Circular No. 09/2021/TT-BTNMT Amending and supplementing certain articles of Circulars detailing and guiding the implementation of the Land Law

CIRCULAR

Amending and supplementing certain articles of Circulars detailing and guiding the implementation of the Land Law

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law amending and supplementing certain articles of 37 laws related to planning dated November 20, 2018;

PURSUANTPursuant to Resolution No. 751/2019/UBTVQH14 dated August 16, 2019 of the Standing Committee of the National Assembly explaining certain articles of the Planning Law;

PURSUANTPursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain articles of the Land Law;Law;

Pursuant to Decree No. 47/2014/NĐ-CP dated May 15, 2014 of the Government on compensation, support, and resettlement when the State expropriates land;Determination;Expropriation;Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

PURSUANTPursuant to Decree No. 48/2020/NĐ-CP dated December 18, 2020 of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

Based on Decree No. 1Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the General Department of Land Administration and the Head of the Legal Department, The Minister of Natural Resources and Environment promulgates this Circular amending and supplementing certain articles of Circulars detailing and guiding the implementation of the Land Law.

Article 1. Amending and supplementing certain articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 on the Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land.1. Amending and supplementing Point a Clause 2 Article 15 as follows:

“a) MX is the code of the administrative unit at the commune level where the plot of land is located, expressed according to the Prime Minister's decision on the list and codes of Vietnamese administrative units; in case of issuing a certificate for a land area spanning multiple communes, it shall be recorded according to the code of the commune with the largest area; in cases where the district does not have a commune-level administrative unit, the commune-level administrative unit code (MX) shall be replaced by the code of the district-level administrative unit according to the Prime Minister's decision on the list and codes of Vietnamese administrative units.

In cases where the issuance of the certificate falls within the jurisdiction of the provincial People's Committee, the code of the province or centrally governed city shall be added before the code of the commune, ward, or town where the land is located or before the code of the district-level administrative unit where the land is located in cases where the district does not have a commune-level administrative unit;”2. Amending and supplementing Point a Clause 2 Article 17 as follows:“a) Consolidating multiple plots of land into one new plot; dividing one plot of land into multiple new plots in accordance with the provisions of the law; the plot of land separated to issue a separate certificate in cases where the certificate has been issued jointly for multiple plots;”

3. Amending and supplementing Point g Clause 2 Article 17 as follows:

“g) Changing all information about the plot of land due to surveying and mapping of the cadastral map; changing the residential land area in the plot of land with garden or pond attached to housing due to re-determining the residential land area according to the regulations;”

4. Amending and supplementing Clause 16 Article 18 as follows:

“16. In cases where the State recovers part of the area of a plot of land that has already been issued a certificate, the issued certificate shall record "The State has recovered... m

2, remaining area is... m

2 with plot number..., remaining attached assets are... (recorded for cases where ownership rights of attached assets have been certified), according to file number... (record the file code of the registration procedure)."

In cases where the land user donates part of the area of a plot of land on the issued certificate for road traffic, irrigation, or other public works, the issued certificate shall record "Donated... m

2 for... (road traffic or irrigation or other public works) according to... (record the name and date of the document regarding the donation of land); remaining area is... m

2"; in cases where the land user donates the entire plot of land, the issued certificate shall record "Donated the entire plot of land for... (road traffic or irrigation or other public works) according to... (record the name and date of the document regarding the donation of land)."²In cases where the land user donates part of the area of one or more plots of land, donates one plot of land or several plots of land on the issued certificate jointly for multiple plots for road traffic, irrigation, or other public works, the issued certificate shall record "Donated... m²2 belonging to plot number... sheet number... (record sequentially the area, plot number, and cadastral sheet number of each plot of land) for... (road traffic or irrigation or other public works) according to... (record the name and date of the document regarding the donation of land); remaining area is... m

2 of plot number... sheet number... (record sequentially the remaining area, plot number, and cadastral sheet number of each donated plot of land); in cases where the land user donates all the plots of land on the jointly issued certificate, the issued certificate shall record "Donated all the plots of land for... (road traffic or irrigation or other public works) according to... (record the name and date of the document regarding the donation of land)";”²5. Supplementing Clause 19 into Article 18 as follows:²“19. In cases where on the issued certificate jointly for multiple plots of land, one plot of land is separated to issue a separate certificate, the issued certificate shall record "Plot of land... (record plot number, cadastral sheet number) area... m

2 separated to issue a separate certificate; according to file number... (record the file code of the registration procedure)."²for the plot of land number ... on map sheet number ... (record sequentially the area, plot number, cadastral map sheet number of each plot of land) to be used as ... (record the name and date of signing the document regarding the donation of land); the remaining area is ... m²of the plot of land number ... on map sheet number ... (record sequentially the remaining area, plot number, cadastral map sheet number of each plot of land that has been donated); in the case where the land user donates all plots of land listed on a single certificate, the certificate will record "All plots of land have been donated to be used as ... (road, irrigation, or other public works) according to ... (record the name and date of signing the document regarding the donation of land)."

5. Supplement Clause 19 to Article 18 as follows:

“19. In cases where a certificate has been issued jointly for multiple plots of land, and one of these plots is separated to issue a separate certificate, the original certificate shall record "Plot ... (record plot number, map sheet number) with an area of ... m²has been separated to issue a separate certificate; based on file number ... (record the file code of the registration procedure)."

Article 2. Amending and supplementing some articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 on land administration records

“Article 9. Documents to be submitted when performing procedures for registering changes in land use rights and real property attached to land

1. Documents for transferring agricultural land use rights of households and individuals for implementing the "consolidation and redistribution of land plots" shall be jointly submitted by all households and individuals transferring agricultural land, including:

a) Application for registration and issuance of Land Use Right Certificate, Ownership Certificate of Housing and Other Real Property Attached to Land according to Model No. 04đ/ĐK issued together with this Circular of each household and individual;

b) Original Land Use Right Certificate already issued or a certified copy of the mortgage contract for cases where the land is mortgaged at a credit institution;

c) Agreement on the transfer of agricultural land use rights of households and individuals;

d) Plan for transferring agricultural land use rights of the People's Committee of the commune which has been approved by the People's Committee of the district;

đ) Minutes of land handover according to the "consolidation and redistribution of land plots" plan (if any).

2. Documents to be submitted when performing procedures for transferring agricultural land use rights not falling under the "consolidation and redistribution of land plots" case; transferring, leasing, subleasing, inheriting, gifting, contributing land use rights and ownership of real property attached to land; transferring land use rights and ownership of real property attached to land from husband or wife to joint ownership of both spouses include:

a) Application for registration of changes in land use rights and real property attached to land according to Model No. 09/ĐK.

In the case where households and individuals receive transferred land use rights, the total area received must be reflected in point 4 of Section I of Model No. 09/ĐK (Reasons for change) as follows: "Received ... (specify the form of land use right transfer) ... land (specify the area of land received); total area of agricultural land currently in use due to receiving transferred land use rights and registered for transfer of land use rights from July 1, 2007 to June 30, 2014 is ... m²and from July 1, 2014 to date is ... m²(specify the specific area received for each type of land, each provincial and centrally-run city area)";²b) Contract or document regarding the transfer, transfer, lease, sublease, inheritance, gift, contribution of land use rights and ownership of real property attached to land; transfer of land use rights and ownership of real property attached to land from husband or wife to joint ownership of both spouses as prescribed.

In the case where the heir is the only person inheriting land use rights and ownership of real property attached to land, a request for registration of inheritance of land use rights and ownership of real property attached to land by the heir must be provided;

c) Original Land Use Right Certificate already issued;

d) Approval document of the competent state agency for economic organizations receiving transferred shares, contributions, leases of agricultural land use rights to implement investment projects;

đ) Document of the land user agreeing to allow the owner of the real property attached to land to transfer, gift, lease, contribute the real property attached to land in cases where the owner of the real property attached to land is not simultaneously the land user.

3. Documents to be submitted when performing procedures for canceling registration of leasing, subleasing, contributing land use rights and ownership of real property attached to land include:

a) Termination agreement of lease, sublease, contribution contracts of land use rights and real property attached to land or lease, sublease, contribution contracts of land use rights and real property attached to land with confirmation that the contract has been terminated;

b) Original Land Use Right Certificate already issued for cases of leasing, subleasing land use rights of infrastructure developers in industrial zones, industrial clusters, export processing zones, high-tech parks, and economic zones, and cases of contributing land use rights and ownership of real property attached to land.

4. Documents to be submitted when performing procedures for issuing Land Use Right Certificates for cases of transferring land use rights and ownership of real property attached to land before July 1, 2014 where the transferring party has already been issued a Land Use Right Certificate but has not completed the transfer procedures as prescribed:

a) In cases of receiving transferred, inherited, or gifted land use rights and real property attached to land with a contract or document on the transfer as prescribed but the transferring party does not deliver the Land Use Right Certificate to the transferee, the documents include:

- Application for registration of changes in land use rights and real property attached to land according to Model No. 09/ĐK;

- Contract or document on the transfer already established as prescribed;

b) In cases of receiving transferred land use rights without establishing a contract or document on the transfer as prescribed, the documents include:

- Original Land Use Right Certificate already issued;

- Contract or document on the transfer already established as prescribed;

- Document on the transfer of land use rights and real property attached to land with signatures of both the transferring and receiving parties.

5. Documents to be submitted when performing procedures for registering changes in land use rights and ownership of real property attached to land in cases of resolving disputes, complaints, and accusations related to land; handling mortgage debts, contributions of land use rights and real property attached to land; seizing, auctioning land use rights and real property attached to land for enforcement of judgments; merging, splitting, consolidating organizations; negotiating consolidation or division of land use rights and real property attached to land among households, between spouses, or among groups of land users include:

a) Application for registration of changes in land use rights and real property attached to land according to Model No. 09/ĐK;

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) The original certificate, except in cases where it is necessary to implement a court decision or enforcement agency's execution decision that has taken effect, or to auction the right to use land and attached assets at the request of the court or enforcement agency without being able to recover the original certificate;

c) One of the following types of documents: Mediation agreement record (in cases where mediation is successful and there is a change in land plot boundaries, there will be an additional decision recognizing such changes made by the competent People's Committee); decision of a state agency on resolving disputes, complaints, or denunciations regarding land according to the law; property handover document under the agreement (if applicable) and agreement or mortgage contract containing provisions on handling mortgaged property; agreement or capital contribution contract containing provisions on handling contributed property and property handover document under the agreement; decision or judgment of the People's Court, enforcement decision of the enforcement agency that has been executed with content determining the person having the right to use the land and ownership of attached assets; auction result document for land use rights and attached assets at the request of the land user, asset owner, or the request of the People's Court, enforcement agency that has been executed; contract or agreement on division, merger, or transfer of land use rights and ownership of attached assets of organizations in cases of organization division, merger, or company conversion; contract or agreement on division, merger of land use rights and ownership of attached assets of households, spouses, or groups of joint land users, joint owners of attached assets.

d) In cases of dividing or merging land use rights and ownership of attached assets of organizations, there must be a document on division, merger, or consolidation of organizations as prescribed by law; in cases of dividing or merging land use rights and ownership of attached assets of households, there must be a household registration book attached; in cases of dividing or merging land use rights and ownership of attached assets of spouses, there must be a household registration book or marriage certificate or divorce certificate attached.

6. Documents submitted when performing procedures for registering changes in land use and attached assets due to name change of the land user or asset owner; reduction in land plot area due to natural erosion; changes in land use restrictions; changes in financial obligations; changes in attached assets compared to the registered content and issued Certificate of Land Use Right, including:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued;

c) One of the documents related to the content of the change:

- Official recognition document of a competent state agency according to the law for cases where individuals or household representatives change their surname or name;

- Copy of the household registration book for cases where the household head representative changes; family agreement document confirmed by the Commune People's Committee for cases where another member of the household becomes the representative;

- Community agreement document confirmed by the Commune People's Committee for cases where the community changes its name;

- Confirmation document of the Commune People's Committee regarding the situation of natural erosion for cases where the land plot area and attached assets decrease due to natural erosion;

- Financial obligation payment receipt for cases where the issued Certificate of Land Use Right records debt or delayed payment of financial obligations, except in cases where the land user is exempted, reduced, or not required to pay due to changes in legal regulations;

- Decision of a competent state agency regarding the change in land use restrictions and ownership of attached assets recorded on the Certificate of Land Use Right for cases where there are restrictions according to land allocation decisions, lease decisions, or recognition of land use rights; in cases where there are changes in restrictions according to land transfer documents, there must be a document approving the change in restrictions from the interested party, confirmed by the Commune People's Committee;

- Copy of one of the documents stipulated in Articles 31, 32, 33, and 34 of Decree No. 43/2014/ND-CP showing the changed content for cases where information about attached assets recorded on the Certificate of Land Use Right changes.

7. Documents submitted when performing procedures for changing from annual land lease payments to lump-sum payments, or from non-payment land allocation to lease, or from lease to paid land allocation, including:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued;

c) Leasing contract already established;

d) Financial obligation performance receipts; documents related to exemption, reduction of financial obligations for land and attached assets (if applicable).

8. Documents submitted when performing procedures for registering establishment, change, or termination of restricted land use rights on adjacent plots after the first issuance of the Certificate of Land Use Right and registration of changes or termination of restricted land use rights on adjacent plots, including:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued of one party or all parties involved;

c) Contract, agreement, or decision of the People's Court regarding the establishment, change, or termination of restricted land use rights on adjacent plots;

d) Diagram showing the location and size of the area of the adjacent plot that the land user is entitled to restricted use.

9. Documents submitted when performing procedures for extending land use outside high-tech zones, economic zones, including:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued;

c) Copy of the Additional Investment Decision or Investment License or Investment Certificate or Investment Policy Decision showing the duration or adjustment of the project implementation period consistent with the requested extension of land use for organizations, foreign organizations with diplomatic functions, foreign-invested enterprises, and overseas Vietnamese implementing investment projects.

In cases where domestic organizations are currently using land for investment activities but do not fall under the category of having an Additional Investment Decision or Investment License or Investment Certificate or Investment Policy Decision as prescribed by the law on investment, the specific reasons for requesting an extension of land use should be clearly stated in point 4 of the Application for Registration of Changes in Land Use and Attached Assets according to Form No. 09/ĐK.

d) Receipts of completed financial obligation payments (if applicable).

10. The documents to be submitted when performing the procedure for confirming continued use of agricultural land by households or individuals upon expiration of the land use period, where there is a need; for parcels of land separated from a common Certificate of Land Use Rights issued for multiple parcels to issue separate Certificates of Land Use Rights include:

a) Application for registration of changes in land use rights and real property attached to land according to Model No. 09/ĐK.

In the case of a parcel of land separated from a common Certificate of Land Use Rights issued for multiple parcels to issue a separate Certificate of Land Use Rights, items 5 of Section I, Sections II and IV of the Application for Registration of Land and Property Changes according to Form No. 09/ĐK shall not be declared or confirmed;

b) Original Certificate of Land Use Rights already issued.

11. The documents to be submitted when performing the procedures for separating or combining parcels of land include:

a) Application for separation or combination of parcels according to Form No. 11/ĐK;

b) Original Certificate of Land Use Rights already issued.

12. The documents to be submitted when performing registration of mortgage or cancellation of mortgage registration in accordance with the provisions on registration of secured transactions;

In the case of leasing or subleasing land from the investor who builds infrastructure in industrial zones, clusters of industries, export processing zones, high-tech zones, economic zones that are leased by the State with annual land rent payments and the land user has paid the land rent in one lump sum before July 1, 2014, if the land user registers a mortgage on the right to use the land or mortgages the right to use the land and attached property, then the mortgage registration documents must include proof that the investor has deposited into the state budget the amount of land rent that the lessee or sublessee has paid in one lump sum;

13. The documents to be submitted when performing the procedure for re-determining the area of residential land for households or individuals who have been issued a Certificate of Land Use Rights include:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Rights already issued.

14. The documents to be submitted when performing the procedure for registering changes in cases where households or individuals bring their land use rights into a business entity include:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued;

c) Written documents of the members of the household using the land agreeing to bring the household's land use rights into the business entity, which have been notarized or certified in accordance with the provisions of the law in the case of land belonging to the household;

d) Land lease contracts signed by the household or individual.

15. The documents to be submitted when performing the procedure for extending the use of agricultural land by religious organizations include:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Rights already issued.

16. The documents to be submitted when confirming changes in information about the legal entity, ID card number, citizen identification card number, address on the Certificate of Land Use Rights already issued at the request of the land user or owner of attached property include:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued;

c) A copy of the new ID card or military ID card or new citizen identification card or household registration book or other documents proving changes in personal information in the case of changes in personal information of persons named on the Certificate of Land Use Rights;

d) Written documents of the competent authority approving or recognizing the change in legal entity information in the case of changes in legal entity information of organizations recorded on the Certificate of Land Use Rights.

17. For cases where the procedures for registering changes in land and attached property as stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this Article involve changes in information about the legal entity, ID card number, citizen identification card number, or address on the Certificate of Land Use Rights already issued, the land user must submit the following additional documents:

a) A copy of the new ID card or military ID card or new citizen identification card or household registration book or other documents proving changes in personal information in the case of changes in personal information of persons named on the Certificate of Land Use Rights;

b) Written documents of the competent authority approving or recognizing the change in legal entity information in the case of changes in legal entity information of organizations recorded on the Certificate of Land Use Rights.”

2. Amend and supplement Points u and v of Clause 2 of Article 19 as follows:

“u) In the case of land recovery, it should be stated: "The State recovers land according to file number... (indicate the file code of the registration procedure)".

In the case where the State recovers part of a parcel of land, it should be stated: "The State recovers... m²In cases where the land user donates part of the area of one or more plots of land, donates one plot of land or several plots of land on the issued certificate jointly for multiple plots for road traffic, irrigation, or other public works, the issued certificate shall record "Donated... m² with plot number..., remaining attached property is..., according to file number... (indicate the file code of the registration procedure)".

In the case where the land user donates part of the area of a parcel of land already issued a Certificate of Land Use Rights for road traffic, water conservancy or other public works, it should be stated: "Donated... m² for... (road traffic or water conservancy or other public works) according to... (indicate the name and date of the document on the donation of land), remaining area is... m², according to file number... (indicate the file code of the registration procedure)"; in the case where the land user donates the entire parcel of land, it should be stated: "Donated the entire parcel of land for... (road traffic or water conservancy or other public works) according to... (indicate the name and date of the document on the donation of land), according to file number... (indicate the file code of the registration procedure)";

v) In the case of combining plots, it should be stated: "Combined with plots numbered... (indicate the serial numbers of the old plots combined into a new plot) into plot number... (indicate the serial number of the new plot formed) according to file number... (indicate the file code of the registration procedure)". On the registration page of the new plot, it should be stated: "Combined from plots numbered... (indicate the serial numbers of the old plots combined into a new plot) according to file number... (indicate the file code of the registration procedure)".

In the case of separating plots, it should be stated: "Separated into plots numbered... (indicate sequentially the serial numbers of the plots separated from the old plot), according to file number... (indicate the file code of the registration procedure)". On the registration page of the newly separated plot, it should be stated: "Separated from plot number... (indicate the plot number before separation to transfer rights) according to file number... (indicate the file code of the registration procedure)".

In the case where the Certificate of Land Use Rights was issued jointly for multiple plots, and one plot is separated to issue a separate Certificate of Land Use Rights, it should be stated: "Issued new GCN... (indicate the issuance number and entry number of the new certificate) according to file number... (indicate the file code of the registration procedure)".

3. Amend and supplement Point w of Clause 2 of Article 19 as follows:

“w) In the case of remeasurement leading to a change in the plot number or plot area, it should be stated: "... (indicate the type of changed information) changed from... (indicate the information before the change) to... (indicate sequentially the changed information) due to remeasurement on... according to file number... (indicate the file code of the registration procedure)".

Example: In the case where plot number 30 changes to number 115 and the area of the plot changes from 600m to 650m, it should be recorded as: "Plot number changed from number 30 to number 115; area changed from 600m to 650m due to remeasurement on October 15, 2013."²becomes 650m²then record: "The plot number changes from 30 to 115; the area changes from 600m²becomes 650m²due to re-measurement on October 15, 2013."

In the case of changing the name of administrative units or adjusting administrative boundaries according to the decision of competent state agencies, it should be recorded as: "Changed the name... (record the name before change) to... (record the new name of the administrative unit)."

Example: In the case of changing the name of the administrative unit from District Tu Liem to District Bac Tu Liem, it should be recorded as: "Name changed from District Tu Liem to District Bac Tu Liem."

In the case of changing the residential land area within a plot that includes garden and pond attached to the house due to re-measurement, it should be recorded as: "Residential land area changed from... (record the information before change) to... (record the changed information); the area of land... (specifically record the remaining types of land areas in the plot after re-measuring the residential land area) changed from... (record the information before change) to... (record the changed information), according to file number... (record the file number for registration procedures)."

Example: A plot with garden and pond attached to the house was issued a Certificate of Land Use Right with an area of 100m residential land, 200m perennial crop land, and 300m annual crop land. Now, after re-measuring, the residential land area has been changed to 200m, leaving 100m annual crop land. It should be recorded as: "Residential land area changed from 100m to 200m, perennial crop land area changed from 200m to 100m, annual crop land area is 300m, according to file number..."²residential land, 200m²perennial crop land, 300m²annual crop land. Now, the residential land area is reassessed as 200m², the remaining 100m²perennial crop land, 300m²of annual crop land, record: "The residential land area changes from 100m²to 200m², the perennial crop land area changes from 200m²to 100m², the annual crop land area is 300m², based on file number..."

4. Amend and supplement Item 3 of THE GUIDELINES FOR ESTABLISHING THE BOOK OF CERTIFICATE OF LAND USE RIGHT at Form No. 03/ĐK issued together with Circular No. 24/2014/TT-BTNMT as follows:

“3. The signed certificate shall be entered into the book of certificate issuance in consecutive order corresponding to the order of issuance of certificates; in cases of merging administrative units at commune level according to regulations, continue numbering following the highest serial number of the book of certificate issuance of the merged commune; the content of two consecutive certificates shall be separated by a horizontal black line.”

5. Amend and supplement the code of the type of change according to item number 32 in Appendix No. 02 issued together with Circular No. 24/2014/TT-BTNMT as follows:

“Splitting or combining plots; the plot split off to issue a separate certificate in cases where a certificate has already been issued jointly for multiple plots.”

6. Add the code of the type of change with item number 36 to Appendix No. 02 issued together with Circular No. 24/2014/TT-BTNMT as follows:

“Changing the residential land area within a plot that includes garden and pond attached to the house due to re-measurement - Code XD.”

7. Amend the phrase “08/ĐK” to the phrases “08a/ĐK and 08b/ĐK”.

1. Amend and supplement Point 1.5 Clause 1 of Article 17 as follows:

“1.5. The amendment of plot numbers and parcel numbers of land registry maps shall be regulated as follows:

a) In cases where new plots arise due to splitting or combining plots, the old plot numbers shall be canceled, and the new plot numbers shall be assigned consecutively following the largest existing plot number in the parcel.

In cases where parcels are combined when merging communes, towns, or wards (collectively referred to as communes), the plot numbers of the parcels in the commune after the merger whose headquarters of the People's Committee remain unchanged shall be retained, while the plot numbers of the combined parcels shall be reassigned consecutively following the largest existing plot number; establish a "Table of Amended Plots" at an appropriate location inside or outside the map frame, except in cases of amending land registry maps within a land registry database. The content of the "Table of Amended Plots" must reflect the plot number, land type code, and area of the plot before and after amendment.

b) In cases where the State expropriates part of a plot without creating a new plot and the remaining area is not divided into multiple plots, the remaining area shall retain its original plot number.

c) Amendment of parcel numbers of land registry maps after rearranging administrative units at commune level:

- In cases of merging communes: The parcel numbers of land registry maps of the commune after the merger whose headquarters of the People's Committee remain unchanged shall be retained, while the parcel numbers of the combined parcels shall be reassigned consecutively following the largest existing parcel number. Information related to the land registry map belonging to the former commune shall be annotated outside the map frame; the land registry book and other related documents shall be amended according to the results of editing the map. For land registry maps with commune boundaries passing through them, either combine the land registry maps or retain the original land registry maps.

- In cases of splitting a commune into separate communes: Reassign or retain the original parcel numbers of land registry maps for each new commune. Amend the information of the land registry map according to the new commune, annotate the information of the land registry map belonging to the former commune outside the map frame, and amend the land registry book and other related documents according to the results of editing the map.

- In cases of splitting part of a commune to merge with another commune: Retain the original parcel numbers of land registry maps for the remaining area of the commune being split (the area not merged with another commune) and the parcel numbers of land registry maps of the commune receiving the merged area (the commune merging part of the area of another commune), reassign the parcel numbers of land registry maps for the split-off area consecutively following the largest existing parcel number of the receiving commune. Annotate the information of the land registry map belonging to the former commune outside the map frame; amend the land registry book and other related documents according to the results of editing the map.

- In cases where communes are dissolved leaving only the district level administrative unit (district-level administrative units without communes): Adjust the information on cadastral maps according to the new administrative unit. Information from the old commune's cadastral map shall be annotated outside the map frame. The land registry books and related documents shall be adjusted based on the results of the post-adjustment cadastral map. If new cadastral surveys are conducted for the cadastral map, except for those serving land registration, issuance of individual certificates, or annual updates, the People's Committee at the district level shall perform the tasks and powers delegated by law to the district and commune levels within their respective jurisdictions.

2. Amend and supplement Clause 1 of Article 21 as follows:

“1. When conducting cadastral surveys, a technical design - budget estimate must be prepared in accordance with this Circular, except in cases provided for in Clause 5 of this Article. The technical design - budget estimate must be reviewed by the Department of Natural Resources and Environment before being submitted to the investment decision-making authority for approval.

After approval, the technical design - budget estimate must be submitted in one copy (in digital form) to the Ministry of Natural Resources and Environment (Land Management Administration) along with the Approval Decision for monitoring implementation and supervision.”

3. Add Clause 1a to Article 21 as follows:

“1a. Cadastral surveys, adjustments to cadastral maps, and extractions of cadastral records must be linked to land registration, preparation and adjustment of land administration files, establishment of land administration databases, or land allocation, land leasing, land recovery, compensation, clearance of land obstacles, resolution of complaints and disputes over land, or planning and land use plans.”

4. Amend and supplement Point 7.1 of Clause 7 of Article 22 as follows:

“7.1. In cases where the Land Registration Office or Branch of the Land Registration Office or the Land Use Right Registration Office (hereinafter referred to collectively as the Land Registration Office) conducts extractions of cadastral records to serve land registration and issuance of individual certificates annually, there must be signatures of the surveyor, the checker, and the approval signature of the Director of the Land Registration Office on the outer part of the cadastral record extraction frame according to the model specified in Point 4 of Section III of Appendix No. 01 attached to this Circular.

In cases where other organizations with the function of conducting cadastral surveys carry out extractions of cadastral records to serve land registration and issuance of individual certificates annually, there must be signatures and seals of the organization conducting the survey, the checker under the Land Registration Office, and the approval signature of the Director of the Land Registration Office.”

Article 4. Amend and supplement Article 5 of Circular No. 37/2014/TT-BTNMT dated June 30, 2014 detailing compensation, support, and resettlement when the State recovers land

Amend and supplement Article 5 as follows:

“Article 5. Determination of agricultural land area for living stability support; agricultural land supported for vocational training, job conversion, and employment search when the State recovers land

1. The area of agricultural land recovered for living stability support as stipulated in point b, Clause 3 of Article 19 of Decree No. 47/2014/NĐ-CP (amended and supplemented by Clause 1 of Article 2 of Decree No. 148/2020/NĐ-CP) shall be determined according to each land recovery decision of the competent People's Committee, without cumulative areas of agricultural land recovered in previous decisions.

2. The area of agricultural land for living stability support is the area of agricultural land currently used by households and individuals within the commune, ward, or town where the land is being recovered at the time of the land recovery decision.

3. Agricultural land supported for living stability, vocational training, job conversion, and employment search when the State recovers land includes:

a) Agricultural land with origins assigned by the State to households and individuals directly engaged in agricultural production pursuant to Decree No. 64/CP dated September 27, 1993 of the Government promulgating Regulations on the assignment of agricultural land to households and individuals for long-term stable use for agricultural purposes; Decree No. 85/1999/NĐ-CP dated August 28, 1999 of the Government amending and supplementing certain provisions of the Regulations on the assignment of agricultural land to households and individuals for long-term stable use for agricultural purposes and adding the assignment of salt-producing land to households and individuals for long-term stable use; assignment of forestry land pursuant to Decree No. 02/CP dated January 15, 1994 of the Government promulgating Regulations on the assignment of forestry land to organizations, households, and individuals for long-term stable use for forestry purposes; Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on the assignment and lease of forestry 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 implementing the Land Law; Clause 1 of Article 54 of the 2013 Land Law;

b) Agricultural land currently used by households and individuals who meet the conditions for land assignment according to land laws, obtained through transfer, inheritance, gift in accordance with the law, and confirmed by the People's Committee of the commune where the land is being recovered as directly engaged in agricultural production on that land;

c) Agricultural land currently used by households and individuals who meet the conditions for land assignment according to land laws, without land use rights certificates but not violating land laws, eligible for land compensation, and confirmed by the People's Committee of the commune where the land is being recovered as directly engaged in agricultural production on that land;

d) Agricultural land received from state-owned farms for use in agriculture, forestry, aquaculture (excluding special-use forests and protective forests), when the State recovers it and the users are directly engaged in agricultural and forestry production and have stable income from agricultural production on that land;

d) Agricultural land currently being used by households or individuals under lease agreements from agricultural and forestry companies converted from state-owned farms (excluding special-use forests and protective forests) that are directly engaged in agricultural production and have stable income from such agricultural production on the land;

e) Agricultural land currently being used by households or individuals under lease agreements from agricultural production groups or agricultural cooperatives that are directly engaged in agricultural production and have stable income from such agricultural production on the land.

4. In cases where households or individuals using land as stipulated in Clause 2 of Article 2 of this Decree have less than 30% of their currently used agricultural land expropriated, and such expropriation affects the livelihood and production of the persons whose land is being expropriated, the Chairman of the Provincial People's Committee shall decide on appropriate support measures other than those prescribed in Article 25 of Decree No. 47/2014/NĐ-CP based on the actual situation in the locality.

Article 5. Amending and supplementing Circular No. 02/2015/TT-BTNMT dated January 27, 2015 detailing certain provisions of Decree No. 43/2014/NĐ-CP and Decree No. 44/2014/NĐ-CP of the Government

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

Article 3. Establishing and adjusting planning and land use plans for tidal flat lands along rivers, tidal flat lands along coasts, and coastal water surface lands

1. For localities where provincial land use planning, provincial land use plans, district-level land use planning, and annual district-level land use plans do not include provisions on the use of tidal flat lands along rivers and tidal flat lands along coasts, in cases where the planning of tidal flat lands along rivers and tidal flat lands along coasts falls within the administrative boundaries of multiple district-level administrative units, the Provincial People's Committee, the People's Committee of districts, towns under centrally governed cities, counties, towns, and cities under provinces (hereinafter referred to as the District People's Committee) shall be responsible for organizing reviews to adjust and supplement these plans into provincial land use planning, provincial land use plans, district-level land use planning, and annual district-level land use plans.

2. Provincial land use planning, provincial land use plans, district-level land use planning, and annual district-level land use plans must reflect the use of coastal water surface lands in accordance with laws on land.

2. Amend and supplement Clause 1 of Article 11 as follows:

"1. Cases of changing land use purposes without requiring permission from competent state agencies but requiring registration of changes, including:

a) Converting arable land to other types of agricultural land, including land used for constructing greenhouses and other structures serving crop cultivation; land for building livestock and poultry sheds and other animals permitted by law; aquaculture for educational, research, and experimental purposes;

b) Converting other types of arable land or aquaculture land to perennial crop land;

c) Converting perennial crop land to aquaculture land or arable land;

d) Converting residential land to non-agricultural land that is not residential land;

e) Converting commercial and service land to other types of non-agricultural production and business land that are not non-agricultural production facilities; converting non-agricultural production and business land that are not commercial or service land, or non-agricultural production facilities to construction land for public works."

Article 6. Amending and supplementing some articles of Circular No. 61/2015/TT-BTNMT dated December 15, 2015 on the issuance and management of Land Valuation Certificates

1. Amending and supplementing Point b and Point c Clause 1 Article 3 as follows:

“b) Page 2 printed in black ink includes: the phrase “MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT”; “LAND ADMINISTRATION DEPARTMENT”; the image of the land valuer; "Valid until:" and "Certificate Number:".

The Certificate Number consists of seven digits, including: the first three digits are the serial number of the Certificate starting from 001 to 999, followed by the book number of the Certificate consisting of two digits starting from 01 to 10 and the year of issuance of the Certificate consisting of the last two digits of the year of issuance.

c) Page 3 printed in black ink includes: the national emblem; "LAND VALUATION CERTIFICATE"; "DIRECTOR OF THE LAND ADMINISTRATION DEPARTMENT"; "Issued to Mr./Mrs.:"; "Date of Birth:"; "Nationality:"; "ID Card/Identity Card/Passport Number"; "Date of Issue"; "Place of Issue"; "Authorized to practice land valuation nationwide"; date, month, year of signing the Land Valuation Certificate; person signing the Land Valuation Certificate.”

2. Amending and supplementing Point d Clause 2 Article 5 as follows:

“d) The Land Administration Department shall be responsible for reviewing the files, and in cases where the conditions for issuing the Land Valuation Certificate are met, the Director of the Land Administration Department shall examine and decide to issue the Land Valuation Certificate within fifteen days from the date of receipt of complete valid files. The decision on the issuance of the Land Valuation Certificate shall be made according to the form prescribed in Appendix No. 05 issued together with this Circular;”

3. Amending and supplementing Clause 2 of Article 6 as follows:

“2. Documents for requesting the issuance or reissuance of the Land Valuation Certificate include:

a) Application for the issuance or reissuance of the Land Valuation Certificate according to the form prescribed in Appendix No. 04 issued together with this Circular;

b) Certificate proving completion of the land valuation training course within one year prior to the date of application for the issuance or reissuance of the Land Valuation Certificate (a certified copy; if there is no certified copy, the applicant must bring the original for verification);

c) The previously issued Land Valuation Certificate in case of reissuance due to fading, tearing, or damage;

d) Two (2) color photographs measuring 4x6 cm taken within six months prior to the date of application for the issuance or reissuance of the Land Valuation Certificate.”

"3. In special administrative-economic zones without local government levels, the People's Committee of the special zone shall perform the responsibilities of the Standing Body of the People's Council at the commune level as stipulated in Clauses 1 and 2 of this Article."

“3. Based on the provisions of Clause 2 of this Article, the Director of the Land Administration Department shall examine and decide to revoke the Land Valuation Certificate according to the form prescribed in Appendix No. 06 issued together with this Circular.

The decision to revoke the Land Valuation Certificate shall be sent to the person whose certificate is revoked, the competent authority of that person, and simultaneously published on the Ministry of Natural Resources and Environment's electronic portal and the Land Administration Department's electronic portal.”

5. Amending and supplementing Clause 2 Article 11 as follows:

“2. The Director of the Land Administration Department shall be responsible for examining and deciding on the issuance, reissuance, revocation of the Land Valuation Certificate; periodically reporting to the Minister of Natural Resources and Environment on the results of the issuance, reissuance, and revocation of the Land Valuation Certificate before December 31 each year.”

Article 7. Amending and supplementing Circular No. 07/2015/TT-BTNMT dated February 26, 2015 on the preparation of land use plans; preparation of land boundary records; surveying and mapping; determination of land rental prices; allocation of land, leasing of land, and issuance of certificates of land use rights, ownership of houses, and other assets attached to land for agricultural and forestry companiesi preparation of land boundary records; surveying and mapping; determination of land rental prices; allocation of land, leasing of land, and issuance of certificates of land use rights, ownership of houses, and other assets attached to land for agricultural and forestry companiesArticle 8. Steps for handling land funds transferred to localities

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

1. The Department of Natural Resources and Environment shall organize surveys to specifically determine the land fund transferred to localities according to the project or restructuring plan and development plan of agricultural and forestry companies, and the land use plan of agricultural and forestry companies approved by competent state authorities.

2. The Department of Natural Resources and Environment shall prepare documents for land recovery and submit them to the Provincial People's Committee for approval to recover the land.

3. The District People's Committee shall assist the Provincial People's Committee in preparing the land use plan for the transferred land fund within its administrative boundaries and send it to the Department of Natural Resources and Environment.

4. The natural resources and environment agency shall prepare documents to submit to the competent authority for decisions on allocating land, leasing land, recognizing land use rights for current users according to the approved land use plan; sign lease contracts for leased land; update cadastral maps (if necessary) to issue certificates, hand over land on-site, and update cadastral records and land databases.

5. The Provincial People's Committee shall approve the content of the land use plan for the transferred land fund in accordance with the actual management and use of land by localities and ensure the following principles:

a) Consistent with the land use planning and planning already approved by competent authorities;

b) Consistent with the provisions of the Land Law regarding land classification, land users, land use forms, land use periods, land use limits, and conditions for recognizing land use rights;

c) Address the land use needs of priority groups as stipulated in Article 46 of Government Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing certain provisions of the Land Law and Government Decree No. 118/2014/NĐ-CP dated May 15, 2014 on the restructuring, reform, and development, and improving the efficiency of agricultural and forestry companies;

d) The allocation of land, leasing of land, and recognition of land use rights shall be conducted openly, democratically, objectively, truthfully, and equally, protecting the legitimate rights and interests of related parties.”

Article 10. Allocation of land, leasing of land, and issuance of certificates for agricultural and forestry companies

2. Amend and supplement Article 10 as follows:

On the basis of the project or restructuring plan and development plan of agricultural and forestry companies, and the land use plan of agricultural and forestry companies approved by competent state authorities, the Department of Natural Resources and Environment shall be responsible for preparing documents to submit to the Provincial People's Committee for decisions on the allocation of land, leasing of land, and issuance of certificates for agricultural and forestry companies.”

Based on the plan or scheme for the reorganization, renovation, and development of agricultural and forestry companies; the land use plan of agricultural and forestry companies approved by competent state authorities, the Department of Natural Resources and Environment is responsible for preparing the dossier to submit to the Provincial People's Committee for decisions on land allocation, land lease, and issuance of certificates for agricultural and forestry companies.”

Article 8. Amend and supplement Circular No. 33/2017/TT-BTNMT dated September 29, 2017 detailing Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain decrees detailing the implementation of the Land Law and amending and supplementing certain articles of circulars guiding the implementation of the Land Law.

1. Amend and supplement Clause 8 of Article 7 (supplementing Article 9b to Circular No. 24/2014/TT-BTNMT) as follows:

"8. Supplement Article 9b as follows:

Article 9b. Registering land use rights and ownership rights over attached assets for organizations and individuals purchasing debts according to Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly

1. The registration of land use rights and ownership rights over attached assets for organizations and individuals purchasing debts where the land use rights and attached assets originate from non-performing loans of credit institutions and foreign bank branches according to Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly shall be carried out in cases where mortgage transactions have been conducted in compliance with the provisions of the Land Law and other relevant laws; the purchase of debts secured by land use rights and attached assets must comply with the provisions of the law on debt purchase.

2. Documents submitted when implementing the procedure for registering land use rights and ownership rights over attached assets include:

b) Original Land Use Right Certificate already issued, except in cases where decisions or judgments of the People's Court, enforcement decisions of enforcement agencies have taken effect, or auctions of land use rights and real property attached to land requested by the People's Court or enforcement agencies cannot recover the original Land Use Right Certificate already issued.

b) Original Certificate of Land Use Right already issued;

c) A written agreement or mortgage contract containing provisions regarding the disposal of mortgaged property, whereby the mortgagee or guarantor receives the collateral directly;

d) A document on the purchase of debts in accordance with the law on debt purchase containing provisions regarding the organization or individual purchasing the debt inheriting the rights and obligations of the mortgagee or guarantor under the mortgage contract or guarantee contract;

đ) A document on the transfer of purchased debt assets or a decision made by the competent authority in accordance with the law in cases where the transfer of purchased debt assets cannot be agreed upon, or a record of asset seizure in accordance with Clause 5 of Article 7 of Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly on pilot handling of non-performing debts."

2. Amend and supplement Clause 1 of Article 9 as follows:

"1. Supplement Article 5a and Article 5b as follows:

Article 5a. Documents submitted to the Prime Minister for approval of the change of land use purpose from rice fields, protective forest land, and special-use forest land to implement projects

1. Documents submitted by the provincial People's Committee to the Ministry of Natural Resources and Environment for review include:

a) A report of the provincial People's Committee according to Model No. 03a issued together with this Circular;

b) An investment approval document in accordance with the law on investment or a decision on investment approval in accordance with the law on public investment which remains valid at the time of submission, except in cases where the investment approval procedure is not required under the law on investment or the public investment approval procedure is not required under the law on public investment;

c) The Decision approving the annual land use plan of the district and the explanatory report of the annual land use plan of the district approved by the competent state agency; a copy of the map of the annual land use plan of the district prepared, signed, and stamped by the Department of Natural Resources and Environment;

d) The resolution of the provincial People's Council approving the list of projects requiring land acquisition in accordance with Clause 3 of Article 62 of the Land Law;

đ) A replanting plan approved by the competent state agency or a document confirming the completion of the obligation to pay for replanting in accordance with the forestry law for projects changing the purpose of protective forest land and special-use forest land, or a plan for using surface soil layers in accordance with Decree No. 94/2019/NĐ-CP dated December 13, 2019 of the Government detailing some provisions of the Planting Law on plant varieties and cultivation for projects changing the purpose of rice field land.

2. Documents prepared by the Ministry of Natural Resources and Environment for submission to the Prime Minister include:

a) A document of the Ministry of Natural Resources and Environment submitted to the Prime Minister;

b) Documents specified in Clause 1 of this Article;

c) Minutes of the meeting of the Review Board for approving the change of land use purpose from rice fields, protective forest land, and special-use forest land to implement investment projects organized by the Ministry of Natural Resources and Environment in coordination with the Ministry of Agriculture and Rural Development and other relevant ministries and sectors (if applicable).

3. Documents for reviewing the change of land use purpose from rice fields, protective forest land, and special-use forest land submitted to the Prime Minister for approval of investment proposals in accordance with point a of Clause 3 of Article 32 of Decree No. 31/2021/NĐ-CP dated March 26, 2021 of the Government detailing some provisions of the Investment Law include the components of documents specified in Article 31 of Decree No. 31/2021/NĐ-CP, documents specified in points c and đ of Clause 1 of this Article, and a document of the provincial People's Committee specifying remaining land use indicators at the time of project proposal and compliance with land law regulations by the investor.

Article 5b. Documents to be submitted to the Provincial People's Council for approval on changing the purpose of using rice cultivation land, protective forest land, and special-use forest land for project implementation

1. The documents prepared by the Department of Natural Resources and Environment for submission to the Provincial People's Committee include:

a) A proposal from the Provincial People's Committee according to Model No. 03b issued together with this Circular;

b) The documents specified in points b, c, d, and đ of Clause 1, Article 5a of this Circular.

2. The documents prepared by the Provincial People's Committee for submission to the Provincial People's Council include:

a) A document for submission to the Provincial People's Council according to Model No. 03c issued together with this Circular;

b) The documents stipulated in Clause 1 of this Article.

3. Amend and supplement Clause 3 of Article 11 as follows:

Article 6a. Compensation and support for remaining land area after land recovery that does not meet conditions for continued use

1. Organizations, households, and individuals currently using agricultural land or non-agricultural land other than residential land, when the State recovers such land and the remaining area of the plot after recovery does not meet the conditions for continued use as prescribed by the Provincial People's Committee, if the land user requests the recovery of the land, then the competent People's Committee shall examine and decide on the recovery of the land and implement compensation and support in accordance with the law.

2. The compensation and support funds when the State recovers land as provided in Clause 1 of this Article must be reflected in the compensation, support, and resettlement plan and included in the compensation, support, and resettlement budget of the investment project.

Article 9. Amend and supplement Circular No. 27/2018/TT-BTNMT dated December 14, 2018, concerning land statistics, inventory, and current land use map preparation

1. Amend and supplement Item 2.2.5.6 of Appendix 01 as follows:

"2.2.5.6. Land used for mineral activities is land for exploration, exploitation, and processing of minerals attached to the mining area, land for construction of facilities serving mineral activities (including headquarters, shift rest houses, and other facilities serving workers attached to the mining area), and safety corridors during mineral activities (including soil, rock, sand, gravel used for producing construction materials, pottery, porcelain, glass, which have been granted mining permits by competent authorities)."

2. Amend and supplement Item 2.2.5.7 of Appendix No. 01 as follows:

"2.2.5.7. Land for production of construction materials and ceramics is land for extraction of soil, rock, sand, gravel (excluding cases where soil, rock, sand, gravel are minerals used for producing construction materials, ceramics, porcelain, glass, which have been granted mining permits by competent authorities) and land for preparing and producing construction materials and ceramics, porcelain, glass attached to the extraction area."

Article 10. Responsibility for Implementation

1. Ministries, ministerial-level agencies, provincial and municipal people's committees under the central government, and related organizations and individuals are responsible for implementing this Circular.

2. The National Land Administration is responsible for monitoring and urging the implementation of this Circular.

3. The Department of Natural Resources and Environment is responsible for assisting provincial and municipal people's committees under the central government in organizing the implementation of this Circular at the local level.

4. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals should promptly report them to the Ministry of Natural Resources and Environment for consideration and resolution.

Article 11. Implementation Provisions

1. This Circular takes effect from September 1, 2021.

2. In cases of changing the purpose of using rice cultivation land, protective forest land, and special-use forest land, if the documents were fully and properly submitted in accordance with regulations before the effective date of this Circular, they do not need to be resubmitted in accordance with this Circular. By the end of the 2020 land use planning period, if the land use indicators in the land use plan for the planning period have not been fully implemented, the provincial and municipal people's committees under the central government shall direct their inclusion in the annual land use plan at the district level for approval and implementation until the next planning period is approved.

3. For cases of changing the purpose of using rice cultivation land, protective forest land, and special-use forest land that have been approved by the Prime Minister within the remaining land use indicators of the 2020 land use planning period but have not yet been fully implemented, the provincial people's committees shall direct the updating of land demand into the annual land use plan at the district level for approval by the competent authority to continue implementation; simultaneously, update it into the land use plan for the 2021-2030 period in accordance with the law.

4. As for the land use plans of agricultural and forestry companies, and land use plans handed over to localities that have been approved by the competent authority before the effective date of this Circular, they can continue to be implemented without having to follow the provisions of this Circular.

As for the land use plans of agricultural and forestry companies, and land use plans handed over to localities that have not been approved by the competent authority before the effective date of this Circular, they must be implemented in accordance with the provisions of this Circular.

6. For areas at the district level without township administrative units, cadastral documents shall be prepared according to district administrative units; for documents for procedures that require confirmation from township administrative units, the District People's Committee shall carry out the confirmation or delegate the confirmation according to the law on local administration organization and the resolution of the Standing Committee of the National Assembly regarding the establishment of district administrative units.

7. Transfer Clause 5 of Article 11 of Circular No. 24/2014/TT-BTNMT (supplemented pursuant to Clause 10 of Article 7 of Circular No. 33/2017/TT-BTNMT) to be Clause 7 of Article 11 of Circular No. 24/2014/TT-BTNMT.

8. This Circular abolishes Clause 1 of Article 19, Clause 3 of Article 20 of Circular No. 02/2015/TT-BTNMT; Article 4, Clauses 2, 3, 4, 5, and 6 of Article 7, Clause 1 of Article 11, and Clause 1 of Article 12 of Circular No. 33/2017/TT-BTNMT; Clause 6 of Article 1 of Circular No. 24/2019/TT-BTNMT.

9. Supplement Model No. 04d/ĐK issued together with Circular No. 24/2014/TT-BTNMT; replace Model No. 03a, supplement Models 03b, 03c, Tables 01, 02 accompanying Models 3a, 3b, 3c, and Table 03 accompanying Model 3a issued together with Circular No. 33/2017/TT-BTNMT; replace Annexes No. 01, 05, 06 issued together with Circular No. 61/2015/TT-BTNMT./.