JOINT CIRCULAR No. 22/2016/TTLT-BNNPTNT-BTNMT ON THE TYPES OF PERENNIAL TREES TO BE CERTIFIED FOR OWNERSHIP RIGHTS

JOINT CIRCULAR

Regulations on perennial plants recognized for ownership rights

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

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

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

The Minister of Agriculture and Rural Development and the Minister of Natural Resources and Environment issue this Joint Circular to regulate the types of perennial trees to be registered for ownership rights.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the types of perennial plants to be recognized for ownership rights when issuing Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land in accordance with land laws.

Article 2. Applicability

1. State management agencies for natural resources and environment; agriculture and rural development, and other relevant agencies; land administration officials at communes, wards, and towns.

2. Land users, owners of perennial trees, organizations, and other individuals related to the matter.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Woody tree is a type of tree with woody stems, varying in size depending on the species.

2. Shrub tree is a type of tree with stems that may become woody, with the main stem not well developed or underdeveloped, branches growing from the base of the main stem.

3. Climbing planto is a type of plant that does not grow vertically but must rely on other trees or objects as support or uses organs such as auxiliary roots, branches, tendrils, or leaves to climb.

4. Long-term industrial tree is a type of plant planted once, growing and yielding products over many years, used as raw material for industrial production or requires processing before use, such as rubber, cocoa, coffee, tea, cashew, pepper.

5. Long-term fruit tree is a type of tree planted once, growing and yielding harvests over many years, products being fruits for fresh consumption or processed use, such as pomelo, orange, rambutan, apricot, plum, mangosteen, longan, durian, lychee, mango.

6. Long-term medicinal herb tree is a type of tree planted once, growing and yielding harvests over many years, products used as medicinal herbs, such as cinnamon, galangal, angelica, camphor, ginseng.

7. Long-term timber tree, shade tree, landscape tree is a type of tree planted once, growing and developing over many years, such as acacia, eucalyptus, paulownia, keel, magnolia, buddhist fig, locust.

Chapter II

TYPES OF PERENNIAL TREES TO BE REGISTERED FOR OWNERSHIP RIGHTS AND THE REGISTRATION AND ISSUANCE OF OWNERSHIP RIGHTS CERTIFICATES

Article 4. Specific regulations on types of perennial trees to be registered for ownership rights

1. Types of perennial trees to be registered for ownership rights include:

a) Long-term industrial tree;

b) Long-term fruit tree;

c) Long-term medicinal herb tree;

d) Long-term timber tree, shade tree, and landscape tree.

2. Perennial trees to be registered for ownership rights must have the following characteristics:

a) A plant planted once, yielding products (with the main stem remaining intact) or used for timber, ornamental purposes, shade, with a growth period from planting to removal exceeding five (05) years:

b) Belonging to one of the following groups of trees: woody tree, shrub tree, or climbing tree.

Article 5. List of perennial crop species for ownership certification on the administrative territory

1. Based on the provisions of Article 4 of this Joint Circular, the People's Committee of the province or centrally governed city shall assign the Department of Agriculture and Rural Development to take the lead in drafting and submitting to the People's Committee of the province or centrally governed city for decision to issue a List of plant species belonging to the types of perennial plants recognized for ownership rights within their jurisdiction. Annually, the Department of Agriculture and Rural Development shall have the responsibility to review and propose supplements to the List of plant species belonging to the types of perennial plants recognized for ownership rights within their jurisdiction.

2. Within the latest fifteen working days from the date of issuance of the List of plant species belonging to the types of perennial plants recognized for ownership rights within their jurisdiction, the Department of Agriculture and Rural Development shall report to the Ministry of Agriculture and Rural Development (Plant Cultivation Department) for consolidation.

3. Based on the List of plant species belonging to the types of perennial plants recognized for ownership rights within their jurisdiction, the competent authority shall issue Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land in accordance with land laws to the owners of perennial plants.

Chapter III

IMPLEMENTING PROVISIONS

Article 6. Responsibilities for Implementation

1. Crop Cultivation Department - Ministry of Agriculture and Rural Development:

Take the lead in consolidating information on perennial crop species for ownership certification on the administrative territory nationwide, and update it on the website of the Department.

2. The National Land Management Agency - Ministry of Natural Resources and Environment: Direct the establishment of a land database including data on cases where ownership rights to perennial plants have been certified.

3. The People's Committee of provinces and centrally governed cities shall assign:

a) The Department of Natural Resources and Environment to organize the issuance of the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to the Land for the owner of perennial crops;

b) The Department of Agriculture and Rural Development shall provide written comments to determine the types of perennial plants included in the List of plant species belonging to the types of perennial plants recognized for ownership rights within their jurisdiction (in case of request from the Land Registration Office).

c) The People's Committee of districts, towns, and cities under provinces to promote and disseminate regulations on registration and certification of ownership of perennial crops on the administrative territory.

Article 7. Effective Date

1. This Joint Circular takes effect from December 1, 2016.

2. During implementation, if there are difficulties, organizations and individuals need to promptly reflect them to the Ministry of Agriculture and Rural Development for consolidation, leading and coordinating with the Ministry of Natural Resources and Environment to study, amend, and supplement.