculture or land for perennial plants;

d) Repurpose homestead land into non-agricultural land that is not homestead;

dd) Repurpose commercial land into non-farming business land that is not commercial land; repurpose non-farming business land that is not commercial land or land of non-agricultural production establishment into land for construction of public service buildings.”

2. Article 8 is amended as follows:

“Article 8. Use of land in case of conversion of a sole proprietorship to a limited liability company

In case of conversion from a limited liability company to a joint-stock company or from a joint-stock company to a limited liability company, from a single-member limited liability company to a multi-member limited liability company or from a multi-member limited liability company to a single-member limited liability company or from a sole proprietorship into a limited liability company, except for the equitization of state-owned enterprises, land shall be used as follows:

1. Conversion of an enterprise without land repurposing:

a) In case an enterprise, before conversion, was allocated land by the State and did not have to pay land levy or leased out land by the State and paid a lump-sum rent for the entire lease term, allocated levied land by the State, received land use rights for which the land levy and land rent were already paid or the amount paid for the transfer is sourced from the State budget, the provincial Department of Natural Resources and Environment shall request the provincial People’s Committee to decide the allocation or lease of land to the enterprise after conversion according to regulations of law on land.

The land prices as the basis for determination of land levy and lend rent are the specific land prices decided by the provincial People’s Committee at the time of allocation or lease of land by the State to the enterprise after conversion;

b) In case an enterprise, before conversion, was leased out land by the State and paid land rent on an annual basis, allocated levied land by the State or leased out land by the State and paid a lump-sum rent for the entire lease term, received land use rights for which the land levy and land rent were already paid or the amount paid for the transfer is not sourced from the State budget, the enterprise, after conversion, shall register changes to land and properties on land as prescribed in Article 85 of the Decree No. 43/2014/ND-CP and shall re-sign land rent contract with the provincial Department of Natural Resources and Environment in case of renting lend without re-issuing the land lease decision.

Land prices as the basis for determination of land rent in case the enterprise after conversion rents land and pays land rent on an annual basis are the land prices already decided to determine land rent applied to the enterprise before conversion, if the conversion is carried out in the 05-year period over which the land rent remains unchanged and shall be re-determined according to the Government’s Decree No. 46/2014/ND-CP dated May 15, 2014 after the end of such 05-year period.

2. In case the conversion of an enterprise is carried out together with land repurposing, the land repurposing shall be carried out as prescribed together with the allocation or lease of land or registration of changes to land and properties on land according to Clause 1 of this Article.

If the land purposing is subject to permission of a competent authority, the land prices as the basis for determination of land levy and land rent are the specific land prices decided by the provincial People’s Committee when the decision on land repurposing is issued by the competent authority.”

3. Clause 3 is added to Article 17 as follows:

“3. In case the duration of use of agricultural land specified in the previously issued Certificate is permanent, such duration shall be re-determined as prescribed by the 2013 Land Law upon replacement of the Certificate.”