Circular No. 125/2021/TT-BTC stipulates the declaration, reporting, and proposal of plans for the reorganization and handling of houses and land. This Circular amends certain provisions of Decree No. 167/2017/NĐ-CP and adds new Appendices with specific guidance for Form No. 01 and Form No. 02 on the declaration and reporting of the current status of house and land usage. The main contents include: 1. Basic information about houses and land (address, area, purpose of use); 2. Related legal documents; 3. Actual current usage status; 4. Proposed plan for reorganization and handling of houses and land; 5. Notes on matters to be observed during the declaration process.
적용 범위
Agencies, organizations, and units managing and using houses and land within the scope regulated by Decree No. 167/2017/NĐ-CP.
핵심 사항
- Amend regulations on legal documents and the actual usage status of houses and land.
- Supplement specific guidance for the preparation of Form No. 01 and Form No. 02.
- Require clearly stating the proposed plan for reorganization and handling of houses and land.
- Need to verify accurately the information on the area, purpose of use, and actual usage status of houses and land.
- Request competent authorities to consider and approve the plan for reorganization and handling of houses and land.
🌐 이 문서의 사회적 영향
- Strengthen state management over the reorganization and handling of houses and land.
- Save and use state resources efficiently.
- Reduce waste in the management and use of public assets.
- Ensure the rights of citizens and organizations when there are changes in houses and land.
❓ 자주 묻는 질문
To whom does this Circular apply?
It applies to agencies, organizations, and units managing and using houses and land within the scope regulated by Decree No. 167/2017/NĐ-CP.
What are the main contents of this Circular?
Including basic information about houses and land, related legal documents, actual current usage status, proposed plan for reorganization and handling of houses and land, notes on matters to be observed during the declaration process.
What new contents does this Circular supplement?
Supplements specific guidance for the preparation of Form No. 01 and Form No. 02 on the declaration and reporting of the current status of house and land usage.
전문
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 125/2021/TT-BTC |
Hanoi, December 30, 2021 |
CIRCULAR
AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF CIRCULAR NO. 37/2018/TT-BTC DATED APRIL 16, 2018 OF THE MINISTRY OF FINANCE GUIDING SOME CONTENTS ON REORGANIZING AND HANDLING REAL ESTATE AS PROVIDED FOR IN DECREE NO. 167/2017/NĐ-CP DATED DECEMBER 31, 2017 OF THE GOVERNMENT ON THE REORGANIZATION AND HANDLING OF STATE ASSETS
On the basis of Law on Management and Use of State Assets dated June 21, 2017;
Pursuant to Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on the reorganization and handling of state assets;
Decree No. Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government amending and supplementing certain articles of Decree No. 167/2017/NĐ-CP;
Decree No. Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
At the proposal of the Director of the State Asset Management Agency,
The Minister of Finance promulgates this Circular amending and supplementing certain Articles of Circular No. Circular No. 37/2018/TT-BTC dated April 16, 2018 guiding some contents on reorganizing and handling real estate as provided for in Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on the reorganization and handling of state assets.
Article 1. Amending and supplementing certain Articles of Circular No. 37/2018/TT-BTC dated April 16, 2018 of the Ministry of Finance guiding some contents on reorganizing and handling real estate as provided for in Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on the reorganization and handling of state assets.
"2. Company Limited Tan Cang - Petro Cam Ranh (hereinafter referred to as Tan Cang - Petro Cam Ranh Company) is an enterprise directly serving national defense and security, with 100% capital contribution from state-owned enterprises holding 100% of the Charter Capital."
"Article 2. Scope of Application
2. Enterprises specified in point b Clause 1 Article 2 of Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on the reorganization and handling of state assets (amended and supplemented in Clause 2 Article 1 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government)."
2. Amending and supplementing Article 3 as follows:
"Article 3. Preparing Declaration Reports, Aggregating Information, and Formulating Plans for Reorganizing and Handling Real Estate
1. The preparation of declaration reports, aggregating information, and formulating plans for reorganizing and handling real estate shall be carried out in accordance with Article 5 of Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government (amended and supplemented in Clause 5 Article 1 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government).
2. Agencies, organizations, units, and enterprises directly managing and using real estate shall prepare declaration reports (including information on area, legal documents, purpose of use, current status of use, and proposed plan) in accordance with Model No. 01 prescribed in the Appendix attached to Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government.
In cases where proposals for selling assets on land or transferring land use rights are made, agencies, organizations, units, and enterprises under central management shall submit documents determining the original value of assets on land and the value of land use rights in accordance with Clause 12 Article 11 of Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government (supplemented in Clause 11 Article 1 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government).
3. The preparation of Model No. 01 prescribed in the Appendix attached to Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government shall be carried out in accordance with Appendix No. 01 issued together with this Circular. The preparation of Model No. 02 prescribed in the Appendix attached to Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government (amended and supplemented in Model No. 02 Appendix attached to Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government) shall be carried out in accordance with Appendix No. 02 issued together with this Circular.
4. Agencies, organizations, units, and enterprises directly managing and using real estate; agencies and enterprises responsible for consolidating plans for reorganizing and handling; agencies with authority to formulate plans for reorganizing and handling real estate shall be responsible for the completeness and accuracy of the reported information."
3. Amend Article 10 as follows:
"Article 10. Transitional Handling
The transitional handling of real estate that has been approved by competent authorities before January 1, 2018 shall be carried out in accordance with Article 28 of Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government (amended and supplemented in Clause 19 Article 1 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government)."
4. Amend Clause 6 of Article 11 as follows:
"6. Responsibilities for Implementation
a) Ministries, ministerial-level agencies, government agencies, and other central agencies organize and direct agencies, organizations, units, and enterprises within their jurisdiction to implement the reorganization and handling of real estate in accordance with regulations and organize monitoring, urging, inspecting, and reviewing the implementation of approved plans for reorganizing and handling real estate of agencies, organizations, units, and enterprises within their jurisdiction to ensure compliance with laws and prevent the loss of state assets.
b) People's Committees of provinces and centrally-administered cities organize and direct agencies, organizations, units, and enterprises within their jurisdiction to implement the reorganization and handling of real estate in accordance with regulations; organize monitoring, urging, inspecting, and reviewing the implementation of approved plans for reorganizing and handling real estate within their local jurisdiction and real estate managed by central and other localities within their territory in accordance with their functions, tasks, and responsibilities to ensure compliance with laws and prevent the loss of state assets.
c) The organization, monitoring, urging, inspecting, and reviewing the implementation of approved plans for reorganizing and handling real estate as stipulated in points a and b of this clause include both completed and unfinished plans for reorganizing and handling real estate that have been approved by competent authorities.
d) Based on inspections and reviews conducted in accordance with points a and b of this clause, ministries, central agencies, and provincial people's committees shall direct agencies, organizations, units, and enterprises to handle transitions in accordance with regulations.
If violations in the implementation of approved plans for reorganizing and handling real estate are discovered through inspections and reviews, they shall be promptly addressed or reported to competent authorities for handling in accordance with laws to prevent the loss of state funds and assets."
Article 2. Replacing and abolishing certain provisions stipulated in Circular No. 37/2018/TT-BTC dated April 16, 2018 of the Ministry of Finance guiding certain contents on reorganizing and disposing of real estate as prescribed in Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on reorganizing and disposing of state assets.
1. Abolish Article 6, Article 7 of Circular No. 37/2018/TT-BTC dated April 16, 2018 of the Ministry of Finance guiding certain contents on reorganizing and disposing of real estate as prescribed in Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on reorganizing and disposing of state assets.
2. Enact Appendix 01, Appendix 02 to replace the appendix attached to Circular No. 37/2018/TT-BTC dated April 16, 2018 of the Ministry of Finance guiding certain contents on reorganizing and disposing of real estate as prescribed in Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on reorganizing and disposing of state assets.
Article 3. Implementation Provisions
1. This Circular takes effect from February 15, 2022.
2. The transitional handling for cases arising from January 1, 2018 to before September 1, 2021 according to Clause 2 Article 2 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government shall be carried out as follows:
a) Real estate that has been approved by competent authorities with plans for selling assets on land or transferring land use rights shall be implemented in accordance with point a, Clause 2, Article 2 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government;
b) Real estate that has been approved by competent authorities with plans for changing land use purposes shall be implemented in accordance with point b, Clause 2, Article 2 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government;
c) Real estate that has been approved by competent authorities with plans for reorganizing and disposing of real estate under other plans (not being the plans specified in points a and b of this clause) shall be implemented in accordance with point c, Clause 2, Article 2 of Decree No. 67/2021/NĐ-CP dated July 15, 2021 of the Government.
3. In the course of implementation, if any difficulties arise, please promptly report to the Ministry of Finance for coordination and resolution.
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Place of Receipt: |
DEPUTY MINISTER |
ANNEX NO. 01
(Enacted together with Circular No. 125/2021/TT-BTC dated December 30, 2021 of the Minister of Finance)
Guidelines for preparing Form No. 01 Appendix issued together with Decree No. 167/2017/NĐ-CP dated December 31, 2017 of the Government on reorganizing and disposing of state assets
1. Column 1 - Serial number:
Number all real estate properties within the scope of reorganization and disposal of real estate.
2. Column 2 - Name/unit address:
a) Name: Record the full name of the agency, organization, unit, enterprise directly managing and using the real estate; in case there is a superior management agency, record the superior management agency first;
b) Address of real estate: Record fully according to house number, street, village (neighborhood, ward), district (township, town, city under province), province, centrally governed city. In case the address of the real estate has changed, record according to the new address at the time of declaration; simultaneously, record the old address in parentheses.
3. Column 3 - Land area:
Record the total area of the land plot according to the unit of measurement m2 currently managed and used based on legal documents on land or actual management and use.
In case the data between legal documents and the actual data currently managed and used differ, record according to the actual usage data and clearly state the reasons for the discrepancy and legal documents proving (if any); in case part of the land area belongs to the land planning for national defense, security, economic and social development for public interest and must be reclaimed, clearly record this part of the land area (according to the unit of measurement m2).
4. Column 4 - Building area: Divided into two columns:
- Column 4a - Total construction area: is the total occupied land area according to the unit of measurement m2 of all buildings on the real estate property and the total construction area (occupied land area) according to the unit of measurement m2 of other structures attached to the land.
- Column 4b - Total usable floor area of buildings: Record the total usable floor area of all buildings and other structures attached to the land on the real estate property calculated according to m2 usable floor area.
In case the real estate documents have not recorded the data on usable floor area, record according to the data on constructed floor area.
In case other structures attached to the land (not being buildings): Record the total construction area (occupied land area) according to the unit of measurement m2 of other structures attached to the land.
5. Column 5 - Legal documents:
Record separately legal documents on land and legal documents on buildings:
- Legal documents on land: Record fully types of documents such as: Decision on land allocation, land lease, Certificate of Land Use Right, Land Lease Contract,
- Legal documents on buildings: Record fully types of documents related to building investment such as: House Lease Contract, Construction Permit,...and documents to determine construction area, constructed floor area, and usable floor area.
- Other relevant legal documents (if any).
In case there are no documents, record clearly as "none" or "lost" or "in process".
6. Column 6 - Purpose of use of the real estate property allocated/leased
Record the purpose of land use according to the document of the competent authority allocating land, leasing land or land-related documents,...
7. Column 7 - Current status of use
Record the number of buildings; current status of use of buildings on the land plot (state the purpose of use of different buildings), in case buildings are used for the same purpose, it is not necessary to separate the status of each building, in case multiple purposes are used in one building, the status should be recorded according to the area of each purpose.
For other structures attached to the land, record the current status of use of these structures.
In cases where there are disputes or encroachments on houses and land, the agency, organization, unit, or enterprise shall obtain confirmation from the People's Committee of the commune, ward, or town (where the house and land are located) regarding the status of such disputes or encroachments.
8. Column 8 - Proposed Plan:
The agency, unit, organization, or enterprise directly managing and using the house and land, or the superior management agency (if any), or the competent authority shall propose a plan to reorganize and handle the house and land in accordance with the provisions of Clause 2, Article 4 of Decree No. 167/2017/NĐ-CP, ensuring that the proposed plan for reorganization and handling of the house and land is consistent with the forms of handling the house and land when implementing reorganization as stipulated in Article 7 of Decree No. 167/2017/NĐ-CP.
9. Column 9 - Notes:
Record any notes during the declaration, reporting, and proposal of plans to reorganize and handle the house and land.
APPENDIX NO. 02
(Enacted together with Circular No. 125/2021/TT-BTC dated December 30, 2021 of the Minister of Finance)
Guidelines for preparing Form No. 02 attached to Decree No. 67/2021/NĐ-CP dated July 15, 2021, issued by the Government to amend and supplement certain articles of Decree No. 167/2017/NĐ-CP.
1. Section I - Legal Documents
Record separately legal documents on land and legal documents on buildings:
- Legal documents concerning land: Record all types of documents such as Land Allocation Decision, Land Lease Decision, Certificate of Land Use Right, Land Lease Contract, etc.
- Legal documents concerning buildings: Record all types of documents such as Building Lease Contract, Construction Permit, etc.
- Other relevant legal documents (if any).
In case there are no documents, record clearly "no documents," "lost," or "in process."
2. Section II - Results of Current Status Inspection
2.1. Summary of House and Land
a) Total land area: Record the total area of the land plot according to the unit of measurement m2 currently managed and used based on the legal land documents; if the data between the legal documents and the actual current management and use differ, record according to the actual usage and specify the reasons for the discrepancy and supporting legal documents (if available);
b) Total number of buildings: Record the total number of buildings within the land plot;
c) Total building area:
- Total construction area of buildings: is the total occupied land area according to the unit of measurement m2 of all buildings within the land plot;
- Total usable floor area of buildings: Record the total usable floor area of all buildings within the land plot according to the unit of measurement m2.
In case the real estate documents have not recorded the data on usable floor area, record according to the data on constructed floor area.
d) Area of other structures built on the land (not being buildings): Record the total construction area (occupied land area) according to the unit of measurement m2 of all structures.
2.2. Current Land Usage Status:
Clearly state the purpose of the land use (work, loaned out, rented, arranged for residential purposes, residential land, encroached upon, used for other purposes, left blank, not yet used).
2.3. Current Usage Status of Buildings and Other Structures Attached to the Land (Not Being Buildings):
- For buildings as assets: Record the number of buildings, building grade (Grade 1, Grade 2, Grade 3...); current usage status of buildings within the land plot (specify the purpose of different buildings), if the buildings are used for the same purpose, it is not necessary to separate the status of each building, if multiple purposes are used within one building, the status should be recorded according to the area of each usage purpose.
- For other structures attached to the land (not being buildings): Record the current usage status of these structures.
3. Section III - Opinions of the Entity Using the House and Land: Record the opinions of the entity directly using the house and land (if any).
4. Section IV - Opinions of the Inspection Team: Record the opinions of the members of the inspection team (if any)./
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