Circular No. 09/2013/TT-BTNMT on technical matters regarding the updating of the geographic base database at scales of 1:2000, 1:5000, and 1:10000

CIRCULAR

Provisions on the management and use of riverbank alluvial land, coastal alluvial land, and coastal water surface land.

Coastal water surface land

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Based on the Land Law dated November 26, 2003;

Pursuant to Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government promulgating the Law on Land."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Nhà nước về đất đaii thi hành Luật Đất đai;

Pursuant to DecreeNo. concerning the functions of the Ministry of Natural Resources and Environment;June 2024;2. This Circular applies to organizations and individuals related to inland waterway transport activities.onThe Director of the Office, Heads of Payment Department, Heads of units under the State Bank of Vietnam; credit institutions, foreign bank branches, payment switching organizations, electronic transaction settlement organizations are responsible for implementing this Circular.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 职责的职能由自然资源与环境部履行；

At the proposal of the Director General of the Land Management Department, the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular providing for the management and use of riverbank alluvial land, coastal alluvial land, and coastal water surface land.

Chapter I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

This Circular provides for the management and use of riverbank alluvial land, coastal alluvial land, and coastal water surface land for agricultural production, forestry, aquaculture, and salt-making purposes.

Article 2. Applicability

This Circular applies to state administrative agencies; organizations, households, individuals within the country; overseas Vietnamese; foreign organizations and individuals involved in the management and use of riverbank alluvial land, coastal alluvial land, and coastal water surface land for agricultural production, forestry, aquaculture, and salt-making purposes.

Chapter II

SPECIFIC PROVISIONS

Article 3. Leasing unused riverbank alluvial land, coastal alluvial land, and coastal water surface land

1. The leasing of unused coastal alluvial land and coastal water surface land for agricultural production, forestry, aquaculture, and salt-making purposes shall be carried out as follows:

a) The People's Committee of the province or centrally-administered city decides to lease land to economic organizations, overseas Vietnamese, foreign organizations, and individuals for investment projects; the lease term shall be the project duration but not exceeding fifty (50) years; upon expiration of the lease term, the land user may be considered for extension of land use if there is a need to continue using the land, comply with laws on land during the usage period, and the land use is consistent with the approved land use plan.

b) The People's Committee of the district, town, or city under a province (hereinafter referred to as the district level) decides to lease land to households and individuals; the lease term for annual crop cultivation, aquaculture, and salt-making shall not exceed twenty (20) years; the lease term for perennial crop cultivation and forest plantation shall not exceed fifty (50) years.

2. The leasing of unused riverbank alluvial land for agricultural production, forestry, aquaculture, and salt-making purposes shall be carried out as follows:

a) In cases where the approved land use plan includes unused riverbank alluvial land as part of the communal agricultural land fund for public welfare purposes at the commune, ward, or town level, the People's Committee of the commune, ward, or town (hereinafter referred to as the commune level) shall lease unused riverbank alluvial land for agricultural production and aquaculture through bidding for lease contracts (hereinafter referred to as bidding) with a term not exceeding five (05) years; priority shall be given to households and individuals directly engaged in agricultural production and aquaculture who have permanent residence registration in the administrative unit where the land is located and have not been allocated land or are short of agricultural production land.

b) In cases where unused riverbank alluvial land does not belong to the communal agricultural land fund for public welfare purposes at the commune, ward, or town level, it shall be leased for agricultural production, forestry, aquaculture, and salt-making purposes in accordance with points a and b of Clause 1 of this Article.

3. The rental price for riverbank alluvial land, coastal alluvial land, and coastal water surface land used for a specific purpose shall be applied according to the land price for that type of land with the same purpose.

Article 4. Land along riverbanks, land along seashores, and coastal water surface land that have been put into use before this Circular takes effect

1. Households and individuals who have been granted riverbank alluvial land, seashore alluvial land, and coastal water surface land for agricultural, forestry, aquaculture, and salt production purposes according to the land allocation plans of localities when implementing Decree No. 64/CP dated September 27, 1993 of the Government on the issuance of regulations on allocating agricultural land to households and individuals for long-term stable use for agricultural purposes; Decree No. 02/CP dated January 15, 1994 of the Government on the issuance of regulations on allocating forest land to organizations, households, and individuals for long-term stable use for forestry purposes; Decree No. 85/1999/NĐ-CP dated August 28, 1999 of the Government amending and supplementing some articles of the regulations on allocating agricultural land to households and individuals for long-term stable use for agricultural purposes and adding the allocation of salt-making land to households and individuals for long-term stable use; Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on allocating and leasing forest land to organizations, households, and individuals for long-term stable use for forestry purposes; Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law shall be handled as follows:

a) Continue to use the land for the remaining period of the land allocation;

b) When the land allocation period expires, if the land user has a need to continue using the land, complies with the laws on land during the usage period, and the use of the land is consistent with the approved land use plan, then the People's Committee at the district level will allocate the land without charging land use fees within the land allocation limit for twenty (20) years for annual crop land, aquaculture land, and salt-making land; fifty (50) years for perennial crop land and productive forest land.

For areas exceeding the land allocation limit, they must be converted to leasehold land with a term equal to the allocation term for the land area within the allocation limit;

c) When the land allocation period expires, if the land user does not have a need to continue using the land, does not request an extension of the land use period, or is not permitted by the competent state authority to extend the land use period, then the State will reclaim the land without compensation for the land or attached assets.

2. Households and individuals currently using riverbank alluvial land, seashore alluvial land, and coastal water surface land obtained through transfer, gift, or inheritance of land use rights from land originally allocated by the State under the provisions of Clause 1 of this Article shall implement as follows:

a) Continue to use the land for the remaining period of the land use right for the portion of the area within the limit of agricultural land use right transfer;

b) Convert to leasehold land according to the provisions of Point b, Clause 1, Article 3 of this Circular for the portion of the area outside the limit of agricultural land use right transfer.

3. Economic organizations, households, and individuals who have been granted or leased riverbank alluvial land, seashore alluvial land, and coastal water surface land by competent authorities but do not fall under the provisions of Clause 1 of this Article shall implement as follows:

a) Continue to use the land for the remaining period of the land grant or lease for riverbank alluvial land.

When the land grant or lease period expires, if the land user has a need to continue using the land, complies with the laws on land during the usage period, and the use of the land is consistent with the approved land use plan, then consideration will be given to leasing the land for a term not exceeding five (05) years; upon expiration of the lease term, the land will be leased according to the provisions of Clause 2, Article 3 of this Circular;

b) Convert to leasehold land from the date this Circular takes effect for seashore alluvial land and coastal water surface land specified in Clause 1, Article 3 of this Circular, if the land user has a need to continue using the land, complies with the laws on land during the usage period, and the use of the land is consistent with the approved land use plan;

c) When the land grant or lease period specified in Points a and b of this Clause expires, if the land user does not have a need to continue using the land or is not granted a lease by the competent state authority, then the State will reclaim the land without compensation for the land or attached assets;

d) Convert to leasehold land according to the provisions of Clause 1, Article 3 of this Circular for cases where land was granted or leased beyond the authority. The conversion to leasehold land starts from the date this Circular takes effect.

4. Overseas Vietnamese, foreign organizations, and individuals who have been granted leases for riverbank alluvial land, seashore alluvial land, and coastal water surface land by competent authorities shall implement as follows:

a) Continue to use the land for the remaining period of the lease for riverbank alluvial land.

When the lease period expires, if the land user has a need to continue using the land, complies with the laws on land during the usage period, and the use of the land is consistent with the approved land use plan, then consideration will be given to leasing the land for a term not exceeding five (05) years; upon expiration of the lease term, the land will be leased according to the provisions of Clause 2, Article 3 of this Circular;

b) Convert to leasehold land according to the provisions of Clause 1, Article 3 of this Circular for seashore alluvial land and coastal water surface land, if the land user has a need to continue using the land, complies with the laws on land during the usage period, and the use of the land is consistent with the approved land use plan;

c) When the lease period specified in Points a and b of this Clause expires, if the land user does not have a need to continue using the land or is not granted a lease by the competent state authority, then the State will reclaim the land without compensation for the land or attached assets;

d) Transfer to land leasing in accordance with Clause 1 of Article 3 of this Circular for cases where land has already been leased beyond authority. The date of transfer to land leasing shall be calculated from the effective date of this Circular.

5. Households and individuals currently using tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts within the agricultural land fund used for communal purposes of communes, wards, and towns shall implement as follows:

a) Continue to use the land according to the remaining period of land allocation or land leasing.

b) When the period of land allocation or land leasing expires, if the land user wishes to continue using the land, the People's Committee of the commune shall consider continuing to lease the land or lease it to other households or individuals through public bidding with a term not exceeding five (05) years.

6. Economic organizations, households, and individuals currently using tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts that they have reclaimed on their own, if they wish to continue using the land and such use is consistent with the approved land use plan, must transfer to land leasing with a term not exceeding five (05) years from the effective date of this Circular; upon expiration of the land leasing term, provisions of Article 3 of this Circular shall apply.

7. Tidal flat land along coasts and water surface land along coasts that have been planted with forests shall be allocated to forest protection management organizations, special-purpose forest management organizations, or given to households and individuals for use in accordance with Clause 1, Clause 3, and Clause 5 of this Article.

8. In cases of leasing tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts where the lease term does not comply with the provisions of Point b Clause 1, Point a Clause 3, Point a Clause 4, and Point b Clause 5 of this Article, and in cases where leasing must be transferred as provided in Point b Clause 1 and Point b Clause 2 of this Article, a new land lease contract must be signed in accordance with the term prescribed in this Circular.

Article 5. Land Use Regime

1. For tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts that have been allocated or leased for any purpose, the land use regime applicable to land of the same purpose shall apply, except as provided in Clause 2 of this Article.

2. Tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts falling under the provisions of Point a Clause 2 of Article 3 and Clause 5 of Article 4 of this Circular shall be used in accordance with the land use regime for agricultural land used for communal purposes of communes, wards, and towns.

Article 6. Procedures for Allocation and Leasing of Land

1. The procedures for continuing to allocate land to households and individuals after the expiration of the tidal flat land along rivers allocation period as stipulated in Clause 1 and Point a Clause 2 of Article 4 of this Circular shall be implemented as follows:

a) Six (06) months before the end of the land allocation period, if there is a need to continue using the land, the land user shall submit an application form number 01 issued together with this Circular to the People's Committee of the commune; the People's Committee of the commune shall examine and confirm the conditions for continued land allocation in accordance with Point b Clause 1 of Article 4 of this Circular and send them to the People's Committee of the district;

b) The Land Registration Office of the district shall be responsible for making copies of cadastral maps or conducting cadastral surveys for areas without cadastral maps, copying cadastral files, printing Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land (hereinafter referred to as Certificate), and sending them to the Department of Natural Resources and Environment;

c) The Department of Natural Resources and Environment shall be responsible for reviewing cases meeting the conditions for continued land allocation for the area within the agricultural land allocation limit, and for leasing land for the area outside the agricultural land allocation limit; conducting field verification when necessary, submitting to the People's Committee of the district for decisions on land allocation, leasing, and issuance of Certificates; signing land lease contracts for cases where leasing is allowed.

2. The procedures for leasing tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts for economic organizations, overseas Vietnamese, organizations, and foreign individuals to use land according to investment projects as stipulated in Clause 1 of Article 3 and Clause 3, 4, and 6 of Article 4 of this Circular shall be implemented as follows:

a) Conduct public bidding in accordance with the law;

b) Based on the official recognition of the bidding results by the competent state agency and the certificate of payment of land lease fees by the successful bidder, the Department of Natural Resources and Environment shall sign the land lease contract.

3. The procedures for leasing tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts for households and individuals as stipulated in Clause 1 of Article 3 and Clause 3, 4, and 6 of Article 4 of this Circular shall be implemented as follows:

a) Households and individuals submit a request for land leasing at the People's Committee of the commune where the land is located, specifying the required land area in the application;

In cases where the request is for leasing land for aquaculture, a detailed aquaculture plan or project must be reviewed and approved by the county-level fisheries management agency, and a commitment to environmental protection or an environmental impact assessment report must be submitted in accordance with environmental laws;

b) The People's Committee of the commune shall be responsible for reviewing, confirming the application for land leasing regarding the land use needs of households and individuals who meet the conditions, and sending it to the Department of Natural Resources and Environment;

c) The Land Registration Office of the district shall be responsible for making copies of cadastral maps or conducting cadastral surveys for areas without cadastral maps, copying cadastral files, and sending them to the Department of Natural Resources and Environment;

d) The Department of Natural Resources and Environment shall be responsible for reviewing, conducting field verification when necessary, submitting to the People's Committee of the district for decisions on land leasing, and signing land lease contracts.

4. The leasing of tidal flat land along rivers, tidal flat land along coasts, and water surface land along coasts within the agricultural land fund used for communal purposes of communes, wards, and towns shall be organized by the People's Committee of the commune through public bidding and signing land lease contracts in accordance with form number 02 issued together with this Circular.

5. The procedures for transferring tidal flat land along the coast and land with water bodies along the coast that have been afforested, as stipulated in Clause 7, Article 4 of this Circular, shall be implemented as follows:

a) Organizations submit applications for land transfer to the Department of Natural Resources and Environment; households and individuals submit applications for land transfer to the District Office of Natural Resources and Environment;

b) The Land Registration Office under its jurisdiction shall be responsible for extracting cadastral maps or conducting cadastral surveys for areas without existing cadastral maps, copying cadastral files, printing Certificates of Land Use Rights, and sending them to the natural resources and environment authority;

c) The natural resources and environment authority shall be responsible for reviewing and verifying on-site when necessary, and submitting to the People's Committee at the appropriate level for decisions on land transfer and issuance of Certificates of Land Use Rights.

6. The Provincial People's Committee shall specify the time limit for completing the procedures for land transfer and lease as provided in this Article, in accordance with local administrative reform requirements but not exceeding the total time for implementing land transfer and lease procedures as prescribed in Article 1 of Decree No. 38/2011/ND-CP dated May 26, 2011, amending and supplementing certain provisions on administrative procedures of Decree No. 181/2004/ND-CP dated October 29, 2004, Decree No. 149/2004/ND-CP dated July 27, 2004, and Decree No. 160/2005/ND-CP dated December 27, 2005.

Article 7. Establishing Management Files

1. For tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast that have been inventoried, surveyed, measured, and established management files (including cases where Certificates of Land Use Rights have already been issued) before the effective date of this Circular, the District People's Committee shall be responsible for compiling the origin statistics to establish management files according to each type of user based on Model No. 03 promulgated together with this Circular.

2. For tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast that have not yet been inventoried, surveyed, measured, and established management files, the District People's Committee shall be responsible for measuring and establishing cadastral files for managing tidal flats along rivers; the Department of Natural Resources and Environment shall be responsible for measuring and establishing cadastral files for managing tidal flats along the coast and lands with water bodies along the coast.

3. The People's Committees of communes, organizations, and individuals currently managing and using tidal flats along rivers, tidal flats along the coast shall be responsible for cooperating with surveying agencies to complete the measurement of tidal flats along rivers and tidal flats along the coast.

The People's Committee of communes shall cooperate with relevant agencies and units involved in dike protection, inland waterway transport, national defense, and security to organize the setting up of markers as a basis for measurement and establishment of cadastral files.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 8. Effective Date 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

This Circular takes effect from July 15, 2013.

Article 9. Responsibilities of the provincial people's committee in managing the quality and maintenance of housing. The all levels of people's committees and natural resources and environment authorities

1. The Director of the State Land Management Agency shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Responsibilities of the Provincial People's Committee:

a) Promoting and disseminating this Circular to all levels, sectors, local residents, and directing its implementation at the local level;

b) Reporting annually in December on the management and use of tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast to the Ministry of Natural Resources and Environment.

3. Responsibilities of the People's Committee of the district:

a) Directing and urging the People's Committees of communes to regularly inspect the management and use of tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast;

b) Organizing regular inspections of the management and use of tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast;

c) Reporting annually in December on the management and use of tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast to the Provincial People's Committee.

4. Responsibilities of the People's Committee of the commune:

a) Regularly inspecting the use of tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast to promptly identify cases of encroachment, improper use, or reporting and proposing the District People's Committee to consider handling cases beyond their authority;

b) Reporting to the District Office of Natural Resources and Environment cases where the People's Committee of communes leases land immediately after signing the lease contract;

c) Reporting annually in December to the District People's Committee on the management and use of tidal flats along rivers, tidal flats along the coast, and lands with water bodies along the coast.

5. The Directors of Departments of Natural Resources and Environment, Heads of District Offices of Natural Resources and Environment, and cadres of commune, ward, and town land administration shall be responsible for assisting the Chairpersons of the People's Committees at the same level in organizing the implementation of this Circular.

6. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Natural Resources and Environment for consideration and decision./.