JOINT CIRCULAR No. 07-TT/LBTL-ĐC GUIDING PROCEDURES FOR THE PREPARATION OF DOCUMENTS TO TRANSFER LAND FOR THE CONSTRUCTION OF IRRIGATION WORKS

CIRCULAR

MINISTRY OF WATER RESOURCES AND LAND ADMINISTRATION

PROCEDURE FOR ESTABLISHING DOCUMENTATION TO TRANSFER LAND FOR CONSTRUCTING IRRIGATION WORKS

PROCEDURE FOR ESTABLISHING DOCUMENTATION TO TRANSFER LAND FOR CONSTRUCTING IRRIGATION WORKS

Pursuant to the Land Law dated July 14, 1993.

Pursuant to Decree No. 177/CP dated October 20, 1994 of the Government on the issuance of the Regulations on Investment Management and Construction.

The Ministry of Water Resources and the General Department of Land Administration provide guidance on establishing documentation for transferring land for constructing irrigation works as follows:

I. General Provisions:

1. The land for constructing irrigation works referred to in this circular is special-use land as defined in Article 62 of the 1993 Land Law, including: land for constructing water reservoirs, dikes, dams, sluices, pumping stations, wells, canals, water pipelines, embankments, and management and exploitation stations attached to irrigation works.

2. Temporary land used for construction sites shall be restored to its original usability by the investor after completion of the works and returned to the land user.

The investor (or the person authorized by the investor) is the individual named in the application for transferring land for constructing irrigation works.

4. Grounds for transferring land for constructing irrigation works:

- Irrigation planning and development plans approved by competent state agencies.

- Land use requirements determined in the investment project or in the design documents for construction projects approved by competent state agencies.

5. Authority to transfer land for constructing irrigation works is implemented according to Article 23 of the 1993 Land Law.

II. Specific Provisions:

A- Documentation for requesting land transfer for constructing irrigation works includes:

1. Application for transferring land for constructing irrigation works (according to Model No. 1);

2. Decision approving the feasibility study report along with the feasibility study report on land occupation for construction works approved by the competent authority;

3. Design layout map of the construction project or overall construction site plan approved by the competent authority;

4. Map of the land requested for transfer for constructing irrigation works at a scale of 1/1000 to 1/10,000. For canal, dike, and water reservoir projects occupying an area of 50 hectares or more, maps at a scale of 1/10,000 to 1/25,000 may be used. These maps must be reviewed and confirmed by the Department of Land Administration (according to Model No. 2);

5. Annual land use plan;

6. Compensation plan for land and property on land approved by the competent authority;

7. Minutes of land review by the Department of Land Administration (according to Model No. 3);

8. Report to the Prime Minister of the People's Committee of the province or centrally-administered city regarding land transfer for construction projects within the Prime Minister's decision-making authority (according to Model No. 4);

9. Decision on establishment of the organization using the land.

For irrigation construction projects where the authority to transfer land belongs to the Government, the documentation is prepared in five copies; if it belongs to the provincial People's Committee, it is prepared in three copies. The documentation is submitted to the local Department of Land Administration.

B- Implementation Procedure:

1. Upon receipt of the documentation, the Department of Land Administration is responsible for:

- Reviewing the documentation, conducting on-site verification, and confirming on the map of the land transfer area.

- Preparing minutes of the documentation review.

- Drafting a report and draft decision on land transfer for the Chairman of the Provincial People's Committee for projects under provincial jurisdiction, or drafting a report for the Provincial People's Committee to submit to the Prime Minister for projects under the Government's jurisdiction, according to Model No. 4 of this circular.

For projects under the Prime Minister's jurisdiction, the land transfer request documentation is sent to the General Department of Land Administration.

2. Time limit for reviewing the documentation:

- Within 15 days from receiving complete documentation from the investor, the Department of Land Administration completes the review of the documentation and drafts the document for submission to the Chairman of the Provincial People's Committee.

- Within 10 days from receiving complete documentation from the provincial People's Committee, the General Department of Land Administration reviews, prepares a report, and drafts a decision for submission to the Government.

C- Implementation after the land transfer decision:

1. After receiving the land transfer decision from the competent state agency, the Department of Land Administration, in coordination with relevant agencies, local authorities, and the investor, organizes boundary marking and actual land handover.

2. The investor organizes compensation for land and property losses according to the approved compensation plan to each household and pays the land administration fee as prescribed. In cases where a project involves multiple sources of funding, the compensation fund from which source will be specified in the pre-feasibility project approved by the competent authority.

The unit price for compensation applicable to a locality is determined according to the regulations delegated by the State to that locality.

3. For construction projects spanning multiple years, compensation is provided according to the annual land use plan.

4. Organizations granted land must register land use rights with the local People's Committee and complete procedures for obtaining land use certificates.

5. When handing over the completed irrigation construction project to the management and exploitation unit, the investor must hand over all land-related documents to the subsequent land user.

III. Implementation:

1. For irrigation construction projects located across multiple provinces or cities, the investor is responsible for coordinating with the Department of Land Administration in the areas concerned to follow the procedures stipulated in this circular.

2. The provincial People's Committee directs the Department of Water Resources and the Department of Land Administration to establish land transfer documentation in accordance with regulations, regularly inspect, and take measures to address errors and negative practices.

The Director of the Department of Land Administration and the Director of the Department of Water Resources shall organize the establishment of land transfer documentation for constructing irrigation works in their respective localities based on the provisions of this circular, and report quarterly to the General Department of Land Administration and the Ministry of Water Resources on the results of such transfers.

This circular takes effect from the date of signature. Any previous guidelines inconsistent with this circular are hereby abolished.

During the implementation of this circular, if there are difficulties or issues, they should be promptly reported to the Ministry of Water Resources and the General Department of Land Administration for resolution.

FORM NO. 1

Date...Month...Year 199...

APPLICATION FOR LAND TRANSFER

Respected: Prime Minister

(Or Chairman of the Provincial People's Committee,

City...)

1) Name of the organization applying for land transfer:

2) Decision on establishment (Or business license number:...

date...issuing authority)

3) Address

4) Current status of the land area

5) Area requested for use in constructing the project:

Of which: + Agricultural land

One-crop rice

Two-crop rice

+ Forest land:

Natural forest

Planted forest

+ Degraded land:

- Bare hills

- Ponds, lakes, reservoirs

+ Residential land:

6) Area of land requested for use during construction period:

7) Origin of the land plot

8) Commitment to use the land for its intended purpose and comply with all legal provisions on land.

Place of Receipt:

- As above, Head of the requesting unit

- Land Administration General Department - Signature, Seal

Provincial Land Administration.

MODEL NO. 2

LAND TRANSFER MAP

Number...

Scale

Project Name:...

Location:…

1) - Statistics of area of land requested for long-term use.

---------------------------------------------------------------------------------------------

Serial No...Parcel No...Area m2...Type of land...Remarks...

-----------------------------------------------------------------------------------------------------

2) - Statistics of area of land requested for temporary use during construction

--- Serial No --- Type of land --- Area m2 ------

The boundaries of the land plot are indicated by lines of different colors from those on the map.

Note: Content Date...month...year 19

Model No. 2 represents the Director of the Provincial Land Administration

on the land transfer map (Signature, Seal)

MODEL NO. 3

RECORD

REVIEW OF LAND FILES

Based on the proposal of:...

On date month year, the Provincial Land Administration of (province, city)...

has conducted a review of the land files:

Members include:

a) Provincial Land Administration (province, city)

1.

2.

3.

b) Representatives of the following agencies:

1. Investor

2. Local authorities

3.

Observations and evaluations:

1. Regarding the location of the project

- It is in accordance with the planning (reasons?)

- It does not conform to the planning (reasons?)

2. Regarding the size of the land plot:

- It is appropriate because:

- It is not appropriate because:

3. Regarding the current status of the land plot:

- Type of land:

+

+

+

4. Regarding issues that need to be addressed:

- Compensation and resettlement

- Environment:

- Existing problems and obstacles, (if there are any issues with relevant sectors or localities, their opinions must be obtained in writing), and measures to resolve them.

5. Conclusion and recommendations:

Representatives of the agencies Director of the Provincial Land Administration

Participating in the inspection team (Signature, Seal)

(Signature, stamp)

MODEL NO. 4

Commercial Joint Stock Banks, Credit Guarantee Fund, and Central Cooperative Fund Branches… SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

------------------------------------------------

No.:...DD/SC Date...month...year 199

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

REQUEST FOR TRANSFER OF LAND FOR CONSTRUCTION OF IRRIGATION PROJECT

Respectfully submitted to: The Government Prime Minister

People's Committee of province, city:...

has reviewed and approved the irrigation construction project...

Location:

Origin of the land plot:

Area of land requested for transfer:

Where:

- Agricultural land (specify the area of each type of use: rice, crops)

- Forested land (type of forest)

- Degraded land

- Residential land

............................................................................................................

Area of land requested for lease during construction (specify types). Regarding compensation and clearance:

Proposal:...

Attached documents: Full set of land transfer application files.

Place of Receipt:

- As above; TM/People's Committee of province, city

- Land Administration General Department. Chairman