Joint Circular No. 22/2016/TTLT-BNNPTNT stipulates the types of perennial plants to be certified for ownership rights.

JOINT CIRCULAR

REGULATIONS ON PERENNIAL TREES TO BE REGISTERED FOR OWNERSHIP RIGHTS

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

Pursuant to Decree No.43/2014/NĐ-CP May 15, 2014 Government Decree No. 3/NĐ-CP detailing implementation of certain provisions of the Land Law;

Pursuant to Decree No.199/20126 November 2013 Government Decree No. November 26, 2013 Government Decree No. 3/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No.21/2013/NĐ-CP March 4, 2013 Government Decree No. 3/NĐ-CP on 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 Joint Circular stipulates the types of perennial trees to be registered for ownership rights when issuing Certificates of Land Use Rights, House Ownership, and Other Property Rights Attached to the Land as prescribed by 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 tree is a type of tree that does not grow upright but must rely on other trees or objects for support or uses organs such as auxiliary roots, branches, tendrils, or leaves to climb.

4. Long-term industrial tree is a type of tree planted once, growing and yielding harvests over many years, products used as raw materials for industrial production or require 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) Planted once, yielding products (with the main stem remaining intact) or used as timber trees, ornamental trees, shade trees, with a growth period from planting to removal exceeding five (5) 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 provinces and centrally governed cities shall instruct the Department of Agriculture and Rural Development to take the lead in drafting and submitting to the People's Committee of provinces and centrally governed cities for decision issuance the List of perennial crop species for ownership certification on the administrative territory. Annually, the Department of Agriculture and Rural Development shall be responsible for reviewing and proposing supplements to the List of perennial crop species for ownership certification on the administrative territory.

2. Within the latest 15 working days from the date of issuance of the List of perennial crop species for ownership certification on the administrative territory, the Department of Agriculture and Rural Development shall report to the Ministry of Agriculture and Rural Development (Crop Cultivation Department) for consolidation.

3. Based on the List of perennial crop species for ownership certification on the administrative territory, the competent authority shall issue the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to the Land according to the laws on land for the owner of perennial crops.

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. National Land Management Agency - Ministry of Natural Resources and Environment:

Direct the construction of a land database including data on cases where ownership of perennial crops has 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 to provide written comments identifying perennial crop species included in the List of perennial crop species for ownership certification on the administrative territory (in case requested by 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 any difficulties, organizations and individuals should 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 and amend and supplement.