Circular No. 20/2010/TT-BTNMT supplements regulations on Land Use Right Certificate, House Ownership Right Certificate, and Certificates for Other Assets Attached to Land

CIRCULAR

Supplementary provisions on Land Use Right Certificate,

ownership of housing and other assets attached to land

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Based on the Land Law dated November 26, 2003;

Based on 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;

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

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

Based on Decree No. 25/2008/ND-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment; Decree No. 19/2010/ND-CP dated March 5, 2010 and Decree No. 89/2010/ND-CP dated August 16, 2010 of the Government amending and supplementing Decree No. 25/2008/ND-CP.

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

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular supplements provisions on Land Use Right Certificates, ownership of housing and other assets attached to land (hereinafter referred to as the Certificate), file and procedures for issuing 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 land administration at communes, wards, towns.

2. Land users, owners of housing and other assets attached to land, organizations and individuals with related interests.

Chapter II

SPECIFIC PROVISIONS

Article 3. Supplementary page of the Certificate

1. Issued together with this Circular Supplementary page of the Certificate to confirm changes to the Certificate that has been issued in the following cases:

a) Mortgage or release of mortgage of land use rights, ownership of housing and other assets attached to land;

b) Lease or sublease of land or cancellation of lease or sublease of land by infrastructure investment enterprises in industrial zones, high-tech zones, economic zones.

2. For types of Certificates issued previously which have provisions for using the Supplementary page, the Supplementary page of the Certificate shall be used according to the provisions of this Circular if the land user requests it.

3. The Supplementary page of the Certificate is white; its size and content are the same as page 4 of the Certificate; it shows the plot number, issuance number of the Certificate, and registration number as shown on the issued Certificate; the type of paper used follows the standard of the Certificate (offset paper with weight of 160g/m 4. Recording the confirmation content and authority to confirm on the Supplementary page of the Certificate is carried out according to the provisions of Article 12 and Article 22 of Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Ministry of Natural Resources and Environment on the Land Use Right Certificate, ownership of housing and other assets attached to land (hereinafter referred to as Circular No. 17/2009/TT-BTNMT) and supplementary provisions of this Circular.² ±5%).

5. When using the Supplementary page of the Certificate, the serial number of the Supplementary page must be recorded and stamped across with page 4 of the Certificate (stamp of the Registration Office with authority to confirm change registration); note: "Attached to this Certificate is Supplementary page number: 01, ..." at the end of page 4 of the Certificate; record the number of issued Supplementary pages in the Certificate issuance register's note column.

5. When using the Supplementary Page of the Certificate, the serial number of the Supplementary Page must be recorded and affixed with a seam stamp from the competent Land Registration Office confirming the registration of changes on page 4 of the Certificate; note: "This Certificate is accompanied by Supplementary Page number: 01, ..." at the end of page 4 of the Certificate; record in the remarks column of the Issuance Register the number of issued Supplementary Pages.

Article 4. Issuing Certificate, registering changes on the issued Certificate when transferring land use rights, transferring ownership of houses and other assets attached to land, or converting from leasehold to grant with payment for land use rights.

1. In cases where land use rights, ownership of houses and other assets attached to land (hereinafter referred to as assets attached to land) are transferred under forms of conversion, transfer, inheritance, gift, or contribution to form a new legal entity covering the entire area of land and assets attached to land stated on the Land Use Right Certificate, House Ownership Certificate, Land Use Right and House Ownership Certificate, House Ownership Certificate, Construction Project Ownership Certificate, Land Use Right, House Ownership and Other Assets Attached to Land Certificate, the Certificate of the transferring party shall be revoked and a new Certificate shall be issued to the receiving party.

If the receiving party requests to use the Certificate of the transferring party, the Land Registration Office shall confirm the transfer right on pages 3 and 4 of the issued Certificate with the content: "Transferred (or Converted, Inherited, ...) to ... (record and and address of the receiving party) according to file number ... (record the serial number of the registration change file)".

2. In cases where only part of the land plot area or assets attached to land are transferred, the issued Certificate (if issued for a single plot) shall be revoked; both the receiving and transferring parties shall be issued new Certificates.

If the transferring party requests to use the issued Certificate, the Land Registration Office shall confirm on pages 3 and 4 of the Certificate with the content “Land plot number... has been subdivided to transfer rights according to file number ... (record the serial number of the registration change file); non-transferred area is...m² with new plot number ..."; if there is a partial transfer of ownership of assets attached to land, then follow up with information about the remaining non-transferred assets.

3. In cases where the land user converts from leasehold to grant with payment for land use rights, the content confirming the change in Section IV of the Supplement Page of the Certificate shall be recorded as follows: "Converted to grant with payment for land use rights from .../.../... according to file number ... (record the serial number of the registration change file)”.

Article 5. Writing Certificate in cases where the owner of assets attached to land has both common and individual ownership.

In cases where the certificate holder has a portion of assets attached to land under individual ownership and another portion under common ownership, the Certificate shall be recorded according to Circular No. 17/2009/TT-BTNMT and additional provisions as follows:

1. On page 1 of the Certificate, after recording the information about the certificate holder as prescribed, the next line shall be recorded as follows:

a) Record "Jointly using land and jointly owning a portion of assets with others" for cases where land is jointly used and a portion of assets attached to land are jointly owned;

b) Record "Jointly owning a portion of assets with others" for cases where a portion of assets attached to land are jointly owned.

2. At the point recording information about assets attached to land, each portion of assets under individual and common ownership must be clearly listed as follows:

a) In cases where individual and common assets are different assets or different asset categories, a table shall be created to list information about each asset or each asset category; in the "Construction Category" column, it must be noted clearly "Individual Ownership" or "Common Ownership" as shown below:

b) In cases where individual and common assets are different parts within the same project, the general information of the project including address, construction area, structure, grade (category), number of floors, year of construction completion shall be presented. Information about floor area usage shall be presented separately for individual and common ownership portions as shown below:

“2. House:

+ Address: No. 17 Dai La Street, Dong Tam Ward, Hai Ba Trung District, Hanoi City;

+ Construction area: 120 m²;

+ Structure: Reinforced concrete;

+ Grade (category):  02  ; number of floors:  05 ; Year of construction completion: 2001

Article 6. Writing Certificate in cases where there is no certification of ownership of assets attached to land

In cases where at the time of issuing the Certificate, the land plot does not have assets attached to land or has assets attached to land but the land user (who is also the owner of the assets) does not have the need to certify asset ownership or the assets attached to land belong to another person or there is a request to certify asset ownership but does not meet the certification conditions then at the point recording information about assets attached to land on page 2 of the Certificate shall be indicated by "-/-". Example:

“2. House:                                             -/-

3. Other construction projects:               -/-

4. Production forest is planted forest:            -/-

5. Long-lived trees:                                    -/-”.

Article 7. Surveying and drawing sketches of land plots and attached assets when issuing new certificates or registering changes in land use rights and ownership of attached assets

1. When issuing new certificates or registering changes in land use rights and ownership of attached assets that require new certificates to be issued, there is no need to resurvey and redraw the sketches of land plots and attached assets. The agency receiving the application files shall not require the land users or owners of attached assets to self-survey and redraw the sketches of land plots and attached assets, except for the cases specified in Clause 2 of this Article.

The sketches and data on land plots and attached assets on the new certificate must be reflected accurately according to the old certificate already issued.

In cases where new certificates are issued or changes are registered in areas that have replaced temporary surveying documents with new cadastral maps, the sketches and data of land plots on the new certificate must be consistently reflected according to the new cadastral map.

2. Cases where the owner of attached assets must submit sketches of attached assets when issuing new certificates or registering changes in ownership of attached assets include:

a) Transferring partial ownership of attached assets as recorded on the existing certificate;

b) Having the need to supplementally certify attached assets or change their location, boundaries, or area compared to those recorded on the existing certificate.

Article 8. Content of barcode Certificate for cases within the jurisdiction of the Provincial People's Committee, municipal inspectorate under central-level municipalities

In cases where issuance Certificate falls within the jurisdiction of the Provincial People's Committee or the People's Committee of centrally governed cities, the code of the province or centrally governed city (as stipulated in 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) must be added before the code of the commune, ward, or town where the land is located.

Article 9. Procedures for transferring land administration information to tax authorities and for submitting applications for issuance or amendment of certificates to competent authorities transferring land administration information to tax authorities and for submitting applications for issuance or amendment of certificates to competent authorities or delivering certificates

1. The transferring land administration information and data to tax authorities to determine the financial obligations of land users and owners of attached assets, as carried out by the Land Registration Office after completing the review of application files, except for the following cases:

a) Not meeting the conditions for issuance of certificates or amendments to certificates already issued; certificates. b) Meeting the conditions for issuance of certificates or amendments to certificates already issued but having submitted a request for deferred payment (attached to the application file for issuance of certificates or registration of changes) and falling under the category eligible for deferred payment as prescribed by law;

c) Meeting the conditions for issuance of certificates or amendments to certificates already issued but not falling under the category required to fulfill financial obligations as prescribed by law. received 2. The preparation of application files for submission to competent authorities for issuance or amendment of certificates is carried out after transferring land administration information and data to tax authorities to determine financial obligations as stipulated in Clause 1 of this Article.

3. The delivery of certificates as prescribed in Clause 3 of Article 3 of Decree No. 88/2009/NĐ-CP dated October 19, 2009 of the Government on Issuing Certificates of Land Use Rights, Ownership of Housing and Other Attached Assets (hereinafter referred to as Decree No. 88/2009/NĐ-CP) is carried out as follows:

a) In cases where there is no need to fulfill financial obligations or deferred payment of financial obligations related to the issuance of certificates as prescribed by law, the certificates will be delivered immediately after the agency receiving the application files receives the signed certificates;

b) In cases where financial obligations related to the issuance of certificates must be fulfilled (excluding annual land lease payments), the certificates will be delivered immediately after the certificate recipient completes the financial obligations and submits proof thereof;2009c) In cases of annual land lease payments, the certificates will be delivered after the land user signs a lease agreement with the natural resources and environment authority;

if exempted from financial obligations related to the issuance of certificates, the certificates will be delivered after receiving a document from the competent authority confirming the exemption from financial obligations. Scope of service activity procedures for submitting documents when applying for issuance of certificates or registering changes in land and attached assets

1. When submitting documents on land use rights and ownership of attached assets as prescribed in Articles 7, 8, 9, and 10 of Decree

No. 88/2009/NĐ-CP person to apply for issuance of certificates or registering changes in land and attached assets, the applicant may choose one of the following methods:

d) Field a) Submitting certified or authenticated copies of the documents according to the laws on notarization and authentication;

Article 10. a. Short-sleeved shirt for men b) Submitting copies and presenting the original documents for staff to check and confirm on the copies;

c) Submitting the original documents. If submitting copies, when receiving certificates, the certificate recipient must submit the original documents as prescribed in this clause to the agency delivering the certificates.

2. When submitting proof of fulfillment of financial obligations related to land and attached assets to apply for issuance of certificates or registering changes in land and attached assets, the applicant may choose one of the following methods:

a) Submitting certified or authenticated copies according to the laws on notarization and authentication; 3. NATIONAL UNIVERSITIES ARE SUBJECT TO STATE MANAGEMENT BY THE MINISTRY OF EDUCATION AND TRAINING, THE MINISTRY OF SCIENCE AND TECHNOLOGY, OTHER MINISTRIES AND SECTORS, AND PEOPLE'S COMMITTEES AT ALL LEVELS WHERE NATIONAL UNIVERSITIES ARE LOCATED, WITHIN THE SCOPE OF THEIR FUNCTIONS AS PROVIDED BY THE GOVERNMENT AND IN COMPLIANCE WITH LAWS. b) Submitting copies and presenting the original documents for staff to check and confirm on the copies;

c) Submitting

originals (in cases where there are two original documents). received The Certificate holder must submit the original documents specified in this clause to the authority issuing the Certificate.

2. When submitting financial obligation documents regarding land and immovable property attached to land for the issuance of the Certificate or registration of changes related to land and immovable property attached to land, the applicant may choose one of the following forms:

a) Submit a certified or authenticated copy in accordance with the laws on notarization and authentication;

b) Submit a copy and present the original for the file reception officer to check and confirm on the copy;

c) Submit dated originals (in cases where there are two original copies).

Article 11. Reissue of Lost Certificate

1. In cases where the Land Use Right Certificate, House Ownership Certificate, House Ownership and Residential Land Use Right Certificate, Construction Project Ownership Certificate are lost, they shall be reissued with a Land Use Right Certificate, House Ownership Certificate, and Certificate for other assets attached to the land according to the procedures stipulated in Article 24 of Decree No. 88/2009/NĐ-CP.

2. The submission of application files for the procedure to reissue lost certificates must be carried out thirty (30) days after the announcement of the loss of the certificate on local mass media (for domestic organizations, foreign organizations, foreign individuals, overseas Vietnamese) or thirty (30) days after the posting of the notice of the loss of the certificate at the People's Committee office of the commune, ward, town (for households and domestic individuals).

Article 12. Correction of Various Types of Issued Certificates as stipulated in Article 25 of Decree No. 88/2009/NĐ-CP

1. The correction of errors in issued certificates shall be carried out after receiving a request from the certificate holder or a report about the discovery of errors in the certificate from the certificate holder or related organizations or individuals.

The Land Registration Office is responsible for checking and recording the correction content Certificate in accordance with point q, Clause 1, Article 12 of Circular No. 17/2009/TT-BTNMT for the environmental resources management agency to confirm.

2. In cases where the certificate holder requests a new certificate upon correction or there are multiple corrections, the Land Registration Office shall submit to the competent authority for issuance of a new certificate.

Article 13. Issuance of Certificate for Cases Where Land is Assigned or Leased by the State

1. For cases where land was assigned or leased by the State before July 1, 2004 and has not yet been issued a certificate, the current land user shall submit an application file to obtain the certificate according to the provisions of Decree No. 88/2009/NĐ-CP.

2. For cases where land was assigned or leased by the State from July 1, 2004 onwards, the assignee or lessee does not need to submit an application file for the certificate; the issuance of the certificate and updating of the land records will be conducted concurrently with the assignment or leasing procedures without being separated into separate procedures.

Chapter III

IMPLEMENTATION

Article 14. Effective Date

1. This Circular takes effect from December 10, 2010.

2. The following regulations are abolished:

a) Clause 9, Article 6, point k, Clause 1, Article 12 and point đ, Clause 1, Article 19 of Circular No. 17/2009/TT-BTNMT;

b) The section “(Regarding the posting of notices of lost certificates for households and individuals requesting reissuance of lost certificates)” in Section II of the Application Form for Reissuance and Replacement of Certificate (Form No. 02/ĐK-GCN);

c) Other regulations that conflict with this Circular.

Article 15. Responsibility for Implementation

1. The Chairmen of the People's Committees of provinces and centrally-administered cities shall direct the implementation of this Circular in their respective localities.

2. Directors of Provincial Departments of Natural Resources and Environment shall be responsible for organizing the implementation in their respective localities in accordance with this Circular.

Any difficulties encountered during the implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and resolution./.