Circular No. 17/2009/TT-BTNMT stipulates on Land Use Right Certificate, House Ownership Certificate, and Other Property Certificates Attached to the Land

CIRCULAR

Provisions on Land Use Right Certificate,

ownership of housing and other assets attached to land

__________________

Based on the Land Law dated November 26, 2003;

Pursuant to the Law amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law dated June 18, 2009;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment on June 19, 2009;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Pursuant to Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on issuing Land Use Right Certificates, ownership certificates of housing and other assets attached to land;

The Ministry of Natural Resources and Environment stipulates provisions on Land Use Right Certificates, ownership certificates of housing and other assets attached to land as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the model of Land Use Right Certificate, ownership certificate of housing and other assets attached to land (hereinafter referred to as the Certificate); contents displayed on the Certificate and registration of changes after issuance of the Certificate.

Article 2. Applicability

1. State management agencies; specialized agencies on natural resources and environment, housing and construction works, agriculture and rural development, finance and other relevant agencies; cadres of the People's Commune, Ward, Town.

2. Land users; owners of houses and other assets attached to land; other organizations and individuals related to the matter.

Chapter II

MODEL OF THE CERTIFICATE AND CONTENTS DISPLAYED ON THE CERTIFICATE

Article 3. Sample of the Certificate

1. The Certificate is issued by the Ministry of Natural Resources and Environment according to a unified model and applied nationwide for all types of land, housing and other assets attached to land. The Certificate consists of four pages, each page having dimensions of 190mm x 265mm, with a red lotus flower pattern background, including the following contents:

a) Page 1 includes the National Emblem, National Seal, and the phrase "Land Use Right Certificate, Ownership Certificate of Housing and Other Assets Attached to Land" printed in red; section "I. Name of Land User, Owner of Housing and Other Assets Attached to Land" and the issue number of the Certificate consisting of two Vietnamese letters and six digits, starting from BA 000001, printed in black; the raised seal of the Ministry of Natural Resources and Environment;

b) Page 2 printed in black ink includes section "II. Plot of Land, Housing and Other Assets Attached to Land," which contains information about the plot of land, housing, other construction works, planted production forests, perennial trees, and notes; date of issuance of the Certificate and the agency issuing the Certificate; entry number in the issuance record book;

c) Page 3 printed in black ink includes Section III "Sketch of the land plot, house, and other assets attached to land" and Section IV "Changes after issuance of the Certificate;"

d) Page 4 printed in black ink includes the continuation of section "IV. Changes After Issuance of the Certificate"; matters to be noted by the recipient of the Certificate; barcode.

2. The specific content and form of the Certificate prescribed in Clause 1 of this Article are reflected according to the Model issued together with this Circular.

Article 4. Displaying Information About the Land User and Owner of Assets Attached to Land on Page 1 of the Certificate

1. Record information about the land user and owner of immovable property attached to the land issued the certificate according to the following provisions:

a) For domestic individuals, record "Mr." (or "Mrs."), followed by name, year of birth, identification card number or military identification card number if available (hereinafter collectively referred to as identification card), permanent address;

b) For overseas Vietnamese who own housing in Vietnam, record "Mr." (or "Mrs."), followed by name, year of birth, nationality, passport number, date and place of passport issuance;

c) For family households, record "Family of Mr." (or "Family of Mrs."), followed by name, year of birth, identification card number (if available) of the household representative (who is a member of the household and jointly has land use rights and ownership of assets attached to land of the household) as provided by civil law;

d) In cases where the land use right and assets attached to land are common property of a married couple, record name, year of birth, and identification card number (if available), permanent address of both husband and wife;

đ) For domestic organizations, record the organization's name, establishment decision number and date or business registration certificate number and date, main office address of the organization;

e) For overseas Vietnamese, foreign organizations, and foreign individuals implementing investment projects in Vietnam, record the economic entity's name that is the legal person implementing the investment project, investment certificate number and date of issuance or business registration certificate number and date of issuance, main office address of the organization;

g) For foreign individuals eligible to purchase housing in Vietnam, record "Mr." (or "Mrs."), followed by name, year of birth, nationality, passport number, date and place of passport issuance;

h) For foreign diplomatic organizations, record the organization's name and main office address of the organization;

i) For religious establishments, record the name of the religious establishment and the address of the religious establishment;

k) For community residents, record the name of the community and the address of the community's joint activities.

2. In cases where the land user is not simultaneously the owner of the assets attached to land, separate Certificates shall be issued for the land user and the asset owner; information about the Certificate recipient shall be recorded as follows:

a) The Certificate issued to the land user shall only include information about the land user as prescribed in Clause 1 of this Article;

b) The Certificate issued to the asset owner shall only include information about the asset owner as prescribed in Clause 1 of this Article, followed by "Ownership of assets on plot ... (record lease, loan, contribution form) of ... (record the name of the organization, household, individual leasing, lending, receiving contributions)";

3. In cases where multiple organizations, households, and individuals jointly use land and jointly own assets attached to land (except for cases prescribed in Clause 4 of this Article), Certificates shall be issued to each organization, household, and individual after determining their respective land use rights and ownership of assets attached to land.

On each Certificate, record information about the recipient as prescribed in Clause 1 of this Article; the next line shall read "Jointly using land and jointly owning assets with others" in cases of joint land use and joint ownership of assets attached to land, or "Jointly using land with others" in cases of joint land use, or "Jointly owning assets with others" in cases of joint ownership of assets attached to land.

In the case where the person granted the Certificate of Ownership is not simultaneously the land user, it shall be recorded subsequently as “Ownership of property on plot ... (record the form of lease, loan, contribution) from ... (record the names of organizations, households, individuals leasing, lending, receiving contributions)”.

Where multiple organizations, households, individuals jointly use the land and jointly own immovable property attached to the land, and they have a written agreement for issuing one Certificate of Ownership to a representative (with notarization or certification in accordance with the law), then the information of the representative shall be recorded according to Clause 1 of this Article, followed by the next line recording “Is the representative for the group of people jointly using the land (or jointly owning immovable property attached to the land or jointly using the land and jointly owning immovable property attached to the land) pursuant to ... (record the name of the document and the date of signing the document appointing the representative)”.

In cases where multiple heirs inherit the right to use the land and the ownership of immovable property attached to the land, but the inheritance has not been divided among them when issuing the Certificate of Ownership, one Certificate of Ownership shall be issued to the representative for the entire area of land and immovable property attached to the land for inheritance purposes. The appointment of the representative must be recorded in writing by the heirs who have been identified (with notarization or certification in accordance with the law). On the Certificate of Ownership, record the information of the representative according to Clause 1 of this Article, followed by the next line recording “Is the representative of those inheriting the right to use the land and the ownership of immovable property attached to the land”.

4. In the case of issuing a Certificate of Ownership to the owner of a condominium unit, the Certificate of Ownership shall be issued to each owner of a condominium unit in the form of joint use of the plot of land and individual ownership of the condominium unit; the Certificate of Ownership shall record the name of the person granted according to Clause 1 of this Article.

Article 5. Recording information about the plot of land on page 2 of the Certificate of Ownership

1. Information about the plot of land shall be recorded on the Certificate of Ownership for all cases of issuance of the Certificate of Ownership as follows:

a) Plot number: Record the plot number on the cadastral map according to the regulations on establishing cadastral maps of the Ministry of Natural Resources and Environment.

In cases where a cadastral extract is used (in areas without a cadastral map) to issue the Certificate of Ownership, record the plot number on the cadastral extract; in cases where a cadastral survey is conducted for one plot of land, the plot number shall be recorded as "01".

b) Sheet number: Record the serial number of the cadastral sheet containing the plot of land being issued the Certificate of Ownership within the scope of each commune administrative unit. In cases where a cadastral extract is used to issue the Certificate of Ownership, record the extract sheet number of the plot of land.

c) Address of the plot of land: Record the name of the area (village, residential point, etc.); house number, street name (if any), name of the commune, district, provincial administrative units.

d) Area: Record the area of the plot of land in Arabic numerals in square meters (m2), rounded to one decimal place. Additionally, the area of the plot of land shall also be expressed in words in parentheses and shall be shown according to the form of common use and individual use as follows:

- In the case where the entire area of the plot of land belongs to the right of use of one individual, one household, one community, one domestic organization, one religious institution, one foreign individual, one foreign organization, or one overseas Vietnamese, record the area of that plot of land in the individual use section and record "none" in the common use section.

- In the case where the entire area of the plot of land belongs to the right of use of multiple land users, record that area in the common use section and record "none" in the individual use section.

- In the case where the plot of land has part of its area belonging to the common use of multiple land users and another part belonging to the individual use of each land user, record the area of the land used in common in the common use section, and the area of the land used individually in the individual use section.

- In the case where the residential plot of land has a garden or pond, and the recognized residential land area is smaller than the total area of the plot of land, and there is a form of common use and individual use for each type of land, record each purpose of use and the corresponding individual use area in the individual use section; record each purpose of use and the corresponding common use area in the common use section (for example: "individual: Residential land 120m2, perennial crop land 300m2; common: Residential land 50m2, annual crop land 200m2").

đ) Purpose of use: In cases where the land is transferred or leased by the State, record the purpose of land use according to the decision on land transfer or lease. In cases where the Certificate of Ownership is issued to a person currently using the land stably without a decision on land transfer or lease, record the purpose of land use recognized by the State.

In cases where the plot of land is used for multiple purposes, fully record all such purposes according to the decision on land transfer or lease.

In cases where the residential plot of land has a garden or pond, and part of the area is recognized as residential land and the remaining part is recognized for agricultural land use, record "Residential land" and the recognized residential land area sequentially, followed by recording each specific purpose of agricultural land use and the corresponding area sequentially.

The purpose of land use recorded on the Land Certificate must be consistent with the cadastre database and cadastral files, including:

- In the group of agricultural land: "Rice cultivation land", "Remaining rice cultivation land", "Terraced rice cultivation land", "Grassland for livestock breeding", "Other annual crop cultivation land", "Perennial crop cultivation land", "Production forest land", "Protective forest land", "Special-use forest land", "Aquaculture land", "Salt production land", "Other agricultural land";

- In the group of non-agricultural land: "Residential land in rural areas", "Residential land in urban areas", "State agency and public service facility land", "Other headquarters land", "National defense land", "Security land", "Industrial zone land", "Production and business base land", "Mining activity land", "Construction material and ceramic production land", "Transportation land", "Water conservancy land", "Energy project land", "Postal and telecommunications project land", "Cultural facility land", "Medical facility land", "Education and training facility land", "Sports and recreation facility land", "Scientific research facility land", "Social service facility land", "Market land", "Heritage and scenic spot land", "Waste disposal land", "Religious land", "Belief land", "Cemetery land", "Special-purpose water body land", "Other non-agricultural land".

The determination of the purpose of land use shall be carried out in accordance with the regulations of the Ministry of Natural Resources and Environment regarding land statistics and inventory;

e) Term of land use: in cases where the State grants land or leases land, the term shall be recorded according to the decision granting or leasing land; in cases where the State recognizes the right to use land, the term recognized according to the provisions of the Law on Land shall be recorded.

In cases where the land use has a term, it shall be recorded as "Term of land use until the date …/…/… (record the end date of use)"; in cases where the term of land use is long-term, it shall be recorded as "Long-term".

In cases where residential land includes garden and pond areas, and the recognized residential land area is part of the plot, it shall be recorded as “residential land: Long-term; land ... (record the current use purpose according to the agricultural land group for the unacknowledged garden and pond area): use until the date .../.../... (record the end date of use)”;

g) Source of land use:

- In cases where there is a decision to grant land or lease land, or in cases where the right to use land is recognized through leasing, it shall be recorded as follows:

+ “The State grants land without payment of land use fee” for cases where the State grants land without collecting the land use fee;

+ “The State grants land with payment of land use fee” for cases where the State grants land with collection of the land use fee (including cases of granting land through auction of land use rights, cases of purchasing condominium units from investors granted land with collection of the land use fee, and cases where the High-Tech Zone Management Board or Economic Zone Management Board re-grants land). In cases where the land use fee is exempted, it shall be additionally recorded as “and exempted from land use fee”; in cases where the land use fee is reduced, it shall be additionally recorded as “and reduced land use fee … (record the amount or percentage reduced)”;

+ “The State leases land with one-time payment” for cases where the State leases land with one-time payment for the entire lease period (including cases of leasing land through auction of land use rights, cases where the High-Tech Zone Management Board or Economic Zone Management Board leases land with one-time payment). In cases where the land rent is exempted throughout the lease period, it shall be additionally recorded as “and exempted from land rent”; in cases where the land rent is exempted for some years, it shall be additionally recorded as “and exempted from land rent … (record the number of years exempted) years”; in cases where the land rent is reduced, it shall be additionally recorded as “and reduced land rent ... (record the number of years reduced) years, reduction rate ... (record the amount or percentage reduced)”;

+ “The State leases land with annual payment” for cases where the State leases land with annual payment (including cases of leasing land through auction of land use rights, cases where the High-Tech Zone Management Board or Economic Zone Management Board leases land with annual payment). In cases where the land rent is exempted throughout the lease period, it shall be additionally recorded as “and exempted from land rent”; in cases where the land rent is exempted for some years, it shall be additionally recorded as “and exempted from land rent … (record the number of years exempted) years”; in cases where the land rent is reduced, it shall be additionally recorded as “and reduced land rent ... (record the number of years reduced) years, reduction rate ... (record the amount or percentage reduced)”;

- In cases where the State recognizes the right to use land without converting to leasing, it shall be recorded as follows:

+ “Recognized right to use land as granting land with payment of land use fee” for cases where the land use falls under the system of granting land with payment according to the provisions of the Law on Land, including households and individuals using residential and non-agricultural production and business land without having to pay the land use fee when issuing the Land Certificate.

In cases where the land use falls under the system of granting land with payment but is exempted or reduced in land use fee, the exemption or reduction of the land use fee shall be additionally recorded according to the provisions for cases where the land use fee is exempted or reduced when the State grants land with payment;

+ “Recognized right to use land as granting land without payment of land use fee” for cases where the land use falls under the system of granting land without payment;

- In cases where a new Land Certificate is issued due to division, consolidation of plots or acquisition of land use rights in the cases stipulated at points d and đ of Clause 1 Article 19 of this Circular without changing the purpose of land use, and in cases of reissuing or replacing the certificate, it shall be recorded as on the first-issued Land Certificate.

In cases where the Land Certificate already issued does not record the source of land use, it shall be determined and reflected according to the Circular based on the previously approved land use right certificate issuance files and the provisions of the Law on Land at the time of issuing the Land Certificate.

- In cases where land use purposes are changed and a Certificate of Land Use Right must be issued, it shall be recorded according to the provisions for the case where the State grants land with payment of land use fee (if the land user pays the land use fee for changing the purpose); it shall be recorded according to the provisions for the case where the State leases land (if the land user changes to lease the land or continues leasing the land as before the change of purpose); it shall be recorded as before the change of land use purpose for the case where the State recognizes the right to use land without having to pay the land use change fee and not changing to lease the land.

- In cases where a Certificate of Land Use Right is issued to a lessee of land leased from an enterprise investing infrastructure in industrial zones, high-tech zones, and economic zones, it shall be recorded as "Leasing land from an enterprise investing infrastructure in industrial zones (or economic zones, high-tech zones)."

- In cases where a plot of land consists of multiple areas with different origins of land use, each type of origin and its area shall be recorded sequentially.

2. In cases where a land user uses multiple plots of agricultural land for annual crop cultivation, aquaculture land, salt-making land, and requests a single Certificate of Land Use Right, information on each plot of land shall be recorded according to the contents specified in Clause 1 of this Article in the following table:

In cases where a land user uses multiple plots of land that cannot be fully reflected on page 2 of the Certificate of Land Use Right, another Certificate of Land Use Right shall be issued to reflect the remaining plots of land.

Article 6. Recording Information about Housing and Other Assets Attached to Land on Page 2 of the Certificate of Land Use Right

1. The assets attached to land recorded on the Certificate of Land Use Right are assets under the ownership of the applicant and have been formed in reality at the time of issuance of the Certificate of Land Use Right, except for the cases stipulated in Clause 12 of this Article.

2. Information about housing includes the following contents:

a) Address: record "As the address of the plot of land"; in cases where the ownership of housing is certified after issuing the Certificate of Land Use Right and the address of the housing does not match the address of the plot of land, it shall be recorded as follows:

- For individual houses or apartment buildings of a single owner in urban areas, record the house number, alley, lane (if any), street name (road), and administrative unit names at the commune, district, and provincial levels;

- For individual houses in rural areas, record the village or hamlet name and administrative unit names at the commune, district, and provincial levels;

- For apartment units, record the apartment number, floor number with the apartment, and the name and address of the apartment building;

b) Construction Area: record the area occupied by the housing in contact with the ground using Arabic numerals in square meters (m2), rounded to one decimal place. For apartment units, record it as "-/-".

c) Floor Area: record using Arabic numerals in square meters (m2), rounded to one decimal place. For single-story houses, record the floor area of the constructed building. For multi-story houses, record the total floor area of all floors. For apartment units, record the floor area of the apartment according to the sales contract for the apartment;

d) Structure of Housing: record the types of construction materials (brick, concrete, wood, etc.) for main structures such as walls, frames, floors, and roofs (example: Walls, frames, and floors made of reinforced concrete; tiled roof);

đ) Classification of Housing: record according to the provisions of Circular No. 05-BXD/DT dated February 9, 1993, of the Ministry of Construction guiding the method of determining usable area and classifying housing;

e) Number of Floors: record the total number of floors of the house;

g) Year of Completion: record the completion date of the construction of the housing, if unclear, record as "-/-";

h) Ownership Period: record as follows for the following cases:

- In cases where foreign organizations or individuals are allowed to purchase housing attached to residential land use rights in Vietnam, record the expiration date of the ownership period according to the laws on housing;

- In cases where the owner has housing on leased or borrowed land from other land users or receives capital contribution by land use rights without forming a new land-using entity, record the end date of the lease, borrowing, or capital contribution by land use rights;

- For other cases, record as "-/-".

3. Information about construction projects includes the following contents:

a) Project Name: record according to the decision approving the project, investment decision, or construction permit issued by the competent authority;

b) Detailed information about the project shall be presented in the following table format:

Where:

- Project Components: record according to the names of major components in the decision approving the project, investment decision, or construction permit issued by the competent authority;

- Construction Area: record the area occupied by the project on the ground surface using Arabic numerals in square meters (m2), rounded to one decimal place;

- Floor area (or capacity) shall be recorded as follows:

+ For projects in the form of buildings, record according to the provisions for housing in Point c, Clause 2 of this Article;

+ For other architectural projects, record the capacity of the project according to the investment decision or approved investment project, investment certificate, or construction permit (for example, thermal power plant: "3,000 MW", stadium: "20,000 seats", ...);

- Structure: record the types of construction materials for main structures such as walls, frames, floors, and roofs (example: Brick walls, frame and floor made of reinforced concrete; tiled roof);

- Construction Project Classification: record according to the provisions of Decree No. 209/2004/NĐ-CP dated December 16, 2004, of the Government on management of construction quality;

- Number of Floors: record the total number of floors for projects in the form of buildings; for projects that are not in the form of buildings, record as "-/-";

- Year of Completion: record the completion date of the construction of the project, if unclear, record as "-/-";

- Ownership Period of the Construction Project: record according to the provisions in Point h, Clause 2 of this Article.

4. The contents of information regarding the structure, grade (class) of residential houses, construction works as stipulated in Clause 2 and Clause 3 of this Article shall be determined based on the documents concerning ownership rights to residential houses, ownership rights to construction works prescribed in Article 8 and Article 9 of Decree No. 88/2009/ND-CP dated October 19, 2009 of the Government on issuing Certificates of Land Use Rights, Ownership Rights to Residential Houses and Other Assets Attached to Land (hereinafter referred to as Decree No. 88/2009/ND-CP); in cases where such ownership documents do not reflect the above information, the structure and grade (class) shall be recorded as "-/-".

5. Information about production forests which are planted forests shall be reflected as follows:

a) Forest area: Record the forest area under the ownership of the person being issued the Certificate of Ownership by Arabic numerals in square meters (m2);

b) Origin of establishment shall be reflected as follows:

- In case the forest is assigned by the State with payment, record "Assigned by the State with payment, according to forest assignment file number... (record the file number of the forest assignment file stored at the competent state management agency for forestry)";

- In case the forest is assigned by the State to households, individuals, or community groups without payment, record "Assigned by the State without payment, according to forest assignment file number... (record the file number of the forest assignment file stored at the competent state management agency for forestry)";

- In case the forest is self-planted by the person applying for the Certificate of Ownership using non-state budget funds, record "Self-planted forest";

- In case the forest has multiple origins for different areas, sequentially reflect each type of origin and the corresponding forest area.

6. Information about perennial trees shall be implemented in accordance with the guidance of the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development.

7. In case a certificate of full ownership of a condominium building is granted to a single owner, the information about the condominium building shall be reflected as stipulated in Clause 2 of this Article.

In case a certificate of partial ownership of a condominium building (some apartments) is granted to a single owner, or in case a certificate of ownership of a house with mixed purposes according to an investment project or an investment certificate or a land allocation decision, lease decision, in which part is used for residence and another part for other purposes (such as restaurants, commercial trade, office work, etc.) is granted, then at point “2. Residential House,” only the general information of the house including address; structure; grade (class); number of floors; year of completion of construction shall be reflected. Detailed information about the apartments or other components shall be reflected in the form of a table as follows:

8. In case a plot of land has multiple residential houses, construction works of the same owner, a list shall be compiled to reflect each residential house, construction work as stipulated in Clause 3 of this Article.

In case all assets cannot be reflected on page 2 of the Certificate of Ownership, issue another Certificate of Ownership to reflect the remaining assets; from the second Certificate of Ownership onwards, detailed information about the plot of land as in the first Certificate of Ownership shall not be recorded, but at point “1. Plot of Land,” it shall be recorded as “Information about the plot of land being used is reflected on Certificate of Ownership number... (record the number in the first Certificate of Ownership issuance book)”.

9. In case a Certificate of Ownership is issued for a plot of land without attached assets or with attached assets but the applicant does not have the need to certify ownership of the assets at that time, it shall be recorded as follows:

“2. Residential House: Ownership not certified.

 3. Other Construction Works: Ownership not certified.

 4. Production Forests which are Planted Forests: Ownership not certified.

 5. Perennial Trees: Ownership not certified.”

10. In case a certificate of ownership of residential houses, construction works of households, individuals as stipulated in Point h Clause 1 of Article 8 and Point e Clause 1 of Article 9 of Decree No. 88/2009/ND-CP, where the residential house was completed before July 1, 2006 (the date when the Law on Housing took effect), the construction work was completed before July 1, 2004 (the date when the Law on Construction took effect), or the residential house was completed from July 1, 2006 and the construction work was completed from July 1, 2004 but does not fall within the category requiring construction permit, there must be a confirmation document from the People's Committee of the commune regarding the residential house, construction work without disputes, built before the land use plan or detailed urban construction plan or rural settlement plan was approved, in case constructed after the approval of the plan, it must comply with the plan.

11. In case the transferee of land use rights and ownership of residential houses, construction works of organizations investing in construction for sale requests to handle the procedures for issuing the Certificate of Ownership themselves, the transferor shall be responsible for providing the transferee with the necessary documents to handle the procedures for issuing the Certificate of Ownership as prescribed in Article 18 of Decree No. 88/2009/ND-CP.

The reflection of information on land use rights shall be carried out in accordance with Article 5 of this Circular; information on ownership rights to assets attached to land shall be carried out in accordance with Clauses 1, 2, 3, and 4 of this Article.

12. Cases where assets attached to land are not reflected on the Certificate of Ownership include:

a) Temporary residential houses, construction works and ancillary structures outside the main construction work (for example: tents, fences, parking sheds, yards, wells, water tanks, electric poles, etc.);

b) Assets attached to land that have been decided or notified for clearance, demolition or have been decided for land recovery by competent state agencies;

c) Residential houses, construction works after the announcement of prohibition on construction or the announcement of land use plans, detailed urban construction plans that do not comply with the plan at the time of issuing the Certificate of Ownership; encroaching on the boundaries protecting technical infrastructure, historical and cultural relics already classified;

d) Assets attached to land where the plot of land with such assets does not fall within the category eligible for certification of land use rights according to the laws on land;

đ) Assets belonging to the State.

e) Immovable property attached to land that does not fall under the cases for ownership certification as provided for in Articles 8, 9, and 10 of Decree No. 88/2009/NĐ-CP.

Article 7. Content of the Certificate of Land Use Right in the case where houses and construction works are located on multiple plots of land belonging to different users.

1. In the case where each plot of land belongs to a separate user, who at the same time is a co-owner of houses and construction works located on those plots, the Certificate of Land Use Right shall be issued to each land user, with the information on the Certificate of Land Use Right being as follows:

a) Information about the person receiving the Certificate of Land Use Right shall be recorded according to Clause 3, Article 4 of this Circular;

b) Information about the plot of land under the exclusive right of use of the person receiving the Certificate of Land Use Right and the entire house and construction work under joint ownership shall be recorded in Section II of the Certificate of Land Use Right according to Articles 5 and 6 of this Circular, and in the Remarks section of the Certificate of Land Use Right, it shall be noted "The house (construction work) is located jointly on plots numbered... ".

2. In the case where each plot of land belongs to a separate user, who is not simultaneously the owner of houses and construction works located on those plots, the Certificate of Land Use Right shall be issued to each land user and to the owner of immovable property attached to land, with the information on the Certificate of Land Use Right being as follows:

a) The Certificate of Land Use Right issued to the land user shall record information about the land user according to Clause 1, Article 4 of this Circular; record information about the plot of land according to Article 5 of this Circular; information about immovable property attached to land shall be recorded as "Ownership rights not certified";

b) The Certificate of Land Use Right issued to the property owner shall record information about the property owner according to point b, Clause 2, Article 4 of this Circular; information about the plots of land leased (or borrowed, etc.) and information about immovable property attached to land under the ownership of the person receiving the Certificate of Land Use Right shall be recorded according to Articles 5 and 6 of this Circular.

Article 8. Content to be recorded in the Remarks section of the Certificate of Land Use Right.

1. In the case where the decision on land allocation, land lease, change of land use purpose, and other documents concerning land use rights as stipulated by laws on land, and documents concerning ownership of immovable property attached to land as provided for in Articles 8, 9, and 10 of Decree No. 88/2009/NĐ-CP contain limitations on land use rights and ownership of immovable property attached to land, such limitations shall be recorded according to the decision or document.

2. In the case where a plot of land or part of a plot of land falls within the safety protection zone of a construction project that has been announced and marked, it shall be noted "The plot of land is within the safety protection zone of the... (name of the construction project with a safety protection zone)" or "The plot of land has... square meters within the safety protection zone of the..." in the case where only part of the plot of land falls within the safety protection zone of a construction project.

3. In the case where there is no cadastral map, it shall be noted "Land plot number and area have not been determined according to the cadastral map".

Article 9. Sketch of the land plot, house, and other immovable property attached to land on the Certificate of Land Use Right.

1. The plot plan shall be presented as follows:

a) The sketch of the land plot shall show the shape, length of sides of the plot, north-south orientation indication; coordinates of the plot apex (if applicable); planning boundary, safety protection zone boundary of construction projects (if any);

b) Cases where the plot plan is not presented include:

- Issuing one Certificate of Land Use Right for multiple agricultural land plots;

- Construction land along a line (for example: traffic roads, power transmission lines constructed by organizations under the Build-Operate-Transfer model); reservoirs for irrigation and hydropower.

2. The house plan and plans of other immovable property attached to land shall be presented as follows:

a) The sketch of the house and other immovable property attached to land shall be shown by continuous dotted lines on the sketch of the land plot at the corresponding location on-site; in the case where the boundary of the house or other immovable property attached to land coincides with the boundary of the land plot, it shall be shown according to the land plot boundary;

b) The sketch of the house (except for apartment units) and construction works shall show the boundary of the construction area (the area occupying land) of the house and construction works;

c) In the case of apartment units, the floor plan of the apartment building floor containing the apartment unit shall be shown, including the position and shape of the apartment unit's floor plan (without showing individual rooms in the apartment unit), entrance door symbol (arrow), and dimensions of the apartment unit;

d) In the case of supplementary certification or change of immovable property attached to land on the Certificate of Land Use Right, the sketch of the immovable property shall be supplemented or adjusted accordingly and stamped with confirmation from the Land Registration Office. In the case of supplementary certification or change of immovable property attached to land that cannot be supplemented or adjusted on page 3 of the Certificate of Land Use Right, a new Certificate of Land Use Right shall be issued.

3. Based on the size and area of the land plot and immovable property attached to land, the sketch of the land plot and immovable property attached to land shall be appropriately depicted.

The form and content of the sketch of the land plot and immovable property attached to land are specifically guided in Appendix No. 01 issued together with this Circular.

Article 10. Section on Signing the Certificate and Recording the Number in the Register for Issuing the Certificate

1. The content of the signing section of the Certificate shall be recorded as follows:

a) Record the place of issuance of the Certificate and the date of signing the Certificate;

b) In cases where the authority issuing the Certificate is the People's Committee at provincial or district level, it shall be recorded as follows:

TM. PEOPLE'S COMMITTEE OF …(record the name of the administrative unit with the authority to issue the certificate)

CHAIRMAN

Signature and stamp of the People's Committee and the name of the signatory

c) In cases where the Department of Natural Resources and Environment is authorized by the Provincial People's Committee to sign and issue the Certificate, it shall be recorded as follows:

TM. PEOPLE'S COMMITTEE OF …(record the name of the provincial administrative unit)

TUQ. CHAIRMAN

DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Signature and stamp of the Department of Natural Resources and Environment and the name of the signatory

2. The number recorded in the issuance register shall be recorded in both figures and words (the serial number in the issuance register) as follows:

a) For cases within the authority of the District People's Committee to issue the Certificate, the letter "CH" shall be recorded followed by the serial number in the register for issuing the Certificate consisting of five digits established separately for each commune, starting from number 00001 for the first Certificate issued according to the guidelines set out in this Circular;

b) For cases within the authority of the Provincial People's Committee to issue the Certificate, the letter "CT" shall be recorded followed by the serial number in the register for issuing the Certificate consisting of five digits established separately for each province or centrally governed city, starting from number 00001 for the first Certificate issued according to the guidelines set out in this Circular.

Article 11. Barcode of the Certificate

1. The barcode is printed at the end of page 4 when issuing the Certificate.

2. The barcode is used for managing and searching information about the Certificate and the file for issuing the Certificate; the content of the barcode consists of a series of positive integers structured as MV = MX.MN.MHS, wherein:

a) MX is the code of the administrative unit at the commune level where the land plot is located, expressed according to the Decision No. 124/2004/QĐ-TTg dated July 8, 2004 of the Government Chairman regarding the issuance of the list and codes of administrative units in Vietnam; in cases where the Certificate is issued for a land area spanning multiple commune-level administrative units, the code of the commune with the largest area shall be recorded;

b) MN is the code of the year of issuance of the Certificate, consisting of the last two digits of the year of issuance of the Certificate.

c) MHS is the code of the original file (the original file includes documents for the issuance procedure of the Certificate); it consists of six digits, starting from number 000001 for the first Certificate issuance file according to this Circular.

3. For localities that have not yet had the conditions to immediately print barcodes, they must still establish a system of original file codes (MHS) starting from the first Certificate issuance file according to this Circular; from July 1, 2010, these localities must implement printing barcodes on Certificates.

Article 12. Confirmation of Changes After Issuing the Certificate

1. Record the content of the change in the column "Content of Change and Legal Basis" as follows:

a) In cases where the land user or owner of attached assets changes their name, record "The land user or owner of attached assets has changed their name to … (record the new name of the land user or owner according to Clause 1, Article 4 of this Circular) based on file number … (record the serial number of the registration change file)";

b) In cases where a household or individual using land is converted into an economic organization of that household or individual, or where there is a conversion of business form without involving the transfer of land use rights or ownership of attached assets, record "Conversion of the name of the Certificate holder to … (record the name of the enterprise after establishment or conversion) due to … (record the form of establishment or conversion of the enterprise) based on file number … (record the serial number of the registration change file)";

c) In cases where an enterprise invests in infrastructure in industrial zones, high-tech zones, or economic zones and leases or subleases land, record on the Certificate of the leasing party "Leasing (or subleasing) plot (or parcel) number ... with an area of ... m2 to … (record the name of the leasing or subleasing party) based on file number … (record the serial number of the registration change file)";

d) In cases of collateralization by land use rights and attached assets:

- In cases of collateralization by both land use rights and attached assets, record "Collateralization by land use rights and attached assets at … (record the name and address of the collateral recipient) based on file number ... (record the serial number of the registration change file)";

- In cases of collateralization solely by land use rights, record "Collateralization by land use rights at … (record the name and address of the collateral recipient) based on file number … (record the serial number of the registration change file)";

- In cases of collateralization solely by attached assets, record "Collateralization by attached assets at … (record the name and address of the collateral recipient) based on file number ... (record the serial number of the registration change file)";

- In cases of collateralization by future attached assets, record "Collateralization by future attached assets at … (record the name and address of the collateral recipient) based on file number … (record the serial number of the registration change file)";

đ) In cases of capital contribution by land use rights and attached assets without forming a new legal entity, record "Capital contribution by land use rights and attached assets to … (record the name and address of the receiving party) without forming a new legal entity, based on file number … (record the serial number of the registration change file)";

e) In cases of cancellation of collateral registration or cancellation of capital contribution by land use rights and attached assets, record "Registration of collateral (or capital contribution) cancelled on …/…/… based on file number … (record the serial number of the registration change file)";

g) In cases of area change due to natural erosion of part of the land plot, record "Natural erosion of … m2 based on file number … (record the serial number of the registration change file); in cases of total erosion of the land plot area on the Certificate issued jointly for multiple plots, record "Natural erosion of the entire plot number … based on file number … (record the serial number of the registration change file)";

h) In cases of changing the purpose of land use, record "Change of land use purpose to … (record the new purpose of use) based on Decision number …, date …/…/… (record for cases requiring permission to change the purpose of use), file number … (record the serial number of the registration change file)";

i) In cases of being permitted to extend the period of land use, record "Extension of land use until …/…/… based on Decision number …, date …/…/…, file number …. (record the serial number of the registration change file)".

In the case where household or individual agricultural land continues to be used, it shall be recorded as "Continuing to use land until the date …/…/…".

k) In the case of transferring from a form where land is leased by the State to a form where land is granted with payment for land use, it shall be recorded as "Transferred to the form where the State grants land with payment for land use from the date .../.../... according to Decision number ..., dated …/…/…, file number … (record the serial number of the registration of change file)".

l) In the case of changing information about immovable property attached to the land that has been recorded on the Land Certificate, it shall be reflected as follows:

- In the case of changing information about construction area, floor area, ownership form, number of floors, structure, grade (category), ownership period; changing forest area, origin of forest creation, it shall be recorded as "... (record the name of the type of immovable property and changed information) according to file number … (record the serial number of the registration of change file)".

- In the case of supplementing immovable property attached to the land into the already issued Land Certificate, it shall be recorded as “Supplementing ownership right of ... (record the name of the supplemented immovable property and information about the immovable property as stipulated in Article 6 of this Circular)”.

m) In the case of changes to the restrictions on land use rights and immovable property attached to the land that have been recorded on the Land Certificate, it shall be recorded as "Restriction on … (record the content of restriction and changed information) according to file number …. (record the serial number of the registration of change file)".

n) In the case where the project investor builds apartment buildings and sells apartments and registers the first change of circumstances, on the Land Certificate issued to the investor, it shall be recorded as “The plot of land has been converted to common use form”.

In the case where the ownership rights of apartments in apartment buildings have been certified to the investor, when transferring ownership of the apartment, on the Land Certificate of the investor, it shall be recorded as “Sold apartment number ...”.

o) In the case of changing the plot number of the land, it shall be recorded as "New plot number is … due to ...(record the reason for change)"; changing the map sheet number, it shall be recorded as "New map sheet number is … due to ... (record the reason for change)".

p) In the case of changing the administrative unit name or adjusting administrative boundaries according to the decision of the competent state agency, it shall be recorded as "Changed name of commune (or ward, town, district,...) to ... (record the new name of the administrative unit)".

q) In the case where the issued Land Certificate is found to have errors or mistakes in the content of the information on the Land Certificate, it shall be recorded as "... (record the erroneous content) has errors, corrected to ... (record the correct content) according to file number … (record the serial number of the registration of change file)".

r) In the case where the Land Certificate has been issued for multiple plots of land and the land user transfers the use rights of one or more plots of land, it shall be recorded as "Plot number (or Plots number) … (record the plot number transferred) has transferred use rights according to file number …. (record the serial number of the registration of change file)".

In the case where the land user transfers part of the area of a plot of land, on the issued Land Certificate of the transferor, it shall be recorded as "Plot number … has subdivided to transfer rights according to file number … (record the serial number of the registration of change file)".

s) In the case of land recovery or transfer of land use rights, ownership rights of immovable property attached to the land, or issuance of a new Land Certificate, or other reasons leading to the recovery of the issued Land Certificate, before archiving, the reason for recovery and the stamp confirming by the Land Registration Office must be affixed at page 1 of the Land Certificate.

2. The serial number of the registration of change file is established by the Land Registration Office upon receipt of the registration of change file.

The serial number of the registration of change file consists of six digits and is regulated in paragraph b point 2.13 section III of Circular No. 09/2007/TT-BTNMT dated August 2, 2007 of the Ministry of Natural Resources and Environment guiding the establishment, amendment, and management of cadastral files (hereinafter referred to as Circular No. 09/2007/TT-BTNMT).

3. Column Confirmation by Competent Authority: The Land Registration Office records the date, month, year; signs and stamps, records the full name and position of the signatory.

Article 13. Recording Debts and Waiving Financial Obligations

1. The recording of debts and waiving of financial obligations shall be carried out in Section "IV. Changes After Issuing the Certificate of Conformity."

2. The content of recording debts and waiving financial obligations shall be reflected in the column "Content of Change and Legal Basis" as follows:

a) In the case where a debt for financial obligation is recorded when issuing the Certificate of Conformity and the amount of debt has been determined according to the provisions of the law, it shall be recorded as "Debt ... (record the item of financial obligation owed, the amount of debt in both figures and words)."

In the case where a debt for financial obligation is recorded when issuing the Certificate of Conformity but the amount of debt has not yet been determined according to the provisions of the law, it shall be recorded as "Debt ... (record the item of financial obligation owed)."

b) In the case where the debt is waived or the financial obligation has been fully paid, it shall be recorded as "Financial obligation fulfilled."

3. The Register Office of Land Use Rights shall confirm in accordance with Clause 3, Article 12 of this Circular.

Article 14. Confirmation of Changes for Certificates Issued According to Old Models

For certificates of land use rights, certificates of ownership of houses and land use rights, certificates of ownership of houses, and certificates of ownership of construction works issued before December 10, 2009 (the date on which Decree No. 88/2009/ND-CP took effect), if there are changes in cases stipulated in Clause 2, Article 19 of this Circular (excluding the case of requesting supplementary certification of ownership of property attached to land on the already issued certificate), then the changes shall be confirmed on the already issued certificate in accordance with Articles 12 and 13 of this Circular.

Article 15. Issuing and Recording the Certificate of Conformity for the Case Where a Person's Land Area Used for One Purpose Is Located Across Multiple Administrative Units

1. In the case where the land area falls within the scope of multiple communes, wards, or towns, each portion of the area within the scope of each commune, ward, or town shall be considered as a plot of land with a number according to the cadastral map of the commune, ward, or town that includes that portion of the land area.

2. The issuance of the Certificate of Conformity shall be carried out as follows:

a) In the case where the land area falls within the authority to issue the Certificate of Conformity of one competent authority, one Certificate of Conformity shall be issued for the entire land area. In Section II of the Certificate of Conformity, each plot of land and property attached to land belonging to each commune, ward, or town shall be reflected according to Articles 5 and 6 of this Circular;

b) In the case where the land area falls within the authority to issue the Certificate of Conformity of multiple different authorities, the portion of the land area and property attached to land under the authority of each authority shall be issued by that authority.

Article 16. Model and Font Size on the Certificate

1. In the case of using a printer, it shall be carried out as follows:

a) The serial number, name of sections and points shall be printed in the 'Times New Roman, Bold' font, size '13'; individual points shall be printed in italicized font and size.

b) The information content of Sections I, II, III, and IV on the Certificate of Conformity shall be printed in the font style 'Times New Roman, Regular', with a minimum font size of '12'; the name of the land user and owner of property attached to land in Section I shall be printed in the font style 'Bold' with a minimum font size of 13.

2. In the case of handwriting as prescribed as follows:

a) The name of the land user and owner of property attached to land shall be written in bold; the characters and numbers of other contents shall be written in regular style;

b) The characters and numbers in the Certificate of Conformity shall have a height from 3mm to 4mm.

3. The color of the characters and numbers displayed on the Certificate of Conformity shall be black.

Article 17. Responsibilities for printing, writing, and checking the printing and writing of the Certificate

1. The Register Office for Land Use Rights shall be responsible for printing or writing the contents of the Certificate.

2. The natural resources and environment authority shall be responsible for checking the printing and writing of the Certificate carried out by the Register Office for Land Use Rights.

Article 18. Responsibilities for printing, issuing, and managing the use of Certificate blanks

1. The Land Management General Department shall be responsible for:

a) Organizing the printing, issuance of Certificate blanks to Departments of Natural Resources and Environment, District Natural Resources and Environment Offices;

b) Establishing and managing registers tracking the issuance of Certificate blanks; in cases where blanks are issued to District Natural Resources and Environment Offices, notifications regarding the quantity of Certificate blanks and serial numbers issued must be sent to the Department of Natural Resources and Environment;

c) Guiding and inspecting the management and use of Certificate blanks at localities.

2. The Department of Natural Resources and Environment shall be responsible for:

a) Preparing plans for the use of blank certificates of the locality and submitting them to the Land Management General Department before October 31 each year;

b) Organizing the receipt, distribution of Certificate blanks; establishing registers tracking the receipt, distribution, and use of Certificate blanks at the locality;

c) Guiding and inspecting the management and use of Certificate blanks at localities;

d) Organizing the cancellation of damaged Certificate blanks.

3. District Natural Resources and Environment Offices shall be responsible for:

a) Preparing plans on the use of Certificate blanks of the locality to be submitted to the Department of Natural Resources and Environment before October 15 each year;

b) Managing Certificate blanks, establishing registers tracking the situation of Certificate blank usage.

Chapter III

REGISTRATION OF CHANGES AFTER ISSUANCE OF THE CERTIFICATE

Article 19. Cases of Issuing Certificates or Confirming Changes After Issuance of the Certificate

1. Cases of changes in land use rights or ownership of attached assets that require issuance of a new Certificate:

a) Consolidating multiple plots of land into a single plot; consolidating multiple attached assets owned by different owners into assets owned by a single owner;

b) Forming a new plot of land when changing the purpose of using part of a plot, the State recovers part of a plot, or the land user requests to divide a plot into several plots permitted by law;

c) Lessees or sublessees of land use rights from investors who have been granted land or leased land by the State for investment in infrastructure construction in industrial zones, economic zones, high-tech zones;

d) Changes affecting the whole or part of a plot of land or attached assets in cases of resolving land disputes or disputes over attached assets according to law; splitting or merging organizations that use land; implementing debt settlement pursuant to mortgage contracts; implementing administrative decisions to resolve complaints and denunciations; implementing court judgments or decisions of the People's Court, enforcement decisions of enforcement agencies; implementing documents recognizing the results of land auctions or attached assets in accordance with the law; implementing division of common land use rights or attached assets among household members or groups of people sharing land use rights or asset ownership;

đ) Receiving transfer of all or part of the land use rights or attached assets through conversion, transfer, inheritance, gift, or contribution to form a new legal entity;

e) Changing information about a plot due to cadastral surveying and mapping;

g) The previously issued Certificate has been damaged or lost;

h) Land users or owners of attached assets request to issue a new Certificate before December 10, 2009;

i) Cases of change as stipulated in points b, c, d, đ, e, l, m, n, and o of Clause 2 of this Article if the certificate holder requests issuance of a new Certificate;

2. Cases of confirming changes in the previously issued Certificate:

a) When land users or owners of attached assets implement mortgage of land use rights or attached assets or contribute land use rights or attached assets without forming a new legal entity for the entire plot or attached assets or part of the plot or attached assets;

b) Land users or owners of attached assets are allowed to change their names;

c) Reducing the area of a plot due to natural erosion;

d) Land users requesting certification of ownership of attached assets on the previously issued Certificate;

đ) Changing information about plot number, name of administrative unit where the plot or attached assets are located;

e) Changing the purpose of land use; changing the function of residential buildings or construction works;

g) Changing the duration of land use or ownership period;

h) Changing from a leasehold system provided by the State to a grant system with payment of land use fees;

k) Changing financial obligations recorded on the Certificate;

k) Changing financial obligations that the land user must fulfill;

l) Changing the construction area, usable area, height, structure, grade of buildings or construction works;

m) Changing the area, origin, and documentation of production forests that are planted forests;

n) Correcting errors in the content recorded on the previously issued Certificate due to printing or writing of the Certificate;

o) The previously issued Certificate includes multiple plots of land, and the land user transfers the use rights of one or more plots.

Article 20. Place for Submission of Documents and Receipt of Results of Registration of Changes After Issuance of Certificate

1. The place for submission of documents and receipt of results of procedures for registration of changes after issuance of certificate shall be carried out in accordance with the provisions of Article 11 of Decree No. 88/2009/NĐ-CP.

In cases where households or individuals submit documents to the People's Committee of the commune or town where the land or attached assets are located, within three (03) working days from the date of receiving complete and valid documents, the People's Committee of the commune or town shall have the responsibility to transfer the documents to the Land Registration Office under the Department of Natural Resources and Environment (hereinafter referred to as the District-level Land Registration Office).

2. In cases where the right to use land and ownership of attached assets of domestic organizations, overseas Vietnamese implementing investment projects, foreign organizations, and foreign individuals transfer such rights to households or individuals, or overseas Vietnamese owning houses in Vietnam, the documents shall be submitted and results received at the District-level Land Registration Office.

In cases where the right to use land and ownership of attached assets of households or individuals, or overseas Vietnamese owning houses in Vietnam transfer such rights to domestic organizations, or overseas Vietnamese for the purpose of implementing investment projects, the documents shall be submitted and results received at the Land Registration Office under the Department of Natural Resources and Environment (hereinafter referred to as the Provincial-level Land Registration Office).

3. The Land Registration Office, People's Committee of the commune or town, upon receiving documents, shall issue a receipt for the documents to the person submitting them; check the documents and within no more than three (03) working days must notify in writing the person submitting the documents if additional or completed documents are required.

Article 21. Timeframe for Procedures for Registration of Changes After Issuance of Certificate

The timeframe for procedures for registration of changes after issuance of certificate shall be stipulated by the Provincial People's Committee but shall not exceed fifteen (15) working days, excluding the time for the land user or owner of attached assets to fulfill financial obligations.

In cases where the procedure for registration of changes requires cadastral surveying of the land plot, the administrative procedure timeframe may be extended by no more than twenty (20) working days; in cases requiring issuance of a certificate, the administrative procedure timeframe may be extended by no more than five (05) working days; in cases where the documents for registration of changes do not include a certificate but contain one of the documents specified in Clauses 1, 2, and 5 of Article 50 of the Land Law, Articles 8, 9, and 10 of Decree No. 88/2009/NĐ-CP, the administrative procedure timeframe may be extended by no more than thirty-five (35) working days.

Article 22. Authority Implementing Confirmation of Changes on Certificate and Updating of Cadastral Records

1. The Provincial-level Land Registration Office shall implement confirmation of changes on the issued certificate, simultaneously updating and recording changes in the cadastral records and the cadastral database for cases where the land user or owner of attached assets is a domestic organization, religious institution, overseas Vietnamese implementing investment projects, foreign organizations, or foreign individuals.

2. The District-level Land Registration Office shall implement confirmation of changes on the issued certificate, simultaneously updating the cadastral records it manages and recording changes in the cadastral database for cases where the land user or owner of attached assets is a household, individual, community, or overseas Vietnamese owning houses in Vietnam.

Article 23. Procedures and formalities for registering the transfer, inheritance, and gift of land use rights and ownership of attached assets

1. The party receiving the transfer, inheritance, or gift shall submit a set of documents as prescribed below:

a) In the case of receiving the transfer, inheritance, or gift of land use rights and attached assets, the documents include:

- Transaction documents regarding land use rights and attached assets (transfer contract for the case of receiving a transfer; will or division of inheritance record or court judgment or decision resolving disputes that have taken legal effect for the case of inheritance or heir's application if the heir is the only one; commitment letter, gift contract, or gift decision for the case of receiving a gift);

- Documents on land use rights and ownership of attached assets (Certificate of Land Use Right, Ownership of Housing and Other Attached Assets or Certificate of Housing Ownership and Land Use Right or Certificate of Land Use Right and Certificate of Housing Ownership, Certificate of Construction Works Ownership or one of the types of documents specified in Clauses 1, 2, and 5 of Article 50 of the Land Law and one of the documents specified in Articles 8, 9, and 10 of Decree No. 88/2009/NĐ-CP);

b) In the case of receiving the transfer, inheritance, or gift of land use rights, the documents include:

- Transaction documents regarding land use rights (transfer contract for the case of receiving a transfer; will or division of inheritance record or court judgment or decision resolving disputes that have taken legal effect for the case of inheritance or heir's application if the heir is the only one; commitment letter, gift contract, or gift decision for the case of receiving a gift);

- Documents on land use rights (Certificate of Land Use Right, Ownership of Housing and Other Attached Assets or Certificate of Land Use Right or Certificate of Housing Ownership and Land Use Right or one of the types of documents specified in Clauses 1, 2, and 5 of Article 50 of the Land Law);

c) In the case of receiving the transfer, inheritance, or gift of ownership of attached assets, the documents include:

- Transaction documents regarding ownership of attached assets (transfer contract for the case of receiving a transfer; will or division of inheritance record or court judgment or decision resolving disputes that have taken legal effect for the case of inheritance or heir's application if the heir is the only one; commitment letter, gift contract, or gift decision for the case of receiving a gift);

- Documents on ownership of attached assets (Certificate of Land Use Right, Ownership of Housing and Other Attached Assets or Certificate of Housing Ownership or Certificate of Construction Works Ownership or one of the types of documents specified in Articles 8, 9, and 10 of Decree No. 88/2009/NĐ-CP);

- If the transferring or gifting party is the owner of the asset who is not simultaneously the land user, they must have a document from the land user agreeing to allow the owner of the attached asset to transfer or gift the attached asset, which has been certified by a notary or authenticated by the People's Committee at the commune or district level according to the provisions of the law.

2. After receiving complete and valid documents, the Land Registration Office shall be responsible for reviewing the documents; if they comply with the provisions of the law, it shall perform the following tasks:

a) Conducting cadastral survey of the land plot for cases where there is no certificate issued in areas without a cadastral map or where a certificate has been issued but there is no plot plan or for cases involving the transfer of part of a land plot;

b) Processing the issuance of the Certificate and delivering it to the recipient who has fulfilled their financial obligations or sending it to the People's Committee of the commune or town for delivery in cases where the application was submitted at the commune or town level; updating changes in the cadastral file and cadastral database.

Article 24. Procedures and formalities for registering land use rights leasing and subleasing, and leasing of attached immovable property

1. The lessor, sublessor of land use rights and attached immovable property, or the lessor of attached immovable property shall submit a set of documents as prescribed below:

a) In the case of leasing and subleasing land use rights and attached immovable property, the documents include:

- Lease or sublease contract for land use rights and attached immovable property;

- Documents on land use rights and ownership of attached immovable property as stipulated in point a, Clause 1, Article 23 of this Circular;

b) In the case of leasing and subleasing land use rights, the documents include:

- Lease or sublease contract for land use rights;

- Documents on land use rights as stipulated in point b, Clause 1, Article 23 of this Circular;

c) In the case of leasing attached immovable property, the documents include:

- Lease contract for attached immovable property;

- Documents on ownership of attached immovable property as stipulated in point c, Clause 1, Article 23 of this Circular;

- A written consent from the land user to allow the owner of the attached immovable property to lease such property, which has been certified by a notary or authenticated by the People's Committee of the commune or district according to the law, in cases where the owner of the property is not simultaneously the land user.

2. After receiving a complete and valid set of documents, the Land Registration Office shall be responsible for checking the documents, and if they comply with the provisions of the law, it shall perform the following tasks:

a) Conducting cadastral survey for the plot of land in cases where a certificate of land use right must be issued in areas without existing cadastral maps;

b) Registering the lease in the cadastral file and cadastral database; performing procedures to issue a certificate of land use right in cases where such a certificate must be issued; delivering the certificate of land use right to the recipient or sending it to the People's Committee of the commune or town for delivery in cases where the application is submitted at the commune or town level.

In cases where an investor builds and operates infrastructure in industrial zones, economic zones, or high-tech zones and leases or subleases land use rights associated with such infrastructure, the provincial Land Registration Office shall be responsible for confirming the lease in the certificate of land use right already issued to the lessor or sublessor of land use rights; performing procedures to issue a certificate of land use right to the lessee or sublessee of land use rights.

Article 25. Procedures and formalities for deregistering land use rights leasing and subleasing, and leasing of attached immovable property

1. After the lease or sublease contract for land use rights or the lease or sublease contract for land use rights and attached immovable property or the lease contract for attached immovable property becomes ineffective; the lessor, sublessor of land use rights and attached immovable property shall submit a set of contracts that have been confirmed as terminated or the contract and termination document.

2. After receiving a complete and valid set of documents, the Land Registration Office shall be responsible for checking the documents, and if they comply with the provisions of the law, it shall confirm the deregistration of the lease or sublease in the cadastral file and cadastral database.

In cases of deregistering the lease or sublease of land use rights and attached immovable property by investors building and operating infrastructure in industrial zones, economic zones, or high-tech zones, the provincial Land Registration Office shall be responsible for recovering the certificate of land use right from the lessee or sublessee of land use rights and confirming the deregistration of the lease or sublease in the certificate of land use right already issued to the lessor or sublessor of land use rights.

Article 26. Procedures and formalities for registering capital contribution with land use rights and attached assets

1. The party contributing capital with land use rights and attached assets shall submit a set of documents as prescribed below:

a) In case of capital contribution with both land use rights and attached assets, the documents include:

- A capital contribution contract with land use rights and attached assets;

- Documents on land use rights and ownership of attached immovable property as stipulated in point a, Clause 1, Article 23 of this Circular;

b) In case of capital contribution with land use rights only, the documents include:

- A capital contribution contract with land use rights;

- Documents on land use rights as stipulated in point b, Clause 1, Article 23 of this Circular;

c) In case of capital contribution with attached assets only, the documents include:

- A capital contribution contract with attached assets;

- Documents on ownership of attached immovable property as stipulated in point c, Clause 1, Article 23 of this Circular;

- A document from the land user agreeing to allow the owner of the attached assets to contribute such assets as capital, certified by a notary or confirmed by the People's Committee of the commune or district according to the law when the asset owner is not simultaneously the land user.

2. After receiving complete and valid documents, the Land Registration Office shall be responsible for checking the documents, and if they comply with the provisions of the law, it shall perform the following tasks:

a) Conducting cadastral survey for the land plot where a certificate of land use right needs to be issued in places without a cadastral map or where a certificate has been issued but there is no plot plan, or for forming a new legal entity for part of the land plot;

b) Noting changes on the already issued certificate of land use right for cases of capital contribution without forming a new legal entity, or processing the issuance of a certificate of land use right for other remaining cases;

c) Delivering the certificate of land use right to the recipient or sending it to the People's Committee of the commune or town for delivery in cases where the application was submitted at the commune or town level after the recipient completes financial obligations (if any), and updating changes in the cadastral file and cadastral database.

Article 27. Procedures and formalities for deregistering capital contribution with land use rights and ownership of attached assets

1. The party that contributed capital or the party receiving capital contribution with land use rights and attached assets, or both parties, shall submit a set of documents including:

a) A contract or agreement terminating the capital contribution;

b) Certificate of land use right, ownership of house and other attached assets, or certificate of land use right, ownership of house and land use right, or certificate of ownership of house, or certificate of ownership of construction works already issued.

2. In cases where the registration of capital contribution with land use rights and ownership of attached assets has been noted on the already issued certificate as stipulated in point b clause 1 of this Article, after receiving complete and valid documents, the Land Registration Office shall be responsible for checking the documents, noting the cancellation of the capital contribution on the certificate, and delivering it to the contributor or collecting the already issued certificate for retention if the land use period has ended after the termination of the capital contribution; updating changes in the cadastral file and cadastral database.

3. In cases where a certificate has been issued as stipulated in point b clause 1 of this Article for a newly formed legal entity upon capital contribution, after receiving complete and valid documents, the Land Registration Office shall perform the following tasks:

a) Checking the documents, collecting the already issued certificate for retention if the land use period has ended after the termination of the capital contribution;

b) Processing the issuance of a certificate of land use right for the contributor in cases where the land use period has not ended after the termination of the capital contribution; delivering the certificate of land use right to the recipient or sending it to the People's Committee of the commune or town for delivery in cases where the application was submitted at the commune or town level; updating changes in the cadastral file and cadastral database.

If the land use period ends simultaneously with the termination of the capital contribution, if the contributor wishes to continue using the land, procedures for extending the land use period shall be carried out according to Article 142 of Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on implementing the Law on Land and Article 38 of Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government providing additional regulations on land planning, land prices, land recovery, compensation, support, and resettlement; if the contributor does not request an extension or is not granted an extension of the land use period, the natural resources and environment authority shall carry out procedures for recovering the land according to clause 3 of Article 132 of Decree No. 181/2004/NĐ-CP.

Article 28. Procedures for registering to acquire land use rights and attached assets through the enforcement of mortgage contracts, capital contribution contracts, or the auction sale of land use rights and attached assets

1. An organization that has processed land use rights and attached assets that were mortgaged, contributed as capital, or seized for auction sale to enforce judgments according to the law shall be responsible for submitting on behalf of the person acquiring land use rights a set of documents including:

a) The mortgage contract, capital contribution contract using land use rights and attached assets, or the judgment, enforcement decision, or decision to seize for auction sale of land use rights and attached assets issued by the enforcement agency;

b) Documents regarding land use rights and ownership of attached assets as stipulated in Clause 1, Article 23 of this Circular;

c) Financial obligation settlement receipts (if applicable);

d) Auction result documentation in cases where land use rights and attached assets have been auctioned.

2. After receiving complete and valid documents, the Land Registration Office shall be responsible for checking the documents, and if they comply with the provisions of the law, it shall perform the following tasks:

a) Land survey for the plot of land in cases where there is no cadastral map, no certificate of land use right, or where there is a certificate but no plot plan, or in cases of receiving a partial transfer of land use rights;

b) Processing procedures for issuing and delivering the Certificate of Land Use Right to the recipient or sending it to the People's Committee of the commune or town for delivery if the application is submitted at the commune or town level after the recipient completes their financial obligations (if applicable); updating changes in the land registry and land database.

Article 29. Procedures for registering changes in land use rights and attached assets due to name change; reduction in plot area due to natural erosion; changes in usage restrictions; changes in financial obligations; changes in construction area, usable area, building height, main structure, building grade (category); changes in information about forest tree ownership rights

1. The person requesting registration of changes submits a set of documents including:

a) Application for registration of changes;

b) Relevant documents as required by law for cases where the content of the change requires approval from the competent authority;

c) One of the issued certificates containing information related to the registration of changes.

2. After receiving complete and valid documents, the Land Registration Office shall be responsible for checking the documents, and if they comply with the provisions of the law, it shall perform the following tasks:

a) Land survey for the plot of land in cases where there is a change in the area of the plot or attached assets, or in cases where there is no cadastral map or land survey;

b) In cases where there is a change in construction area, usable area, building height, main structure, or building grade (category) requiring a construction permit, but such a permit is not included in the change registration application, then a request for comments from the competent authority managing housing and construction projects must be sent. Within five (05) working days from the date of receipt of the comment request, the housing and construction project management authority is responsible for providing a written response to the Land Registration Office;

c) Updating the change on the issued certificate or processing the issuance of a new Certificate of Land Use Right when a new certificate is required; updating the change in the land database; delivering the Certificate of Land Use Right to the recipient or sending it to the People's Committee of the commune or town for delivery if the application is submitted at the commune or town level after the recipient completes their financial obligations (if applicable).

Article 30. Publicizing cases of overseas Vietnamese and foreign individuals owning a house in Vietnam

1. The Land Registration Office shall be responsible for compiling a list of overseas Vietnamese and foreign individuals who have completed procedures to obtain a Certificate of House Ownership and to send it to the Ministry of Construction and the Ministry of Natural Resources and Environment within five (05) working days from the date of issuing the Certificate of House Ownership.

2. The National Land Management Agency shall be responsible for consolidating and publicly announcing on the website of the Ministry of Natural Resources and Environment the list of overseas Vietnamese and foreign organizations and individuals who have purchased houses attached to residential land use rights in Vietnam.

3. When the Land Registration Office and other relevant agencies process certification and confirmation of contracts or documents transferring ownership of houses and issuing Certificates of House Ownership to overseas Vietnamese and foreign individuals eligible to own a house in Vietnam, they must check the information about the ownership of houses of these subjects on the website of the Ministry of Natural Resources and Environment.

Article 31. Copies of the Certificate of House Ownership

1. The Land Registration Office shall be responsible for making copies of the Certificate of House Ownership (including cases of change confirmation) before handing over the certificate to the recipient to keep one copy in the file and send it to the relevant agency as prescribed in Clause 5, Article 11 of Decree No. 88/2009/ND-CP.

2. In places with appropriate conditions, in addition to making copies of the Certificate of House Ownership as stipulated in Clause 1 of this Article, scanning should also be carried out to store in the cadastral database in digital form for issued Certificates of House Ownership and Certificates of House Ownership that have been confirmed for changes.

Article 32. Data on land users and owners of assets attached to land in the cadastral database

1. Data on land users and owners of assets attached to land shall be established for all parcels of land currently being used and registered by land users and asset owners, including the following information:

a) Code of land user and asset owner;

b) Name of land user and asset owner.

2. The code of land user and asset owner includes the type code, land user code, and asset owner code, which are expressed as follows:

a) Type code of land user and asset owner includes:

- “GDC” for households and individuals;

- “UBS” for People's Committee of communes;

- “TKT” for domestic economic organizations;

- “TCN” for state agencies, political organizations, political-social organizations, people's armed forces units, and state-run public service organizations;

- “TKH” for other domestic organizations and religious establishments;

- “TLD” for joint ventures with foreign countries;

- “TVN” for wholly foreign-owned enterprises;

- “TNG” for foreign organizations with diplomatic functions;

- “CDS” for community residents;

b) The land user code and asset owner code are expressed sequentially after the type code as follows:

- "-SD" for land users;

- "-SH" for asset owners;

- "-SDSH" for land users who are also asset owners.

3. The name of the land user and asset owner and other accompanying information shall be expressed according to Clause 1, Article 4 of this Circular.

If the land user is not simultaneously the asset owner, in the cadastral database of the parcel of land, information about the land user and asset owner shall be displayed sequentially. Following the information about the land user, it shall be noted "Has the right to use the land plot." The name of the asset owner shall be expressed according to point b, Clause 2, Article 4 of this Circular.

If the parcel of land has multiple land users and asset owners, in the cadastral database of the parcel of land, the names of all those using the land and owning the assets attached to the land shall be displayed sequentially, followed by the note "Using the land together and owning assets attached to the land together."

If the parcel of land has multiple land users and multiple asset owners, and the land users and asset owners are two different groups of subjects, in the cadastral database of the parcel of land, the names of all land users and all asset owners shall be displayed sequentially. Following the information about each land user, it shall be noted "Having the right to use the land plot together." Following the information about each asset owner, it shall be noted "Having the right to own assets attached to the land plot ... (specify lease, loan, etc.) of those having the right to use the land."

Article 33. Data on attached assets and notes in the land administration database

1. Data on houses, construction works, and production forests, which are planted forests, recorded in the land administration database of each plot of land shall include information as prescribed in Article 6 of this Circular.

In cases where houses or construction works are located across multiple plots of land, the entire common asset shall be reflected in the database of each individual plot of land.

2. The recording of notes regarding restrictions on land use rights, ownership rights of attached assets, and other notes in the land administration database shall be carried out in accordance with the provisions of Article 8 of this Circular.

Article 34. Sample Documents Used in Registration Procedures, Issuance of Certificates, and Management of Certificate Issuance

Sample documents used in registration procedures, issuance of certificates, and sample record books and reports used in the management of certificate issuance blanks are specified in Appendix No. 02 attached to this Circular.

Chapter IV

IMPLEMENTATION

Article 35. Effective Date

1. This Circular takes effect from December 10, 2009.

2. Abolish Decision No. 08/2006/QĐ-BTNMT dated July 21, 2006, issued by the Minister of Natural Resources and Environment on the Regulations on Land Use Right Certificate.

3. Abolish Points 2.2; Subpoint b and Subpoint e of Point 2.6; Points 2.9 and 2.11 Clause 2 Section III of Circular No. 09/2007/TT-BTNMT; Model No. 03/ĐK, Model No. 04/ĐK, Model No. 14/ĐK, and Model No. 15/ĐK promulgated together with Circular No. 09/2007/TT-BTNMT.

Article 36. Responsibilities for Implementation

1. The Chairman of the People's Committee of provinces and centrally governed cities shall direct the issuance of certificates at the local level in accordance with this Circular.

2. The Director of the Department of Natural Resources and Environment shall be responsible for reporting to the Land Administration General Department on the situation of certificate issuance every six months and annually, with the mid-year report submitted before June 15 and the annual report submitted before December 15 each year.

3. The Director-General of the Land Administration General Department shall be responsible for compiling the situation of certificate issuance nationwide to report to the Minister of Natural Resources and Environment before June 30 and December 31 each year.

4. State management agencies; specialized agencies on natural resources and environment, housing and construction, agriculture and rural development of localities and relevant organizations and individuals shall be responsible for implementing this Circular.

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