Circular No. 14/2023/TT-BTNMT Amending and supplementing certain provisions of circulars related to the submission and presentation of household registration books and related residency documents when performing administrative procedures and providing public services in the field of land

CIRCULAR

Amending and supplementing certain articles of circulars related to the submission and presentation of household registration books and related residency documents when performing administrative procedures and providing public services in the field of land

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Identity Cards dated November 20, 2014;

Pursuant to the Law on Legislative Regulatory Documents issued on June 22, 2015;

Pursuant to the Law on Residence dated November 13, 2020;

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

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;

Pursuant to Decree No. 148/2020/NĐ-CP dated December 18, 2020 of the Government amending and supplementing certain decrees detailing the implementation of the Land Law;

Pursuant to Decree No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing certain articles of decrees related to the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 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 Land Registration and Information Data Bureau, the Director of the Planning and Development of Land Resources Bureau, and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular amending and supplementing certain articles of circulars related to the submission and presentation of household registration books and related residency documents when performing administrative procedures and providing public services in the field of land.

Article 1. Amending and supplementing certain articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment on Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land

1. Amending and supplementing Point a Clause 1 Article 5 (already amended and supplemented at Clause 4 Article 6 of Circular No. 33/2017/TT-BTNMT) as follows:

“a) For domestic individuals, record "Mr." (or "Mrs."), followed by full name, year of birth, name and number of identity documents (if available), permanent address. If the identity document is a citizen identification card, record "ID No.:..."; if it is a military citizen identification card, record "Military ID No.:..."; if it is a citizen identity card, record "Citizen ID No.:..."; if there is no citizen identification card or citizen identity card, record "Birth Registration No.:..." or "Personal Identification Code:...;"

2. Amending and supplementing Point g Clause 1 Article 17 (already amended and supplemented at Clause 14 Article 6 of Circular No. 33/2017/TT-BTNMT) as follows:

“g) The land user or owner of assets attached to land is permitted to change the name; confirm changes in information about the legal entity, citizen identification card number, citizen identity card number, personal identification code, and address on the issued certificate according to the needs of the land user or owner of assets attached to land; confirm changes in information about the legal entity, citizen identification card number, citizen identity card number, personal identification code, and address on the issued certificate simultaneously with the land and asset registration change procedure;”

Article 2. Amend and supplement some articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment on land records

1. Amend and supplement Article 9 (which has been amended and supplemented under Clause 1 of Article 2 of Circular No. 09/2021/TT-BTNMT) as follows:

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

1. Documents for transferring agricultural land use rights of households and individuals to implement the "consolidation and redistribution of land" shall be jointly submitted by the 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 Estate Attached to Land according to Model No. 04d/ĐK issued together with this Circular of each household and individual;

b) Original Land Use Right Certificate that has been issued or a copy of the mortgage contract for land use rights in 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" plan (if applicable).

2. Documents to be submitted when performing procedures for transferring agricultural land use rights not falling within the scope of "consolidation and redistribution of land"; transferring, leasing, subleasing, inheritance, gift, contribution by land use rights and ownership of real estate attached to land; transferring land use rights and ownership of real estate 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 estate attached to land according to Model No. 09/ĐK.

In cases where households and individuals receive transferred land use rights, they must indicate the total area received 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 ... m² and from July 1, 2014 to date is ... m² (specify the specific area received for each type of land and each provincial administrative region)".²land (record the area of land received through transfer of rights); the total area of agricultural land currently in use, received through transfer of rights and registered for land use rights from July 1, 2007 to before July 1, 2014 is ... m²²and from July 1, 2014 to the present is ... m²²(specify the area of land received through transfer of rights according to each type of land and each provincial and centrally governed municipality area);

b) Contract or document regarding the transfer, transfer, lease, sublease, inheritance, gift, contribution by land use rights and ownership of real estate attached to land; transfer of land use rights and ownership of real estate attached to land from husband or wife to joint ownership of both spouses as prescribed.

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

c) Original Land Use Right Certificate that has been issued;

d) Approval document of the competent state agency for economic organizations receiving transferred rights, 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 estate attached to land to transfer, gift, lease, contribute the real estate attached to land in cases where the owner of the real estate attached to land is not simultaneously the land user.

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

a) Termination agreement of lease, sublease, contribution by land use rights and real estate attached to land contracts or lease, sublease, contribution by land use rights and real estate attached to land contracts with confirmation of termination;

b) Original Land Use Right Certificate that has been issued for cases of leasing, subleasing land use rights of infrastructure developers in industrial zones, clusters of industrial zones, export processing zones, high-tech parks, and economic zones, and cases of contributing by land use rights and ownership of real estate 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 estate attached to land before July 1, 2014 where the transferring party has been issued a Land Use Right Certificate but has not completed the transfer procedures as prescribed:

a) In cases of receiving transferred rights, inheritance, gifts of land use rights and real estate 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 receiving party, the documents include:

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

- Contract or document on the transfer established as prescribed;

b) In cases of receiving transferred rights of land use but not establishing a contract or document on the transfer as prescribed, the documents include:

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

- Original Land Use Right Certificate that has been issued;

- Document on the transfer of land use rights and real estate 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 estate attached to land in cases of resolving disputes, complaints, accusations about land; handling mortgage contract debts, contributions by land use rights and real estate attached to land; seizure, auction of land use rights and real estate attached to land for enforcement of judgments; division, merger, consolidation of organizations; agreement on consolidation or division of land use rights and real estate attached to land of households, of husband and wife, of groups of land users include:

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

b) Original Land Use Right Certificate that has been issued, except in cases of implementing decisions or judgments of the People's Court, enforcement decisions of enforcement agencies that have taken effect or conducting auctions of land use rights and real estate attached to land upon request of the People's Court or enforcement agencies without recovering the original Land Use Right Certificate that has been issued.

c) One of the following types of documents: Mediation agreement (in cases where mediation is successful and there is a change in land boundary limits, there must also be a decision recognizing such changes made by the competent People's Committee); decision of a state agency on resolving disputes, complaints, or denunciations concerning land according to the provisions of the law; property handover document in accordance with the agreement (if any), and agreement or mortgage contract containing provisions on the handling of mortgaged property; agreement or capital contribution contract containing provisions on the handling of contributed property and property handover document in accordance with the agreement; decision or judgment of the People's Court, enforcement decision of the enforcement agency that has been executed, which determines the person having the right to use the land and the ownership of attached assets; auction result document for land use rights and attached assets at the request of the land user or asset owner, or at the request of the People's Court or 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 organizational division, merger, or conversion of companies; contract or agreement on division, merger of land use rights and ownership of attached assets of households or between spouses or groups of joint land users or 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, the information of household members who jointly have the right to use the land and ownership of attached assets at the time of being granted land by the State, leasing land, recognizing land use rights, or transferring land use rights must be reflected in the contract or agreement on division or merger of land use rights and ownership of attached assets; in cases of dividing or merging land use rights and ownership of attached assets of spouses, the authority responsible for processing the procedures shall extract and use information about marital status from the National Population Database, if such information cannot be extracted, then a copy of the marriage certificate or divorce certificate must be submitted.

6. The documents to be 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:

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

b) Original Certificate of Land Use Right already issued;

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

- Official document recognizing the change in surname or name of an individual or household representative by a competent state agency as prescribed by law;

- Agreement document of the household confirmed by the Commune People's Committee for cases where the household representative is changed to another member of the household; in cases where the household representative is changed to the head of the household, the authority responsible for processing the procedures shall extract and use information about the household head from the National Population Database as stipulated in Article 14 of Decree No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing certain articles of decrees related to the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services;

- 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 are reduced due to natural erosion;

- Financial obligation payment receipt for cases where the issued Certificate of Land Use Right records debts 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 on changing the restriction on land use rights and ownership of attached assets recorded on the Certificate of Land Use Right for cases where there are restrictions according to the decision on granting land, leasing land, or recognizing land use rights; in cases where there are changes according to the transfer of land use rights document, there must be a consent document for changing the restriction from the party with related interests, confirmed by the Commune People's Committee;

- Copy of one of the documents specified in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP reflecting the changed content for cases where there is a change in the information about attached assets recorded on the Certificate of Land Use Right.

7. Documents to be submitted when performing procedures for converting from annual land lease payments to lump-sum payments, or from non-revenue land allocation to land lease, or from land lease to revenue-based land allocation, including:

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

b) Original Certificate of Land Use Right already issued;

c) Leasing contract already established;

d) Financial obligation payment receipt; documents related to exemption, reduction of land-related financial obligations and attached assets (if any).

8. Documents to be 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 change or termination of restricted land use rights on adjacent plots, including:

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

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 on establishing, changing, or terminating restricted land use rights on adjacent plots;

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

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

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

b) Original Certificate of Land Use Right already issued;

c) A copy of the Investment Decision Supplement, Investment License, Investment Certificate, or Investment Direction Decision showing the duration or adjustment of the project implementation period consistent with the time requested for extending land use for cases where land is being used by organizations, foreign organizations with diplomatic functions, foreign-invested enterprises, and overseas Vietnamese implementing investment projects.

In cases where domestic organizations are using land to carry out investment activities but do not fall under the provisions requiring an Investment Decision Supplement, Investment License, Investment Certificate, or Investment Direction Decision as stipulated by the Law on Investment, the specific reasons for requesting an extension of land use should be clearly stated at point 4 of the Land Change Registration Form according to Model No. 09/ĐK.

d) Proof that all financial obligations have been fulfilled (if applicable).

10. The documents submitted when performing the procedure to confirm continued agricultural land use by households and individuals upon expiration of the land use period, in cases of need; the plot of land separated from a certificate issued jointly for multiple plots to issue a separate certificate shall include:

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

For cases where the plot of land is separated from a certificate issued jointly for multiple plots to issue a separate certificate, points 5 of Section I, Sections II and IV of the Land Change Registration Form according to Model No. 09/ĐK shall not be declared or confirmed.

b) The original certificate issued.

11. The documents submitted when performing the procedures for separating or combining plots of land shall include:

a) The application for separation or combination of plots according to Model No. 11/ĐK;

b) The original certificate issued.

12. The documents submitted when performing the registration of mortgage or cancellation of mortgage registration in accordance with the regulations on registration of secured transactions.

In cases where land is leased or subleased from the developer of infrastructure in industrial zones, clusters of industries, export processing zones, high-tech zones, economic zones which are rented by the State on an annual basis 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 assets, then the mortgage registration documents must include proof that the developer has deposited into the state budget the amount of land rent that the lessee or sublessee has already paid in one lump sum.

13. The documents submitted when performing the procedure to re-determine the area of residential land for households and individuals who have been granted certificates, shall include:

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

b) The original certificate issued.

14. The documents submitted when performing the procedure to register changes in land use rights being transferred to a business by households and individuals, shall include:

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

b) Original Certificate of Land Use Right already issued;

c) Written documents from members of the household using the land agreeing to transfer the household's land use rights to a business, which have been notarized or certified in accordance with the law for cases involving household land;

d) The signed land lease contract of the household or individual.

15. The documents submitted when performing the procedure to extend the use of agricultural land by religious organizations, shall include:

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

b) The original certificate issued.

16. The documents submitted when confirming changes in information about the legal entity, ID card number, citizen identification card number, personal identification number, address on the issued certificate according to the needs of the land user, owner of attached assets, shall include:

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

b) Original Certificate of Land Use Right already issued;

c) In cases where there is a change in the ID card number or military ID card number or citizen identification card number or personal identification number or other documents proving a change in personal identity of the person named on the certificate or the address on the certificate, the authority handling the procedure shall be responsible for exploiting and utilizing information in the National Population Database in accordance with Article 14 of Decree No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing some articles of related decrees concerning the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services;

d) Written documents from the competent authority approving or recognizing the change in legal entity information for cases where there is a change in legal entity information recorded on the certificate.

17. For cases where the procedures for registering changes in land and attached assets 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, personal identification number, or address on the issued certificate, the following shall be implemented:

a) For individuals, the authority handling the procedure shall be responsible for exploiting and utilizing information in the National Population Database in accordance with Article 14 of Decree No. 104/2022/NĐ-CP dated December 21, 2022 of the Government amending and supplementing some articles of related decrees concerning the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services;

b) For organizations, communities, and religious institutions, additional documents from the competent authority approving or recognizing the change in legal entity information for cases where there is a change in legal entity information recorded on the certificate shall be submitted."

2. Amend and supplement point a clause 2 Article 15 as follows:

"a) For individuals, the following information shall be shown: "Mr." or "Mrs."; surname and name, date of birth, recorded according to the ID card or citizen identification card or personal identification number or military ID card or birth certificate or other identity documents of the individual;

Foreign individuals or overseas Vietnamese (including cases of inheritance or gift of houses or land but not falling within the category eligible to purchase housing in Vietnam) must record "Mr." (or "Mrs."), followed by their surname and name, date of birth, nationality according to their passport;"

3. Amend and supplement point a clause 3 Article 15 (which has been amended and supplemented in clause 13 Article 7 of Circular No. 33/2017/TT-BTNMT) as follows:

"a) For individuals, household representatives, and spouses of such individuals, information about Identity Card or Military Identity Card or Citizen Identification Card (if available) must be provided, including: The name of the Identity Card (abbreviated as ID Card or Military ID Card) or Citizen Identification Card (abbreviated as Citizen ID Card) and the number of the Identity Card, Military Identity Card, or Citizen Identification Card; in cases where there is no Identity Card or Citizen Identification Card, information about Birth Certificate (name and number of Birth Certificate) or Personal Identification Number (Personal Identification Number and Personal Identification Number) shall be provided."

4. Replace the phrases "Identity Card number" and "Identity Card number" with the phrase "Identity Card number or Citizen Identification Card number or Personal Identification Number" in the guidance content of Form No. 04a/DP (amended at Clause 19, Article 7 of Circular No. 33/2017/TT-BTNMT).

5. Replace the phrase "Identity Card" with the phrase "Identity Card or Citizen Identification Card or Personal Identification Number" in the guidance content of Form No. 04b/DP.

6. Replace the phrase "Identity Card" with the phrase "Identity Card or Citizen Identification Card or Personal Identification Number" in the guidance content of Form No. 11/DP.

Article 3. Amend and supplement certain contents of Circular No. 34/2014/TT-BTNMT dated June 30, 2014, issued by the Minister of Natural Resources and Environment on the construction, management, and exploitation of land information systems.

Replace the phrase "ID Card/Passport number" with the phrase "Identity Card number/Citizen Identification Card number/Personal Identification Number/Passport number" in Section 1, and replace the phrase "Identity Card" with the phrase "Identity Card or Citizen Identification Card or Personal Identification Number" in Note 2 of Form No. 01/PYC.

Article 4. Amend and supplement certain contents of Circular No. 33/2017/TT-BTNMT dated September 29, 2017, issued by the Minister of Natural Resources and Environment detailing Decree No. 01/2017/ND-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. Replace the phrase "place of permanent residence registration" with the phrase "place of permanent residence" in Points a, b, c, and d of Clause 4, Article 3.

2. Repeal Clause 4 and Clause 14 of Article 6; Clause 13 of Article 7.

3. Supplement the phrase "or Citizen Identification Card or Personal Identification Number" after the phrase "Identity Card" in Note 10 of Form No. 03b.

4. Supplement the phrase "Personal Identification Number" after the phrase "Citizen Identification Card number" in the "Note" content of Form No. 09/DP.

Article 5. Implementation Provisions

1. This Circular takes effect from the date of signature.

2. This Circular abolishes Clause 1 of Article 2 and Clause 5 of Article 11 of Circular No. 09/2021/TT-BTNMT dated June 30, 2021, amending and supplementing certain provisions of circulars detailing and guiding the implementation of the Land Law.

Article 6. Responsibilities for Implementation

1. The Land Use Planning and Development Department and the Land Registration and Information Data Management Department are responsible for checking and urging the implementation of this Circular.

2. Provincial People's Committees, municipalities directly under the Central Government, and related organizations and individuals are responsible for implementing this Circular.

3. Departments of Natural Resources and Environment have the responsibility to assist Provincial People's Committees, municipalities directly under the Central Government in organizing the implementation of this Circular at local levels.

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