Circular No. 01/2005/TT-BTNMT guiding the implementation of certain provisions of Government Decree No. 181/2004/NĐ-CP dated October 29, 2004 on the enforcement of the Land Law

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 181/2004/NĐ-CP

dated October 29, 2004 on the Implementation of the Land Law

This Circular provides guidelines for implementing certain provisions of Decree No. 181/2004/NĐ-CP dated October 29, 2004 on the Implementation of the Land Law (hereinafter referred to as Decree 181), which have been requested by provinces, centrally governed cities, and land users to be further specified during the implementation process.

I. GUIDELINES FOR ADDITIONAL PROVISIONS ON GRANTING LAND, LEASING LAND, DETERMINING THE PURPOSE OF LAND USE, DETERMINING THE TERM OF LAND USE, RECOVERY OF LAND, AND RECOGNITION OF RIGHTS TO LAND USE

1. Regarding applications for granting land, leasing land, and changing the purpose of land use submitted before November 16, 2004

1.1. For applications for granting land, leasing land, and changing the purpose of land use submitted before November 16, 2004 (the date when Decree 181 took effect), if they fall under the following cases, continue to implement the granting of land, leasing of land, and permission to change the purpose of land use according to the laws on land management prior to July 1, 2004 (the date when the Land Law took effect):

a) The project has been approved by competent state agencies in accordance with the laws on investment before November 16, 2004, for projects funded from the state budget or foreign investment projects;

b) Full application files for granting land, leasing land have been submitted to the competent agency in accordance with the regulations of the provincial People's Committee or centrally governed city People's Committee before November 16, 2004, for projects not funded from the state budget or not being foreign investment projects;

c) Full application files for granting land, leasing land by households and individuals, and full application files for changing the purpose of land use by organizations, households, and individuals have been submitted to the competent agency in accordance with the regulations of the provincial People's Committee or centrally governed city People's Committee before November 16, 2004.

1.2. Subjects who are granted land, leased land, or permitted to change the purpose of land use in the cases stipulated in Point 1.1 of this Section must fulfill their financial obligations to the State in accordance with current regulations.

1.3. The processing of applications for granting land, leasing land, and changing the purpose of land use in the cases stipulated in Point 1.1 of this Section must be completed before June 30, 2005.

2. Regarding the recognition of rights to land use when implementing Clause 3 of Article 48 of Decree 181

Households and individuals currently using land that was previously managed by the State in accordance with the policies on land management of the State as stipulated in Point a and Point d of Clause 1 of Article 4 of Decree 181, but in reality, the State has not made a management decision or implemented management, may continue to use the land, be issued a certificate of land use rights, and are exempted from paying land use fees.

3. Regarding the term of land use

3.1. The term of land use for those who win the auction of land use rights shall be determined based on the following grounds:

a) The purpose of land use already determined for the land put up for auction;

b) The term of land use for each purpose of land use as prescribed in Articles 66 and 67 of the Land Law.

3.2. Economic organizations, households, and individuals currently using land as a production and business site, upon issuance of a certificate of land use rights, shall have their term of land use determined as follows:

a) In cases where there are valid documents regarding land use rights that clearly specify the term of land use according to the laws on land management, the term of land use shall be determined according to such documents;

b) In cases where there are documents regarding land use rights that do not specify the term of land use or specify a term of land use that does not comply with the laws on land management, the term of land use shall be determined according to Article 67 of the Land Law and Article 78 of Decree 181; the term of land use shall be calculated from October 15, 1993, for land use prior to October 15, 1993, and from the date of the decision to grant land or lease land for land use from October 15, 1993 onwards;

c) In cases where there are no documents regarding land use rights, the term of land use shall be determined according to Article 67 of the Land Law and Article 78 of Decree 181; the term of land use shall be calculated from October 15, 1993, for land use prior to October 15, 1993, and from the date of issuance of the certificate of land use rights for land use from October 15, 1993 onwards;

3.3. The term of land use determined according to Points 3.1 and 3.2 of this Section shall be recorded on the certificate of land use rights issued to the land user.

4. Regarding the determination of the main purpose of land use and other purposes of land use for a plot of land

4.1. The determination of the main purpose of land use and other purposes of land use for a plot of land as stipulated in Clause 2 of Article 6 of Decree 181 is specified as follows:

a) The main purpose of land use is determined in accordance with Article 14 of the Land Law; apart from the main purpose, the land user may use the land for other purposes without affecting the main purpose of land use;

b) For non-agricultural land, the main purpose of land use and other purposes of land use for a plot of land must be of the same type of land granted by the State without payment of land use fees or of the same type of land granted by the State with payment of land use fees or leased by the State;

c) For investment projects to construct infrastructure for business, investment projects to construct housing for business, and non-agricultural production and business projects where the project includes multiple construction works with different purposes of land use, the area for the main purpose of land use and the areas for other purposes of land use must be clearly stated in the project approval document or the document assessing the need for land use of the project.

4.2. The term of land use for a plot of land with a main purpose of land use and other purposes of land use is the term of land use for the main purpose of land use.

In the case of high-rise residential construction projects where some floors are used for residential apartments and other floors are used for service, commercial, and rental purposes, the primary purpose of land use is residential land use, and the term of land use for the plot is long-term stability.

II. GUIDANCE ON HANDLING LAND FOR IMPLEMENTING INVESTMENT PROJECTS

1. Regarding the implementation of projects using land funds to create capital for infrastructure construction

1.1. For projects that have been implemented and have completed the land transfer process to the investor for the land returned to the investor, where the investor is allowed to use the land with a long-term stability term as stipulated in point c, Clause 1, Article 5 of Decree No. 04/2000/NĐ-CP dated February 11, 2000 of the Government on the implementation of the Law Amending and Supplementing Certain Provisions of the Land Law, such projects may continue to be used with a long-term stability term.

1.2. For projects included in the list of projects using land funds to create capital for infrastructure construction of localities approved by the Prime Minister before July 1, 2004, the following handling measures apply:

a) In cases where the People's Committee of the province or centrally governed city has organized bidding or designated the bidder before November 16, 2004 to select the project investor to implement infrastructure construction projects according to the procedures specified in Article 23 of Decree No. 04/2000/NĐ-CP, they may continue to implement according to those procedures; the People's Committee of the province or centrally governed city decides to transfer land for infrastructure construction and transfer land to the investor who has invested in infrastructure construction according to the authority prescribed in the Land Law;

b) In cases where the People's Committee of the province or centrally governed city has organized bidding or designated the bidder from November 16, 2004 to the date this Circular takes effect without complying with the land use right auction method or project bidding involving land use rights for land funds used to create capital for infrastructure construction as stipulated in Article 62 of Decree 181, the results must be nullified and the process must be carried out according to the provisions of Article 62 of Decree 181;

c) In cases where the People's Committee of the province or centrally governed city has not yet organized bidding or designated the bidder to select the project investor, the land use right auction or project bidding involving land use rights for land funds used to create capital for infrastructure construction must be conducted according to the provisions of Article 62 of Decree 181.

2. Regarding the case where the investor receives the transfer of land use rights, leases land use rights, or receives capital contributions in the form of land use rights to implement the project

2.1. In cases where the purpose of land use for the project differs from the purpose of land use for the plot but the use of land to implement the project is consistent with the approved land use plan and land use plan, the procedure for handling shall be carried out as follows:

a) In cases where the investor leases land use rights or receives capital contributions in the form of land use rights from the current land user, the procedures for registering or allowing the change of land use purpose for the current land user must be completed before the investor's procedures for leasing land use rights or receiving capital contributions in the form of land use rights are carried out;

b) In cases where the investor receives the transfer of land use rights from the current land user, the procedures for transferring land use rights must be completed before the procedures for registering or allowing the change of land use purpose for the investor are carried out;

c) In cases where the investor leases land use rights or receives capital contributions in the form of agricultural land use rights from households or individuals, before leasing land use rights or contributing capital in the form of land use rights, the household or individual must complete the procedures for changing the land use purpose and fulfill financial obligations as prescribed by law. The term of land use after the change of land use purpose must be consistent with the term of the investment project;

d) In cases where the investor leases land use rights or receives capital contributions in the form of non-agricultural land use rights with a term from organizations, households, or individuals, after the lease term or contribution term expires, the investor may continue to lease land from the State for the remaining term of the investment project.

2.2. In cases within the area implementing economic development projects that do not fall under the category of land reclaimed by the State (the investor directly agrees with the current land user to receive the transfer of land use rights, lease land use rights, or receive capital contributions in the form of land use rights to obtain land for the project as stipulated in Clause 6, Article 36 of Decree 181), if part of the land area cannot participate in the real estate market, the People's Committee of the province or centrally governed city where the land is located shall reclaim the land for leasing or transferring to the investor according to the following regulations:

a) The use of land to implement the project must be consistent with the approved land use plan and land use plan; in cases requiring a change of land use purpose, permission from the competent state agency or registration according to the provisions of Clause 1 and Clause 2, Article 36 of the Land Law must be obtained;

b) The People's Committee of the province or centrally governed city shall carry out land reclamation according to the provisions of Articles 39 and 40 of the Land Law, decide to lease or transfer land without conducting a land use right auction to the investor for the portion of the land area that cannot participate in the real estate market; the land price for transfer or lease shall be calculated based on the land price determined by the People's Committee of the province or centrally governed city where the land is located;

c) The term of land transfer or lease must be consistent with the term of land use determined in the investment project;

d) Full payment of land use fees or lease fees must be made into the State budget.

2.3. In cases where the project area includes multiple land areas with different origins such as transferred acquisition, lease of land use rights from current land users, capital contribution, state allocation, or state leasing, the land use right certificate shall be issued for the entire project area as a new plot of land, wherein at Point 8 Section II (Land Use Origin) on the land use right certificate, the area of land for each land use origin must be clearly recorded. If there is not enough space to record each land use origin at Point 8 Section II, then an additional page shall be created according to Model No. 01 issued along with this Circular and affixed with the overlapping seal (seal of the natural resources and environment authority) to Page 4 of the land use right certificate.

3. Regarding the recovery of land for urban renovation and development and rural residential area development.

3.1. The State recovers land for urban renovation and development and rural residential area development as stipulated in Clause 1 Article 36 of Decree 181, including land for infrastructure construction projects, social infrastructure, administrative zones, residential zones, production and service zones, public works, national defense, security, religious facilities, cemeteries, and graveyards within urban areas, rural residential areas, planned urban areas, and planned rural residential areas.

3.2. The recovery of land for the projects specified in Point 3.1 above shall be carried out in accordance with the planning area after the land use plan has been announced or implemented according to investment projects that require land use consistent with the approved land use plan, determined in the detailed urban construction plan or the approved rural residential point plan.

3.3. The State allocates land or leases land for the implementation of projects specified in Point 3.1 above in accordance with the methods prescribed in Articles 61 and 62 of Decree 181.

4. Regarding the transfer of land use rights granted for implementing projects in the fields of healthcare, culture, education-training, sports-recreation.

4.1. Organizations and individuals granted land free of land use fee for implementing projects in the fields of healthcare, culture, education-training, sports-recreation during the construction period if they are unable to continue implementing the investment project, the State will recover the land; the invested assets on the land will be handled in accordance with Article 35 of Decree 181.

4.2. In cases where the basic construction phase of the project has been completed, if the investor is unable to continue implementing the project, they may sell the assets attached to the land; the buyer of the assets must continue to implement the project and use the land for the approved purpose.

5. Regarding mortgaging or guaranteeing land use rights for the case of subleasing land in industrial parks, high-tech zones, economic zones.

5.1. Economic organizations granted land by the State for investment and business infrastructure construction in industrial parks and similar areas within economic zones, high-tech zones as stipulated in Point d Clause 5 Article 41 of Decree 181 (collectively referred to as industrial parks), if they pay annual land rental fees, have the right to sublease the land that has been fully developed with infrastructure construction according to Point d Clause 1 Article 111 of the Land Law; if the sublessee has paid rent for the entire sublease period, the sublessee can mortgage or guarantee their land use rights and assets attached to the land at credit institutions permitted to operate in Vietnam.

5.2. In cases where the land use rights and assets attached to the land that have been mortgaged or guaranteed need to be processed to recover debts, the person receiving the land use rights and assets attached to the land can continue to use the land for the remaining term according to the sublease contract.

III. SUPPLEMENTARY PROVISIONS ON LAND USE RIGHT CERTIFICATES

1. Regarding correction and recovery of land use right certificates.

1.1. The correction of information recorded on the land use right certificate as stipulated in Clause 1 Article 42 of Decree 181 shall be carried out as follows:

a) The natural resources and environment authority shall correct the information recorded on the land use right certificate in accordance with the provisions of the Land Law for land use right certificates issued by the same-level People's Committee.

b) In cases where the land use right certificate was issued before July 1, 2004, the correction of information shall be regulated as follows:

b1) The Department of Natural Resources and Environment shall correct the information recorded on the land use right certificate issued to organizations, religious establishments, overseas Vietnamese using land to implement investment projects, foreign organizations, and foreign individuals.

b2) The District Natural Resources and Environment Office shall correct the information recorded on the land use right certificate issued to households, individuals, overseas Vietnamese purchasing houses with attached land, and community residents.

c) In cases where it is necessary to correct the parcel map, making the parcel map unclear, an additional parcel map page shall be added in accordance with Section 2 Part of this provision.

d) In cases where the correction due to numerous technical errors makes the content of the land use right certificate unclear after correction, a new land use right certificate shall be issued as provided for in Point e Clause 5 Article 41 of Decree 181.

đ) The correction of information recorded on the land use right certificate shall be carried out when there is a request or document identifying errors in the recorded information, accompanied by a written review opinion from the Land Registration Office where the land is located or a verification report from a verification team established by the competent natural resources and environment authority for correction.

1.2. The recovery of land use right certificates as stipulated in Clause 2 Article 42 of Decree 181 shall be carried out as follows:

a) The natural resources and environment authority shall recover the land use right certificate in accordance with the provisions of the Land Law for land use right certificates issued by the same-level People's Committee.

b) For land use right certificates issued before July 1, 2004, the authority to revoke land use right certificates in cases of natural landslides affecting the entire plot, land recovery, or when issuing new or renewed land use right certificates due to changes in plot boundaries shall be regulated as follows:

b1) The Department of Natural Resources and Environment shall revoke land use right certificates issued to organizations, religious institutions, overseas Vietnamese using land for investment projects, foreign organizations, and foreign individuals.

b2) The District Office of Natural Resources and Environment shall revoke land use right certificates issued to households, individuals, overseas Vietnamese purchasing houses with attached residential land, and community residents.

c) When revoking land use right certificates, the Department of Natural Resources and Environment or the District Office of Natural Resources and Environment does not need to issue administrative decisions on the revocation of land use right certificates but shall simultaneously carry out procedures for renewing or issuing new land use right certificates and recovering land.

1.3. The revocation of land use right certificates as stipulated in Clause 3, Article 42 of Decree 181 shall be carried out by natural resources and environment agencies according to their authority specified in point 1.2 of this section immediately after court judgments, decisions, or enforcement agency decisions become effective.

2. Regarding the supplementary page for the plot map attached to the land use right certificate

In cases where the land use right certificate needs correction, changes in land use, or additions or corrections to changes in property attached to the land make the plot map at Section V on the land use right certificate unclear, a new plot map including attached property (if any) shall be drawn on the supplementary page for the plot map according to Model No. 02 issued together with this Circular. This supplementary page must be numbered sequentially and stamped (with the stamp of the natural resources and environment agency) with page 3 of the land use right certificate.

3. Regarding the recording of names on the land use right certificate

The recording of the name of the land user on the land use right certificate as stipulated in Article 43 of Decree 181 for jointly owned land shall be implemented as follows:

3.1. In cases where a household receives state-granted agricultural land without payment of land use fees or state-granted residential land with payment of land use fees, and all members of the household have been recorded in the land grant decision, at Section I (Name of Land User) on the land use right certificate, "Household" and the full names of both the wife and husband must be recorded; if the land user requests to record only the name of either the wife or the husband, there must be a written agreement between the wife and husband certified by the People's Committee of the commune, ward, or town.

3.2. In cases where both the wife and husband jointly receive the transfer of land use rights (both named in the Contract or document receiving land use rights), at Section I on the land use right certificate, the full names of both the wife and husband must be recorded; if the land user requests to record only the name of either the wife or the husband, there must be a written agreement between the wife and husband certified by the People's Committee of the commune, ward, or town.

3.3. In cases where a household receives the transfer of land use rights and the land use rights are common property of all household members fully recorded in the documents regarding the transfer of land use rights, at Section I on the land use right certificate, the name of the head of the household or the full names of both the wife and husband (one of whom is the head of the household) or the name of the representative of the household must be recorded; the name recorded on the land use right certificate must be agreed upon in writing by all household members certified by the People's Committee of the commune, ward, or town.

3.4. In cases where multiple land users jointly own a plot of land and all their names must be recorded but there is insufficient space at Section I on the land use right certificate, only the names of those who received the land use right certificate will be recorded at Section I followed by "along with other land users whose names are listed in the list attached to this certificate"; the list of joint land users must be printed or written on the additional page according to Model No. 03 issued together with this Circular. This additional page, once completed, must be stamped (with the stamp of the natural resources and environment agency) with page 4 of the land use right certificate.

3.5. In cases where multiple heirs inherit land use rights according to the law, the names of the land users on the land use right certificate shall be recorded as follows:

a) When all heirs entitled to inheritance under the law have been identified, the names of the land users on the land use right certificate shall be recorded according to the provisions of point 3.4 of this section;

b) When not all heirs entitled to inheritance under the law have been identified, only one (01) land use right certificate shall be issued to the representative, at Section I on the land use right certificate, "Representative is" followed by the name of the representative; a list of other heirs with joint land use rights shall be established according to the provisions of point 3.4 of this section. At Section IV (Notes), it shall be noted: "Land user rights not yet executed."

4. Regarding the issuance of land use right certificates for agricultural land consisting of several adjacent plots belonging to the same land user

4.1. In cases where there are several adjacent agricultural plots belonging to the same land user and the land user requests, one (01) land use right certificate may be issued for all these plots without having to go through the procedure of consolidating these plots into one (01) plot.

4.2. The plot map at Section V on the land use right certificate must show all adjacent plots.

4.3. Section II (Plot of land being used) on the land use right certificate shall be recorded as follows:

a) Do not record the contents of point 1 (Plot number) and point 2 (Map sheet number);

b) At Point 3 (Land Plot Address), record the address of the area comprising adjacent land plots;

c) At Point 4 (Area), record the total usable area of all adjacent land plots;

d) At Point 5 (Form of Land Use), record the total usable area for all adjacent land plots;

đ) At Point 6 (Purpose of Land Use), record "agricultural land";

e) Do not record content at Point 7 (Term of Land Use) and Point 8 (Source of Land Use);

4.4. Prepare a statistical table of land plots entitled to use on a supplementary page according to Model No. 04 issued together with this Circular. The supplementary page, once prepared, shall be stamped with a cross-stamp (stamp of the natural resources and environment authority) with Page 4 of the land use right certificate;

5. Regarding the recording of property attached to the land on the land use right certificate;

5.1. The recording of property attached to the land when issuing the land use right certificate for the first time shall be carried out as follows:

a) Do not survey, record content in Section III (Property Attached to the Land) on the land use right certificate and in Section III (Changes during the process of land use and notes) on the cadastral book for the following cases:

a1) Agricultural land for annual crops;

a2) Land where no property has been formed on the land at the time of issuing the land use right certificate;

a3) The person receiving the land use right certificate does not have the need to record property attached to the land;

b) In cases not covered by sub-clause a of this point, property attached to the land shall be surveyed and reflected on the cadastral map; record content in Section III on the land use right certificate and Section III on the cadastral book as follows:

b1) For residential buildings (not apartment buildings) or other construction works in the form of houses, record "Residential building (or Factory building, Warehouse,...), …floors (record number of floors), construction area …m² (record占地面积), type of building ... (record the material of the load-bearing structure, the material of the wall, the material of the floor for multi-story buildings, the material of the roof)";

b2) For apartment buildings, record (on the land use right certificate issued to the developer or owner of the apartment building and corresponding content on the cadastral book) "Apartment building …floors (record number of floors), construction area …m² (record占地面积), total number …apartments (record total number of apartments), type of building …(record the material of the load-bearing structure, the material of the wall, the material of the floor for multi-story buildings; the material of the roof; if the type of building already has a standard model, only record the general type of building such as prefabricated concrete buildings without specifying the specific types of walls, floors, roofs)";

b3) For apartments of apartment buildings owned by households or individuals, record (on the land use right certificate issued to the owner of the apartment of the apartment building and corresponding content on the cadastral book) "Apartment, number …(record apartment number), floor number …(record the floor position of the apartment), area …m² (record使用面积)";

b4) For infrastructure engineering works or other architectural works, record "Engineering work …(record the type of engineering work such as industrial park infrastructure, transportation, water conservancy, recreational area, other construction works), including items: …, area …m²; ... , area …m²; ... (record the name of specific engineering works and the area occupied by each item)";

b5) For forest trees or perennial trees, record "Forest trees (or Perennial trees) …(record the type of forest trees or perennial trees), area …m² (record面积)";

c) If the owner of the property attached to the land has been confirmed according to the provisions of the law, then after recording the content as stipulated in sub-clause b of this point, record "owned by …(record the name of the owner)" in Section III on the land use right certificate and Section III on the cadastral book;

d) The diagram of property attached to the land shall be drawn on the land plot diagram at Section V on the land use right certificate, including the boundaries of houses, construction works, architectural structures, forest areas, perennial trees, recreational areas, waste treatment areas, and other construction works; in cases where the boundaries are straight lines, record the length of the sides in meters rounded to one decimal place along those lines;

đ) The provisions regarding the recording of property attached to the land in sub-clause b of this point replace the provisions in Clause 4, Article 3 of the Regulations on the Land Use Right Certificate issued together with Decision No. 24/2004/QĐ-BTNMT dated November 1, 2004 of the Minister of Natural Resources and Environment and the guidance on recording property attached to the land from line 1 to line 6 on Page 4 of the cadastral book model issued together with Circular No. 29/2004/TT-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment on guiding the establishment, amendment, and management of cadastral records;

The provisions regarding the drawing of diagrams of property attached to the land in sub-clause d of this point replace the provisions in Point c, Clause 6, Article 3 of the Regulations on the Land Use Right Certificate issued together with Decision No. 24/2004/QĐ-BTNMT dated November 1, 2004 of the Minister of Natural Resources and Environment;

5.2. The supplementary recording of property attached to the land on the land use right certificate that has already been issued and on the cadastral book shall be carried out as follows:

a) The supplementary recording of property attached to the land shall be carried out when the property attached to the land was not recorded when issuing the land use right certificate or for property attached to the land formed after issuing the land use right certificate;

b) Supplementary recording of property attached to the land shall be recorded in Section VI (Changes after issuance of the land use right certificate) on the land use right certificate and in Section III (Changes during the process of land use and notes) on the cadastral book as follows:

b1) Column Date, month, year: record the date of the supplementary recording of property attached to the land on the land use right certificate,

b2) Column Content of change and legal basis: record information about the property attached to the land according to the provisions in sub-clause b of Point 5.1 of this section,

b3) Column Confirmation by competent authority: The head of the natural resources and environment authority signs and stamps confirmation within their authority;

c) Supplement a diagram of immovable property attached to the land to the parcel map already drawn at Section V (Parcel Map) on the certificate of land use right.

5.3. The amendment of changes related to immovable property attached to the land on the certificate of land use right and in the land registry shall be carried out in accordance with the following provisions:

a) In cases where there is a change in the type of immovable property attached to the land or a change in the scale of immovable property attached to the land recorded on the certificate of land use right, it is necessary to amend the changes related to immovable property attached to the land on the certificate of land use right.

b) Strike through in red ink the information about immovable property attached to the land recorded in Item III on the page of the land registry.

c) The amendment of changes related to immovable property attached to the land on the certificate of land use right and in the land registry shall be carried out in accordance with the provisions of sub-item b and sub-item c point 5.2 of this section.

In cases where the amendment of changes related to immovable property on the land makes the parcel map unclear, an additional page of the parcel map shall be supplemented in accordance with the provisions of Section 2 of this Part.

6. Regarding the amendment of changes on the certificate of ownership of housing and land use rights issued in accordance with Decree No. 60/CP dated July 5, 1994 of the Government.

6.1. In cases where there are changes in land use not covered by point 6.2 of this section or changes in immovable property attached to the land, such changes shall be recorded on the certificate of ownership of housing and land use rights or on the supplementary page of the certificate of land use right in accordance with the regulations on the certificate of land use right issued together with it.

6.2. In cases where there are changes in land use that require issuing a new certificate of land use right in accordance with Clause 4 Article 48 of the Land Law and Clause 5 Article 41 of Decree 181, or if the land user requests a replacement certificate, the competent state agency shall issue a replacement certificate according to the form prescribed in Decision No. 24/2004/QĐ-BTNMT dated November 1, 2004 of the Minister of Natural Resources and Environment; the information and diagrams about housing attached to residential land recorded on the certificate of ownership of housing and land use rights shall be recorded on the new certificate, including recording the name of the owner of the housing, the number of the issued certificate, date and issuing authority.

7. Regarding the issuance of certificates of land use right for religious organizations currently using agricultural land.

7.1. The area of land, including both agricultural and non-agricultural land currently used by religious organizations, shall be granted a certificate of land use right after being processed in accordance with Clause 2 Article 55 of Decree 181 and meeting the conditions stipulated in Clause 4 Article 51 of the Land Law.

7.2. The term of use for agricultural land used by religious organizations shall be applied as the term of use for agricultural land used by households and individuals as stipulated in Clause 1 Article 67 of the Land Law.

8. Regarding the issuance of certificates of land use right for enterprises when changing legal status.

8.1. In cases where households or individuals establish a private enterprise and transfer their land use rights to the private enterprise for use, the private enterprise may continue to use the land; if the private enterprise requests, the Department of Natural Resources and Environment shall be responsible for amending the changes in the name of the land user on the certificate of land use right previously issued to the household or individual.

8.2. In cases where a cooperative dissolves to establish a private enterprise, limited liability company, or joint stock company, procedures for the State to reclaim land must be implemented for land transferred to the cooperative without payment of land use fees, and procedures for transferring land or leasing land to the newly established legal entity must be carried out in accordance with the laws on land; for other types of land, they shall be handled in accordance with Article 109 of Decree 181.

8.3. In cases where a private enterprise dissolves to establish a limited liability company or joint stock company, the transfer of land use rights shall be carried out in accordance with the laws on land; the Department of Natural Resources and Environment shall amend the changes in the name of the land user on the certificate of land use right previously issued or issue a new certificate of land use right when there is a change in the parcel of land.

IV. GUIDANCE ON SUPPLEMENTING SOME PROCEDURES AND ADMINISTRATIVE PROCEDURES.

1. On the procedure and administrative procedures for reviewing land use needs.

The procedure and administrative procedures for reviewing land use needs stipulated in point b clause 1 Article 30 of Decree 181 shall be carried out as follows:

1.1. The project investor who does not use state budget funds or is not a foreign-invested project shall submit seven (07) sets of review files to the Department of Natural Resources and Environment, including:

a) Project document along with all appendices of the project;

b) Decision approving the project by the investor.

1.2. The review of land use needs shall be carried out as follows:

a) Within three (03) working days from the date of receiving complete and valid files, the Department of Natural Resources and Environment shall send the review files to relevant agencies to seek opinions.

b) Within ten (10) working days from the date of receipt of the files, the agencies responsible shall send written comments on land use needs to the Department of Natural Resources and Environment.

c) Within ten (10) working days from the end of the period for soliciting opinions, the Department of Natural Resources and Environment shall be responsible for compiling opinions, carefully reviewing land use needs against the land use standards applicable to the type of land with specified land use standards; forming a review document on land use needs and sending it to the project investor.

2. On the procedure and administrative procedures for confirming compliance with land laws.

The procedure and administrative procedures for confirming compliance with land laws for projects that have been allocated land or leased land are stipulated in Clause 2 Article 30 of Decree 181 and shall be carried out as follows:

2.1. The person applying for land allocation or lease shall prepare a Declaration regarding all areas of land, the status of land use previously allocated or leased by the State, and their own assessment of compliance with land laws during the implementation of each project according to Model No. 05 issued together with this Circular; submit the prepared Declaration to the Department of Natural Resources and Environment where the land being applied for allocation or lease is located.

2.2. Within no more than three (03) working days from the date of receipt of the Declaration, the Department of Natural Resources and Environment shall be responsible for sending a Request Form to the Department of Natural Resources and Environment where the land has been allocated or leased to seek comments; the Request Form shall be prepared according to Model No. 06 issued together with this Circular.

2.3. Within no more than ten (10) working days from the date of receipt of the Request Form, the Department of Natural Resources and Environment requested to confirm shall be responsible for preparing and submitting a Comment Form according to Model No. 07 issued together with this Circular to the Department of Natural Resources and Environment that has the Request Form.

2.4. Within no more than three (03) working days from the date of receipt of the Comment Form, the Department of Natural Resources and Environment where the land being applied for allocation or lease is located shall be responsible for compiling and preparing an Evaluation Form according to Model No. 08 issued together with this Circular and incorporating it into the file for reviewing the land allocation and lease.

3. Regarding the procedures for registering land leasing and subleasing rights attached to infrastructure in industrial zones, high-tech zones, and economic zones.

3.1. The leasing and subleasing of land use rights attached to infrastructure as stipulated in point d, Clause 5, Article 41 of Decree 181 shall be carried out based on a lease contract for land use rights attached to infrastructure between the economic organization using the land and the business investing in constructing and operating infrastructure, confirmed by the Management Board of the industrial zone, economic zone, or high-tech zone; the lessee or sublessee of land attached to infrastructure shall be granted a certificate of land use rights by the State.

3.2. The procedures for registering land leasing and subleasing rights attached to industrial zone infrastructure shall be implemented similarly to the provisions of Article 149 of Decree 181, wherein the Management Board of the industrial zone, economic zone, or high-tech zone shall be responsible for confirming the contract instead of having the contract notarized by the Notary Public, and the Department of Natural Resources and Environment where the land is located shall be responsible for amending the certificate of land use rights already issued to the business investing in constructing and operating infrastructure, and issuing a certificate of land use rights to the lessee or sublessee of land within the industrial zone according to the following:

a) The registration application for leasing and subleasing land use rights attached to infrastructure shall be submitted to the Land Registration Office under the Department of Natural Resources and Environment; the application includes:

a1) A lease or sublease contract for land use rights attached to infrastructure confirmed by the Management Board of the industrial zone, economic zone, or high-tech zone (the contract is established by the parties according to the model prescribed by the Ministry of Justice and the Ministry of Natural Resources and Environment);

a2) Certificate of land use rights.

b) The registration process shall be carried out as follows:

b1) Within no more than two (02) working days from the date of receiving complete and valid documents, the Land Registration Office shall be responsible for examining the documents, extracting copies of the land records, and sending them to the Department of Natural Resources and Environment;

b2) Within no more than two (02) working days from the date of receiving the registration application accompanied by copies of the land records, the Department of Natural Resources and Environment shall be responsible for amending the certificate of land use rights already issued to the business investing in constructing and operating infrastructure; issuing a certificate of land use rights to the lessee or sublessee of land use rights attached to infrastructure, and returning the results to the Land Registration Office;

b3) Within no more than three (03) working days from the date of receiving the resolution results from the Department of Natural Resources and Environment, the Land Registration Office shall be responsible for delivering the amended certificate of land use rights and the newly issued certificate of land use rights to the land user; updating the original land record; sending copies of the amended content and updated original land record to the Land Registration Office under the District People's Committee, Ward People's Committee, Town People's Committee where the land is located for updating the copy of the land record.

4. Regarding the time limit for resolving land disputes when the disputing parties do not have land use rights certificates.

The resolution of the contents stipulated in Articles 159 and 160 of Decree 181 concerning the resolution of land disputes in cases without land use rights certificates shall be carried out within the following time limits:

4.1. The conciliation period at the People's Committee of the commune, ward, town is thirty (30) working days from the date the People's Committee receives the dispute resolution request from the disputing parties.

4.2. The initial dispute resolution period is no more than thirty (30) working days from the date of receipt of the dispute resolution request from the disputing parties.

4.3. Within no more than fifteen (15) working days from the date of receipt of the first decision, if dissatisfied, the disputing parties may submit a request to the competent authority for final resolution of the dispute; requests beyond this period will not be accepted for dispute resolution.

4.4. The final dispute resolution period is no more than forty-five (45) working days from the date of receipt of the dispute resolution request from the disputing parties.

5. Regarding the models of contracts when exercising land users' rights.

The models of contracts when exercising land users' rights are prescribed in the Joint Circular of the Ministry of Justice and the Ministry of Natural Resources and Environment. During the period before the issuance of the Joint Circular, the contracts when exercising land users' rights shall be established according to the model prescribed in Circular No. 1883/2001/TT-TCĐC dated November 12, 2001 of the General Department of Land Administration; the Department of Natural Resources and Environment, the People's Committee of the district, county, town, city under province, the District Office of Natural Resources and Environment, the People's Committee of the commune, ward, town shall not confirm the conditions for exercising rights on the contract.

This Circular takes effect fifteen days after its publication in the Official Gazette.

The People's Committees of provinces and centrally governed cities shall direct the implementation of this Circular. During the implementation process, if there are any issues regarding legal provisions, they must be promptly reported to the Ministry of Natural Resources and Environment for further resolution./.