Circular No. 23/2014/TT-BTNMT on Land Use Right Certificate, House Ownership Right Certificate, and Other Assets Attached to the Land

CIRCULAR

Regulations on land use right certificates, ownership certificates of houses, and certificates of other assets attached to land

residential property and other assets attached to the land

___________ 

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. 21/2013/NĐ-CP dated March 4, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

At the request of the Director General of the Land Administration General Department and the Head of the Legal Department,

The Minister of Natural Resources and Environment issues this Circular on land use right certificates, ownership certificates of houses, and certificates of other assets attached to land.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates land use right certificates, ownership certificates of houses, and certificates of other assets attached to land (hereinafter referred to as Certificates).

Article 2. Applicability

1. State management agencies; specialized agencies for natural resources and environment, housing and construction works, agriculture and rural development, finance at all levels and other relevant agencies; land administration officials at communes, wards, and towns.

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

Chapter II

SAMPLE OF THE CERTIFICATE AND PRINTING AND ISSUANCE

MANAGEMENT OF CERTIFICATE BLANKS

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, houses, and other assets attached to land. The Certificate consists of one sheet with four pages, printed on a red-brown background patterned with bronze drums (referred to as the Certificate blank), and a supplementary page with a white background; each page has dimensions of 190mm x 265mm; it includes contents as prescribed as follows:

a) Page 1 includes the National Emblem, National Seal, and the phrase "Certificate of land use rights, ownership of houses, and other assets attached to land" printed in red; Section I "Name of land user, owner of houses, and other assets attached to land" and the serial number of the Certificate (serial number) consisting of two Vietnamese letters and six digits, printed in black; the raised seal of the Ministry of Natural Resources and Environment;

b) Page 2 printed in black ink includes Section II "Land plot, house, and other assets attached to land," which contains information about the land plot, house, other construction works, planted production forests, perennial trees, and notes; date of issuance of the Certificate and issuing authority; registration number of the Certificate;

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;" cautionary notes for the certificate holder; barcode;

e) The supplementary page of the Certificate printed in black ink includes the phrase "Supplementary page of the Certificate;" plot number; serial number of the Certificate; registration number of the Certificate and Section IV "Changes after issuance of the Certificate" similar to page 4 of the Certificate;

f) The contents of the Certificate specified in Points a, b, c, d, and e of this Clause shall be printed or written by the Land Registration Office or Branch of the Land Registration Office or the Land Use Right Registration Office (in places where the Land Registration Office has not been established) when preparing files for submission to the competent authority for issuance of the Certificate or to record changes in the already issued Certificate.

2. The specific content and form of the Certificate as stipulated in Points a, b, c, d, and e of Clause 1 of this Article are reflected in the Model attached to this Circular.

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

b) Establishing and managing a record of issuance of blank certificates;

c) Inspecting and guiding the management and use of blank certificates in 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) Inspecting and guiding the management and use of blank certificates in the locality;

c) Organizing the destruction of blank certificates, printed or written certificates that are damaged in accordance with the laws on archives;

d) Reporting periodically on the situation of receiving, managing, and using blank certificates of the locality to the Land Management General Department before December 25 each year.

3. The Environmental Resource Office in places where the land registration office has not been established shall be responsible for:

a) Preparing plans for the use of blank certificates of the locality and submitting them to the Department of Natural Resources and Environment before October 20 each year;

b) Inspecting the management and use of blank certificates by the land use right registration office at the district level.

4. The land registration office or land use right registration offices at all levels shall be responsible for:

a) Reporting to the environmental resource agency about the need for blank certificates before October 15 each year;

b) Receiving, managing, establishing a record of receipt, distribution, and use of issued blank certificates in the locality;

c) Regularly inspecting the management and use of blank certificates within the unit to ensure consistency between the record and the actual blank certificates being managed and used;

d) Collecting and managing blank certificates, printed or written certificates that are damaged for destruction;

đ) Reporting periodically on the situation of receiving, managing, and using blank certificates to the Department of Natural Resources and Environment every six months before June 20, and annually before December 20 each year.

5. The content and format of the Record of Issuance of Blank Certificates; the Record of Receipt, Distribution, and Use of Blank Certificates; and the Report on the Situation of Receiving, Managing, and Using Blank Certificates shall be in accordance with Model No. 01 attached to this Circular.

Chapter III

CONTENT ON THE CERTIFICATE

Article 5. Recording Information About the Land User and Owner of Immovable Property Attached to the 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:

b) For Vietnamese citizens residing abroad who own houses in Vietnam, and foreign individuals owning houses according to regulations, record "Mr." (or "Mrs."), followed by full name, date of birth, nationality, personal identification document recorded as "Passport No.:..., Issued by:..., Date of Issue:..."; permanent registered address in Vietnam (if applicable);

c) For households using land, record "Household of Mr." (or "Household of Mrs."), followed by full name, date of birth, name and number of personal identification document of the household head as stipulated in Point a Clause of this Article; permanent address of the household. If the household head does not have joint land use rights of the household, record another member of the household who shares the joint land use rights of the household as the representative;

If the household head or another representative of the household has a spouse who also shares joint land use rights of the household, record the full name and date of birth of the spouse;

d) If the land use rights and immovable property attached to the land are jointly owned by a married couple, record the full name, date of birth, name and number of personal identification document, and permanent address of both the husband and wife as stipulated in Points a and b Clause of this Article;

đ) For domestic organizations, record the organization's name; name of the document, number, and date of signature, authority signing the legal document (which is a document on establishment, recognition of the organization or certificate or permit regarding investment, business as prescribed by law); main office address of the organization;

e) For Vietnamese citizens residing abroad and foreign enterprises with foreign capital implementing investment projects in Vietnam, record the name of the economic organization as the legal entity implementing the investment project; name of the document, number, and date of signature, authority signing the legal document (which is a document on establishment or certificate, permit regarding investment, business as prescribed by law); main office address of the organization in Vietnam;

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

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

i) For community groups, record the name of the community group (determined by the community group and confirmed by the People's Committee of the commune) and the address of the common place of activity of the community group.

2. In cases where the land user is not simultaneously the owner of the immovable property attached to the land, the certificate will be issued separately to the land user and separately to the owner of the immovable property attached to the land; the information about the person receiving the certificate shall be recorded according to the following provisions:

a) The certificate issued to the land user shall only record information about the land user as stipulated in Clause 1 of this Article;

b) The certificate issued to the owner of the immovable property attached to the land shall only record information about the owner of the immovable property attached to the land as stipulated in Clause 1 of this Article, followed by "Ownership of property on plot... (record the form of lease, loan,...) of... (record the name of the organization, household, individual leasing, lending,...)".

3. In case there are multiple organizations, households, or individuals jointly using the land and jointly owning immovable property attached to the land, except for cases stipulated in Clause 4 of this Article, the Certificate shall be issued to each organization, household, or individual after determining their respective rights to use the land and ownership of immovable property attached to the land.

On each Certificate, full information about the person receiving the Certificate shall be recorded according to the provisions of Clause 1 of this Article; followed by the phrase "Jointly using the land, jointly owning immovable property attached to the land (or Jointly using the land or Jointly owning immovable property) with..." (list the names of the remaining persons who have joint rights to use the land and ownership of immovable property attached to the land in sequence)".

In case there are multiple organizations, households, or individuals jointly using the land and jointly owning immovable property attached to the land, and they agree in writing to issue one Certificate to a representative (with notarization or certification in accordance with the law) then the Certificate shall be issued to that representative. On the Certificate, information about the representative shall be recorded according to the provisions of Clause 1 of this Article, followed by the phrase "Is the representative for those 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) including:... (list the names of the persons jointly using the land and immovable property attached to the land in sequence)".

In case there are multiple persons jointly using the land and jointly owning immovable property attached to the land listed on page 1 of the Certificate cannot fit, the last line of page 1 shall read "and other persons named in the Notes section of this Certificate"; at the same time, in the Notes section of the Certificate, it shall be recorded: "Other persons jointly using the land (or jointly using the land and owning immovable property attached to the land or jointly owning immovable property attached to the land) including:... (list the names of the remaining persons jointly using the land and immovable property attached to the land in sequence)".

4. In case multiple people inherit the right to use the land and ownership of immovable property attached to the land, and the heirs have a written agreement not to divide the inheritance and request issuance of one Certificate for a representative for the entire area of land and immovable property attached to the land for inheritance purposes, then one Certificate shall be issued to that representative. The written agreement must be notarized or certified in accordance with the law. On the Certificate, information about the representative shall be recorded according to the provisions of Clause 1 of this Article, followed by the phrase "Is the representative for the heirs including:... (list the names of the heirs of the right to use the land and immovable property attached to the land in sequence)".

5. In case a Certificate is issued to the owner of a condominium unit, the Certificate issued to the owner of the condominium unit shall record the name of the owner according to the provisions of Clause 1 of this Article.

Article 6. Displaying information about the plot of land on page 2 of the Certificate

Information about the plot of land shall be displayed on the Certificate for all cases where a Certificate is issued according to the provisions as follows:

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

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

3. Address of the plot of land: Record the name of the area (village, residential point,...); house number, street name (if any), name of the commune, district, province administrative units where the plot of land is located.

4. Area: Record the area of the plot of land in Arabic numerals in square meters (m2), rounded to one decimal place.

In case the plot of land has a condominium building, the Certificate issued to the owner of a condominium unit shall only record the area of land under common use of the condominium owners according to Article 49 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law (hereinafter referred to as Decree No. 43/2014/ND-CP).

5. The form of use shall be recorded as follows:

a) In case the entire area of the plot of land belongs to the use of one land user (one individual or one household, two spouses, one community, one domestic organization, one religious institution, one foreign individual, one overseas Vietnamese,...), record "Private use" in the form of use section;

b) In case the entire area of the plot of land belongs to the use of multiple land users, record "Joint use" in the form of use section;

c) In case the residential plot of land includes a garden or pond, and the recognized residential land area is smaller than the total plot area, and the form of use is both private and joint for different types of land, record "Private use" and the purpose of use, the area of privately used land sequentially; record "Joint use" and the purpose of use, the area of jointly used land sequentially. For example: "Private use: Residential land 120m², perennial crop land 300m²; Joint use: Residential land 50m², annual crop land 200m²".

6. The purpose of land use shall be recorded as follows:

a) The purpose of land use shall be uniformly recorded in the cadastral book with specific names for the following types of land:

- Agricultural land group includes: "Specialized rice cultivation land", "Remaining rice cultivation land", "Rice terrace land", "Other annual crop land", "Perennial crop land", "Production forest land", "Protective forest land", "Special-use forest land", "Aquaculture land", "Salt production land", "Other agricultural land";

- The group of non-agricultural land includes: "Residential land in rural areas", "Residential land in urban areas", "Land for constructing administrative offices", "National defense land", "Security land", "Land for constructing public service organizations", "Land for cultural facilities", "Land for social service facilities", "Land for medical facilities", "Land for educational and training facilities", "Land for sports and physical training facilities", "Land for scientific and technological facilities", "Land for diplomatic facilities", "Land for other public works", "Industrial zone land", "Industrial cluster land", "Export processing zone land", "Commercial and service land", "Non-agricultural production facility land", "Land for mineral resource activities", "Land for construction materials and pottery production", "Transportation land", "Water conservancy land", "Land with historical and cultural relics", "Land with scenic spots and landmarks", "Community activity land", "Public recreation and entertainment land", "Energy project land", "Postal and telecommunications project land", "Market land", "Waste disposal and treatment land", "Other public utility land", "Religious facility land", "Belief facility land", "Cemetery and burial ground land" or "Cemetery and crematorium land" or "Crematorium land" or "Funeral home land", "Special purpose water body land", "Other non-agricultural land".

b) For a plot of land that the State grants, leases, or recognizes the right to use for multiple purposes as specified in Point a of this Clause, all such purposes must be fully recorded.

In cases where a plot of land is used for multiple purposes, including a primary purpose and secondary purposes, the primary purpose must be followed by "(is primary)".

c) In cases where a plot of land is jointly used by multiple individuals for different purposes, each using it for a specific purpose, the Certificate of Land Use Right issued to each individual must record their respective purpose of land use and note "the plot of land is also used for the purpose... (record other purposes of land use remaining) of another person" in the Remarks section of the Certificate.

d) In cases where residential land includes a garden and pond, with part of the area recognized as residential land and the remainder recognized for agricultural land use purposes, record "Residential land" followed by the recognized area, then list each specific purpose of agricultural land use and the corresponding area sequentially.

đ) The determination of the purpose of land use when issuing the Certificate of Land Use Right shall be carried out in accordance with Article 11 of the Land Law and Article 3 of Decree No. 43/2014/NĐ-CP.

7. The duration of land use shall be recorded as follows:

a) In cases where land is granted or leased by the State, the duration shall be recorded according to the decision on granting or leasing land; in cases where the State recognizes the right to use land, the duration recognized according to the laws on land shall be recorded.

b) In cases where land use has a term, record "Duration of land use until the date …/…/…(record the expiration date)”;

c) In cases where the duration of land use is long-term, record “Long-term”;

d) In cases where residential land includes a garden and pond, with the residential land area recognized as part of the plot, record the duration of land use according to each purpose of land use “Residential land: Long-term; Land... (record the name of the purpose of land use according to the current status belonging to the group of agricultural land for the area of garden and pond not recognized as residential land): used until the date.../.../... (record the expiration date)”.

8. The source of land use shall be recorded as follows:

a) In cases where land is granted by the State without payment of land use fee, record “State grant of land without payment of land use fee”;

b) In cases where land is granted by the State with payment of land use fee (including cases of land grant through auction of land use rights; purchase of condominium units and cases where land is transferred by the High-Tech Zone Management Board, Economic Zone Management Board and cases where financial obligations are exempted or reduced), record “State grant of land with payment of land use fee”; 

c) In cases where land is leased by the State with payment made once for the entire lease period (including cases of land lease through auction of land use rights, cases where land is leased by the High-Tech Zone Management Board, Economic Zone Management Board and cases where land use rights are recognized under the form of lease with payment made once and cases where financial obligations are exempted or reduced), record “State lease of land with payment made once”;

d) In cases where land is leased by the State with annual payment (including cases of land lease through auction of land use rights, cases where land is leased by the High-Tech Zone Management Board, Economic Zone Management Board and cases where land use rights are recognized under the form of lease with annual payment and cases where financial obligations are exempted or reduced), record “State lease of land with annual payment”;

đ) In cases where the State recognizes the right to use land and requires payment of land use fee, including households and individuals using land for non-agricultural purposes under the system of land grant with payment of land use fee as stipulated by the laws on land but do not need to pay or are exempted or have reduced financial obligations, record “Recognition of land use right as grant of land with payment of land use fee”;

e) In cases where the State recognizes the right to use land under the system of land grant without payment of land use fee, record “Recognition of land use right as grant of land without payment of land use fee”;

g) In cases where the Certificate of Land Use Right is issued due to division, consolidation, or reissue of the Certificate of Land Use Right without changing the purpose of land use, the source of land use shall be recorded as on the first-issued Certificate of Land Use Right and shall be reflected according to the provisions of this Circular.

In cases where the previously issued Certificate of Land Use Right does not record the source of land use, the source of land use shall be determined and recorded according to the provisions of this Circular based on the land certificate issuance file approved previously and the land laws at the time of issuing the Certificate of Land Use Right.

h) In the case where land use rights are transferred and a Certificate of Land Use Right must be issued to the transferee, record sequentially the form of receiving the transfer right (such as receiving through exchange; receiving through assignment; receiving through inheritance; receiving as a gift; receiving through capital contribution; winning at auction; handling mortgage debt; resolving disputes; resolving complaints and denunciations; implementing court decisions (or judgments); implementing enforcement decisions; ...) followed by the original source of land use as stated on the initial Certificate of Land Use Right and as prescribed in this Circular. Example: "Received assigned land from the State with payment for land use right"In the case of receiving the transfer of land use rights for a different purpose that requires procedures for changing the purpose of land use, record the source of land use according to the forms prescribed in Points a, b, c, and d of this Clause, consistent with the financial obligations to the State after the change in the purpose of land use;”.

i) In the case where the purpose of land use is changed and a Certificate of Land Use Right must be issued, record it as prescribed for the case where the State grants land with payment for land use right (if the land user pays for the change in the purpose of land use); record it as prescribed for the case where the State leases land (if the land user changes to lease land or continues leasing land as before the change in the purpose of land use); record it as before the change in the purpose of land use for the case where the State recognizes the land use right without payment for the change in the purpose of land use and without changing to lease land;

k) In the case of leasing land or subleasing land from an infrastructure investment enterprise in an industrial park, industrial cluster, export processing zone, high-tech park, and economic zone under the form of paying once, record it as "Leasing land with one-time payment from an infrastructure investment enterprise in an industrial park (or industrial cluster, export processing zone, ...)";

l) In the case of a plot of land consisting of multiple areas with different sources of land use, record each type of source and the area with that source sequentially;

m) In the case of being exempted or reduced from financial obligations according to the provisions of the law, record the exemption or reduction on the Certificate of Land Use Right as prescribed in Article 13 of this Circular;

9. In the case where a land user uses multiple agricultural plots and has the need to issue a single Certificate of Land Use Right, it shall be presented as follows:

a) Land use address: present the common address information of the plots, including the name of the field (if any) and the name of the commune, district, and province administrative units;

b) Information about plot number, map sheet number, area, form of use, purpose of use, term of use, and source of land use shall be recorded according to the provisions of Clauses 1, 2, 4, 5, 6, 7, and 8 of this Article in the table below;

c) In the case where a land user uses multiple agricultural plots and cannot be fully displayed on page 2 of the Certificate of Land Use Right, issue another Certificate of Land Use Right for the remaining plots according to the provisions of Point a and Point b of this Clause.

b) Information about plot number, map sheet number, area, form of use, purpose of use, term of use, and origin of land use as prescribed in Clauses 1, 2, 4, 5, 6, 7, and 8 of this Article shall be entered into the table below:

c) In cases where the land user uses multiple agricultural plots that cannot be fully reflected on page 2 of the Certificate, separate Certificates shall be issued for the remaining plots in accordance with Points a and b of this Clause.

Article 7. Displaying information about housing and other assets attached to land on page 2 of the Certificate

1. Assets attached to land recorded on the Certificate are assets that have been formed in reality at the time of issuing the Certificate and belong to the ownership of the person requesting the issuance of the Certificate, except for cases provided for in Article 35 of Decree No. 43/2014/NĐ-CP.

2. In the case where the asset is a single-family house, the following contents shall be recorded as follows:

a) Type of house: record the specific type of house according to the laws on housing. Example: "Single-family house”; “Villa”;

b) Construction area: record the floor area of the house in contact with the ground along the outer wall of the house, using Arabic numerals, in square meters, rounded to one decimal place;

c) Floor area: record using Arabic numerals in square meters, rounded to one decimal place. For a single-story house, record the floor area of the building's ground level. For multi-story houses, record the total floor area of all levels;

d) Form of ownership: record "Private Ownership" for cases where the house belongs to one owner; record "Joint Ownership" for cases where the house belongs to multiple owners; in cases where the house has both private and joint ownership, record each form of ownership and the corresponding area sequentially. Example:Private Ownership 50m2; Joint Ownership 20m2”;

d) House grade: determine and record according to the classification of houses under the laws on housing and construction;

e) Duration of ownership shall be recorded as follows:

- In cases where a house with a limited term is purchased according to the laws on housing, record the date of expiration of the ownership period according to the purchase contract or the provisions of the laws on housing;

- In cases where a house on leased or borrowed land from another land user is owned, record the end date of the lease or borrowing period;

- For other cases without a specified duration, record with the symbol “-/-”.

3. In the case where the asset is an apartment in a condominium, the following contents shall be recorded as follows:

a) Type of house: record "Apartment number...";

b) Name of condominium building: record the name or number of the condominium building or mixed-use building according to the investment project or design approved by the competent authority;

c) Floor area: record the usable floor area of the apartment according to the sales contract;

d) Form of ownership: record "Private Ownership" for cases where the apartment belongs to one owner; record "Joint Ownership" for cases where the apartment belongs to multiple owners; in cases where the apartment has both private and joint ownership, record each form of ownership and the corresponding area sequentially. Example:Private Ownership 50m²; Joint Ownership 20m²”;

d) Duration of ownership shall be recorded as follows:

- In cases where an apartment with a limited term is purchased according to the laws on housing, record the date of expiration of the ownership period according to the purchase contract or the provisions of the laws on housing;

- For other cases without a specified duration, record with the symbol “-/-”;

e) Common facilities outside the apartment: record the names of common facilities outside the condominium apartment and the corresponding areas (if any) that the apartment owner has the right to jointly own with other apartment owners according to the signed purchase or sale contract.

4. In the case where the asset is another construction project, the following contents shall be recorded as follows:

a) Type of project: record the name of the project according to the investment project or detailed construction plan approved, or the investment permit 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 main components listed in the decision approving the project, detailed construction plan approval, construction permit, or investment decision or investment permit issued by the competent authority;

- Construction area: record the floor area of the project in contact with the ground along the outer wall of the project, 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 as prescribed for houses 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 or investment certificate or investment permit. Example: "Thermal power plant: 3,000 MW, stadium: 20,000 seats";

- Form of ownership: record "Private Ownership" for project components belonging to one owner; record "Joint Ownership" for project components belonging to multiple owners; in cases where project components have both private and joint ownership, record "Private Ownership", "Joint Ownership" sequentially in the next rows; simultaneously record the area of private ownership and the area of joint ownership in the corresponding columns under "Construction Area", "Floor Area or Capacity";

- Construction project grade: record according to the laws on construction quality management;

- The duration of ownership of the construction project shall be recorded as follows:

+ In cases where the owner of the project is on leased or borrowed land from another land user, record the end date of the lease or borrowing period;

+ In cases where the project is sold with a limited term, record the end date according to the project sale contract;

+ For other cases without a specified duration, record with the symbol “-/-”;

c) Construction projects attached to land as stipulated in this Clause must be types of construction projects classified according to the laws on construction.

5. In the case where the asset is a production forest, which is a planted forest, the following contents shall be recorded as follows:

a) Type of forest: record the main type of forest trees planted;

b) Area: record the area of the forest under the ownership of the person receiving the Certificate using Arabic numerals in square meters;

c) Origin of establishment shall be recorded as follows:

- In cases where the forest is allocated by the State with payment, record "Allocated by the State with payment";

- In the case where the forest is transferred by the State to households, individuals, or community groups without payment, it shall be recorded as "Transferred by the State without payment";

- In the case where the forest is planted by the applicant with their own funds that do not originate from the state budget, it shall be recorded as "Self-planted forest";

- In the case where the forest has multiple origins for different portions of its area, each type of origin and the corresponding forest area shall be sequentially recorded;

d) Form of ownership: record "Private ownership" for cases where the forest belongs to one owner; record "Joint ownership" for cases where the forest belongs jointly to multiple owners; in cases where part of the area belongs to private ownership and another part to joint ownership, it shall be recorded as "Private ownership... m2; joint ownership... m2";

đ) Ownership term: applicable in cases of selling forests with a term limit or where the forest owner plants trees on leased or borrowed land from other land users; the information provided shall be the date of the end of the sale, lease, or borrowing period. For all other cases without a defined term, it shall be marked as "-/-".

6. In the case of long-term crops as assets, the following contents shall be recorded according to the provisions:

a) Type of crop: record the type of long-term crop planted; in cases of mixed planting of multiple types of long-term crops, record the main types of long-term crops planted in sequence;

b) Area: record the area of long-term crops under the ownership of the certificate holder using Arabic numerals in square meters;

c) Form of ownership: record "Private ownership" for cases where the long-term crop garden belongs to one owner; record "Joint ownership" for cases where the long-term crop garden belongs jointly to multiple owners; in cases where part of the area belongs to private ownership and another part to joint ownership, it shall be recorded as "Private ownership... m²; joint ownership... m²”;

d) Ownership term: applicable in cases of selling long-term crops with a term limit or where the long-term crop owner plants crops on leased or borrowed land from other land users; the information provided shall be the date of the end of the sale, lease, or borrowing period. For all other cases without a defined term, it shall be marked as "-/-".

7. In the case where a condominium building belongs to one owner, a single Certificate of Ownership shall be issued for the entire condominium building and shall be recorded as stipulated in Clause 2 of this Article, wherein the type of housing shall be recorded as "Condominium".

In the case where a condominium building has a mixed purpose, including a portion for residential apartments and another portion for commercial, service, or office purposes, and belongs to one owner, a single Certificate of Ownership shall be issued for the entire mixed-use building and shall be recorded as stipulated in Clause 4 of this Article.

In the case where a portion of a condominium building (some apartments, offices, commercial facilities, service facilities) belongs to one owner, the asset type shall be recorded as "Mixed-use building"; followed by the name of the condominium building and detailed information about each apartment, commercial facility, service facility, and office in the table below:

8. In the case where a plot of land includes both housing, construction works, and long-term crop gardens owned by the same owner, and the housing and construction works consist of various components, the specific contents for each asset shall be recorded according to the provisions of Clauses 2, 4, and 6 of this Article in the table below:

In the case of long-term crops as assets, the columns "Floor area or capacity", "Classification level" shall be marked as "-/-".

In the case where all assets cannot be fully recorded on page 2 of the Certificate of Ownership, additional Certificates of Ownership shall be issued to record the remaining assets; from the second Certificate of Ownership onwards, detailed information about the plot of land as recorded in point "1. Plot of land" shall be recorded as "Information about the plot of land being used is shown on the Certificate of Ownership with serial number..." (record the serial number of the first Certificate of Ownership)..

9. In the case where at the time of issuing the Certificate of Ownership, the plot of land does not have any fixed assets attached to the land or has fixed assets but the land user (who is also the owner of the asset) does not have a need to certify the ownership of the asset, or the fixed assets belong to someone else, or there is a request to certify the ownership of the asset but the conditions for certification are not met, the section recording fixed assets on page 2 of the Certificate of Ownership shall be marked as "-/-". Example:

"2. Housing:           "                         -/-

"3. Other construction works: "    -/-

"4. Production forest is planted forest:" -/-

"5. Long-term crops:"                            -/-”.

Article 8. The content of the Certificate of Land Use Right shall be reflected in cases where a plot of land has a portion of land area and attached assets shared among many people and another portion of land area and attached assets belonging to each individual without separating them into separate plots.

1. In cases where a person has exclusive rights to a part of the plot area, owns exclusively a part of the attached assets, and has joint rights to another part of the plot area, and joint ownership of another part of the attached assets, the Certificate of Land Use Right issued to that person shall be recorded as follows:

a) Information about the person receiving the Certificate of Land Use Right shall be recorded on page 1 of the Certificate of Land Use Right in accordance with Clause 1, Article 5 of this Circular;
b) Information about the plot of land and attached assets shall be recorded on page 2 of the Certificate of Land Use Right in accordance with Article 6 and Clauses 1, 2, 3, 4, 5, and 6 of Article 7 of this Circular, wherein:

- Land area used: record the total land area that the person receiving the Certificate of Land Use Right has exclusive rights to and jointly uses with others. The form of land use shall record the exclusive land area in the exclusive use section and the joint land area in the joint use section;

- Area of assets (including construction area, floor area): record the total asset area that the person receiving the Certificate of Land Use Right has exclusive ownership of and jointly owns with others. The form of asset ownership shall record each form and area of exclusive ownership and joint ownership as stipulated in Point d, Clause 2, Point d, Clause 3, Point b, Clause 4, Point d, Clause 5, and Point c, Clause 6 of Article 7 of this Circular.

In cases where the attached assets include multiple types or different categories, some of which belong to exclusive ownership and some to joint ownership, a table shall be established as prescribed in Clause 8, Article 7 of this Circular to list information about each asset or category of assets as shown in the following example:

c) At the Note point on page 2 of the Certificate of Land Use Right, the names of those who jointly use the shared land area; and the names of those who jointly own the shared attached assets shall be recorded. For example: "Jointly using the shared land area (30m2) with Mr. Nguyen Van B and Mrs. Nguyen Thi C"; Jointly using the shared land area (30m2) and jointly owning the Warehouse (20m2 floor area) with Mr. Nguyen Van B and Mrs. Nguyen Thi C".

2. In cases where a person has joint rights to a part of the plot area and joint ownership of a part of the attached assets but does not have exclusive rights to the land area or exclusive ownership of the assets, the Certificate of Land Use Right issued to that person shall be recorded in accordance with Article 5, Article 6, and Clauses 1, 2, 3, 4, 5, and 6 of Article 7 of this Circular and the following provisions:

a) Land area used: only record the part of the land area that the person receiving the Certificate of Land Use Right jointly uses with others according to the joint use form;

b) Area of assets (including construction area, floor area): only record the part of the asset area that the person receiving the Certificate of Land Use Right jointly owns with others according to the joint ownership form.

Article 9. Content of the Certificate of Ownership in cases where immovable property attached to land is located on multiple plots of land belonging to different users

1. In cases where immovable property attached to land is located on multiple plots of land belonging to different users, and those users are also joint owners of such immovable property, the Certificate of Ownership shall be issued for each user and recorded as follows:

a) Information about the certificate holder shall be recorded according to Clause 1, Article 5 of this Circular;

b) Information about the plot of land of the certificate holder shall be recorded according to Article 6 of this Circular;

c) Information about the entire immovable property located on adjacent plots of land that the certificate holder jointly owns with others shall be recorded according to Clauses 1, 2, 3, 4, 5, 6, and 7, Article 7 of this Circular; the area of the immovable property attached to land shall be recorded according to the form of joint ownership.

On the note section on page 2 of the Certificate of Ownership, it shall be recorded "Jointly owned with..." (record the type of jointly owned property) with... (record in sequence the names of other joint owners of the property)”.

2. In cases where immovable property attached to land is located on multiple plots of land belonging to different users, but the immovable property on those plots belongs to another person, it shall be recorded as follows:

a) The Certificate of Ownership issued to the land user shall record information about the land user and information about their plot of land according to Clause 1, Article 5 and Article 6 of this Circular; information about the immovable property attached to land shall be marked with "-/-";

b) The Certificate of Ownership issued to the owner of the immovable property shall record information about the owner of the immovable property according to Point b, Clause 2, Article 5 of this Circular.

Information about leased (or borrowed, etc.) plots of land shall be recorded as follows:

- Land use address: show the common address information of the plots of land, including the name of the commune, district, province administrative units;

- Information about plot number, map sheet number, area, purpose of use, duration of use, origin of land use shall be shown according to Article 6 of this Circular in the table below:

Information about the entire immovable property located on adjacent plots of land belonging to the owner of the Certificate of Ownership shall be recorded according to Clauses 1, 2, 3, 4, 5, 6, and 7, Article 7 of this Circular.

Article 10. Content of the Certificate of Ownership in cases where a plot of land of a single user is used for a single purpose across multiple administrative units

1. In cases where a plot of land falls within the scope of multiple commune-level administrative units, each portion of the area within the scope of each commune-level administrative unit shall be determined as a plot of land to be recorded in the Certificate of Ownership.

2. In cases where a plot of land falls under the authority of a single agency to issue the Certificate of Ownership, a single Certificate of Ownership shall be issued to reflect all plots of land specified in Clause 1 of this Article as follows:

a) Information about each plot of land shall be recorded according to Article 6 of this Circular in the following table:

b) Information about immovable property attached to land shall be reflected according to Article 7 of this Circular in the following table:

In which, in the column "Type of Property," additional notes on the location of the property "(Located in commune...)" shall be made; if a component of the immovable property spans multiple commune-level administrative units, then the area of the property on each commune-level administrative unit must be identified and separately reflected.

3. In cases where a plot of land spanning multiple commune-level administrative units falls under the authority of different agencies to issue the Certificate of Ownership, each plot of land shall be recorded in separate Certificates of Ownership and reflect information about the plot of land and immovable property attached to land according to Articles 6 and 7 of this Circular.

Article 11. Content to be reflected in the Note on the Land Certificate

1. In cases where the land allocation decision, land lease decision, change of land use purpose decision, extension of land use period decision, contract, or other documents concerning land use rights as prescribed by the Law on Land; documents concerning ownership of immovable property attached to land as stipulated in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP contain limitations on land use rights or ownership of immovable property attached to land, such limitations shall be recorded according to those documents.

2. In cases 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 with boundary markers, it shall be noted as "The plot of land falls within the safety protection zone of the construction project..." (name of the construction project with the safety protection zone)"; or noted as "The plot of land has ... square meters of land falling within the safety protection zone of the construction project..." for cases where only part of the plot of land falls within the safety protection zone of the construction project.

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

4. The contents of the notes in other cases shall be recorded according to the provisions of Clause 3, Article 5, Point c, Clause 6, Article 6, Point c, Clause 1, Article 8, Point c, Clause 1, Article 9, and Article 13 of this Circular.

Article 12. Plot Plan, House Plan, and Other Immovable Property Plans Attached to Land on the Land Certificate

1. The plot plan shall be presented as follows:

a) The plot plan shall include the following information:

- Shape of the plot, length of each side of the plot;

- Plot number or name of adjacent structures, north-south direction indicators;

- Boundary lines and boundary markers for land use planning, boundary lines and boundary markers for safety protection zones of construction projects on the plot of land being certified, indicated by dashed lines with dots, accompanied by notes specifying the type of boundary lines and markers;

- In cases where the plot of land is consolidated from multiple plots with different origins or usage periods, or includes parts of land used individually by one person and parts used jointly by multiple people, the boundaries between these parts of land shall be indicated by dashed lines with dots, accompanied by notes explaining the purpose of the boundary lines.

In cases where there is a residential building on the land and the common land area used by apartment owners is part of the plot of land, the boundaries of the common land area must be indicated;

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

- Issuing a single Land Certificate for multiple agricultural plots;

- Land for construction along a line. For example:Road for traffic, power transmission lines, water supply lines constructed by organizations under the Build-Operate-Transfer model”.

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

a) The house plan and plans of other immovable property attached to land shall be shown by continuous dashed lines on the plot plan at positions corresponding to actual locations; in cases where the boundaries of houses or other immovable property coincide with the plot boundaries, they shall be shown according to the plot boundaries;

b) The house plan (excluding apartment units) and construction project plans shall show the construction boundary limits (the area occupied at ground level along the outer wall);

c) In cases of apartment units, the floor plan of the apartment building containing the unit shall be shown, including the position and shape of the floor plan according to the outer walls of the unit (without showing individual rooms within the unit), entrance door symbols (arrows), and dimensions of the unit's sides;

d) In cases of supplementary or changed registration of immovable property attached to land on the Land Certificate, the plan of the immovable property shall be supplemented or revised accordingly and stamped with confirmation by the Land Registration Office, Branch of the Land Registration Office, or the Land Use Right Registration Office. If the supplementary or changed registration of immovable property cannot be added or revised on page 3 of the Land Certificate, it shall be recorded on the Supplementary Page of the Land Certificate or a new Land Certificate issued if the land user or owner of the immovable property requests it.

3. The size of the plan displayed on the Land Certificate shall be based on the specific size and area of each plot of land and immovable property attached to land to ensure appropriate presentation.

In cases where the plot of land or immovable property attached to land has a large area or complex shape, with many construction projects that cannot be fully displayed on page 3, the entire page 3 shall be used to appropriately display the plan.

The format and content of the plot plan and plans of immovable property attached to land are specifically guided in Appendix No. 02 issued together with this Circular.

Article 13. Recording the Content of Debts, Exemptions, and Reductions of Financial Obligations

1. The recording of debts, exemptions, and reductions of financial obligations shall be reflected in the Notes section on page 2 of the Certificate; the certification of debt cancellation shall be reflected in Section "IV. Changes After Issuing the Certificate" of the Certificate.

In cases where the recording of debts, exemptions, and reductions of financial obligations cannot be reflected in the Notes section, it shall be reflected in Section "IV. Changes After Issuing the Certificate" of the Certificate; the Land Registration Office or its Branch or the Land Use Right Registration Office shall record the date, sign, stamp, and write the name and position of the person signing in the column "Confirmation by the Competent Authority".

2. The content of recording debts, debt cancellations, exemptions, and reductions of financial obligations shall be recorded as follows:

a) In cases where a debt for financial obligations is recorded when issuing the Certificate and the amount of the debt has been determined according to the provisions of the law, it shall be recorded as "Debt... ((record the amount of the financial obligation owed, the amount of the debt in figures and words) according to... (record the name, number, date of signature, and authority issuing the document determining the amount of the debt)”.

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

b) In cases where the debt is canceled, it shall be recorded as "Debt Cancellation... (record the amount of the financial obligation canceled) according to... (record the name, number, date of signature, and authority issuing the document regarding the debt cancellation)”.

In cases where the financial obligation has been fully paid, it shall be recorded as "Financial Obligation Completed According to... (record the name, number, date of signature, and authority issuing the payment receipt)”;

c) In cases where the State grants land with payment for land use rights and the payment for land use rights is exempted, it shall be recorded as "Exempted from Payment for Land Use Rights According to... (record the name, number, date of signature, and authority issuing the document determining the exemption from payment))”.

In cases where the payment for land use rights is reduced, it shall be recorded as "Reduced Payment for Land Use Rights... (record the amount or percentage of reduction) according to... (record the name, number, date of signature, and authority issuing the document determining the reduction in payment)”;

d) In cases where the State leases land and the payment for land lease is exempted throughout the lease period, it shall be recorded as "Exempted from Payment for Land Lease According to... (record the name, number, date of signature, and authority issuing the document determining the exemption from payment)”.

In cases where the payment for land lease is reduced, it shall be recorded as "Reduced Payment for Land Lease... (record the amount or percentage of reduction and the number of years of reduction if applicable) according to... (record the name, number, date of signature, and authority issuing the document determining the reduction in payment)”.

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 issuing authority is the Provincial People's Committee or District People's Committee, it shall be recorded as follows:

TM. PROVINCIAL PEOPLE'S COMMITTEE... (record the name of the administrative unit authorized to issue the certificate)

CHAIRMAN

Signature and stamp of the People's Committee and the name of the person signing;

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. PROVINCIAL PEOPLE'S COMMITTEE... (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 person signing;

d) In cases where the Department of Natural Resources and Environment signs and issues the Certificate within its authority, it shall be recorded as follows:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT... (record the name of the provincial administrative unit)

DIRECTOR

Signature and stamp of the Department of Natural Resources and Environment and the name of the person signing.

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 Certificates issued by the District People's Committee, record the letters "CH", followed by the serial number in the issuance register, consisting of five digits and continuing the serial number of the Certificate already issued according to Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Minister of Natural Resources and Environment on the Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land (hereinafter referred to as Circular No. 17/2009/TT-BTNMT);

b) For Certificates issued by the Provincial People's Committee or the Department of Natural Resources and Environment, record the letters "CT", followed by the serial number in the issuance register consisting of five digits established according to each provincial administrative unit and continuing the serial number of the Certificate already issued according to Circular No. 17/2009/TT-BTNMT.

In cases where the Department of Natural Resources and Environment issues Certificates for households, individuals, community groups, and overseas Vietnamese owning houses in Vietnam, record the letters "CS", followed by the serial number in the issuance register consisting of five digits established according to the commune administrative unit together with the serial number system for Certificates issued by the District People's Committee as stipulated in Point a Clause of this Article.

Article 15. 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 issuance file of the Certificate; the content of the barcode consists of a series of positive integers structured as MV = MX.MN.ST, where:

In cases where the issuance of the Certificate falls within the jurisdiction of the provincial People's Committee, the code of the province or centrally-administered city shall be added before the commune, ward, or town code according to regulations.

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) ST is the storage number of the land registration procedure file corresponding to the first-issued Certificate according to the land registry file regulations of the Ministry of Natural Resources and Environment.

In cases where a registration file is recorded on one Certificate but does not fit, it must be recorded on multiple Certificates to be issued according to Point c Clause 9 Article 6 and Clause 8 Article 7 of this Circular, these Certificates shall share the same storage number of the land registration procedure file.

Article 16. Model and Font Size on the Certificate

1. The style and font size on the Certificate shall be implemented 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 content of Sections I, II, III, IV on the Certificate shall be printed in the 'Times New Roman, Regular' font, with a minimum font size of '12'; specifically, the name of the land user and owner of attached assets in Section I shall be printed in 'Bold' font, with a minimum size of 13.

2. The color of the characters and numbers on the Certificate shall be black.

Chapter IV

CONFIRMATION OF CHANGES IN THE CERTIFICATE AND COPIES, SCANS OF THE CERTIFICATE

AND COPY, SCAN THE CERTIFICATE

1. The cases of confirmation of changes in the issued Certificate to be handed over to the land users and owners of attached assets when registering land and attached asset changes include:

a) Receiving the right to use the entire land area, ownership of all attached assets already certified in cases of conversion, transfer, inheritance, gift, capital contribution; successful mediation regarding land disputes recognized by the competent People's Committee; agreement in mortgage contracts for debt resolution; administrative decisions of state agencies regarding land dispute resolution, complaints, and lawsuits concerning land, decisions or judgments of the People's Court, enforcement decisions of enforcement agencies that have been executed; legal recognition documents of auction results for land use rights; b) Transferring the right to use part of the land area or part of the attached assets already certified to another person in cases stipulated in Point a of this Clause or transferring the right to use one or several plots of land among jointly certified plots, the transferring party shall be confirmed in the issued Certificate;

c) Converting the land use rights and ownership of houses and other attached assets of a spouse into joint land use rights and joint ownership of both spouses;

d) Registering mortgages, canceling mortgage registrations, changing mortgage contents using existing or future land use rights and attached assets;

đ) Investors receiving land from the State for investment in infrastructure development in industrial zones, industrial clusters, export processing zones, economic zones, high-tech parks shall register for leasing or subleasing land; cancel leasing or subleasing registrations;

e) Households or individuals establishing private enterprises or vice versa; converting companies; splitting, merging, or consolidating businesses not involving the transfer of land use rights or ownership of attached assets;

g) Land users and owners of attached assets being permitted to change names, legal entity information, personal information, or addresses;

i) Changing restrictions on land users' rights or attached asset owners' rights;

k) Changing financial obligations recorded on the Certificate;

l) Changing attached assets recorded on the Certificate; supplementing attached assets onto the issued Certificate;

m) Changing information such as plot number, plot area measured, administrative unit name where the plot is located;

n) Changing land use purposes;

o) Changing the duration of land use;

p) Changing from the State leasing land with annual rent payments to leasing land with lump-sum payments for the entire lease period; from the State granting land without land use fee payments to leasing land; from leasing land to granting land with land use fee payments according to the law on land;

q) Establishing, changing, or terminating restricted land use rights of adjacent plots;

r) The State recovering part of the area of a plot that has been certified;

s) Correcting errors in the content of the issued Certificate due to mistakes during writing or printing;

t) A Certificate issued jointly for multiple plots, where one plot is separated to issue a separate Certificate.

2. The cases of registering land and attached asset changes that result in the issuance of a new Certificate include:

a) Consolidating multiple plots into one new plot; dividing one plot into multiple new plots in accordance with the law;

c) Lessees or sublessees of land use rights from investors who have received land from the State for investment in infrastructure development in industrial zones, industrial clusters, export processing zones, economic zones, high-tech parks.

c) The lessee or sublessee of the land use right from the investor who has been granted land use rights or leased land by the State for investment in constructing infrastructure in industrial zones, clusters of industrial zones, export processing zones, economic zones, and high-tech zones;

d) In the case of transferring the right to use part of the land area and attached assets on the issued Certificate of Land Use Right;

đ) Agreement for consolidation or division of land use rights and attached assets of a household, husband and wife, or a group of co-owners and users;

e) Supplemental certification of ownership of attached assets on the land plot that has been issued with a Certificate of Land Use Right;

h) The issued Certificate of Land Use Right is damaged or lost;

i) Cases of registration of changes in land use rights and ownership of attached assets where there is no blank line left on page 4 of the issued Certificate of Land Use Right to confirm the change;

k) Cases of registration of changes in land use rights and ownership of attached assets as stipulated in Points a, b, e, g, h, l, m, n, and r Clause 1 of this Article, where the land user or owner of attached assets requests issuance of a new Certificate of Land Use Right;

Article 18. Content of Confirmation of Changes in Issued Certificate of Land Use Right

The content of confirmation of changes shall be recorded in the column "Content of Changes and Legal Basis" on the Certificate of Land Use Right in the following cases:

1. In the case of transferring land use rights and ownership of attached assets, it shall be recorded as follows:

a) In the case of transferring full land area use rights and full ownership of attached assets through one of the forms prescribed in Point a Clause 1 Article 17 of this Circular, it shall be recorded in sequence as follows: form (or basis) of transfer; name and address of the transferee according to Article 5 of this Circular (hereinafter referred to as the name and address of the transferee); file number of land registration procedures and attached asset registration according to the regulations on land records of the Ministry of Natural Resources and Environment (hereinafter referred to as the file number of registration procedures).

Example: "Transferred to Mr. Nguyen Van A ID No. 020908673 and his wife Mrs. Nguyen Thi B, ID No. 020908675, address at No. 65 Le Loi Street, Phuong Mai Ward, Dong Da District, Hanoi; according to file No. 010656.CN.001";

- "To inherit to Mr. Tran Van C, ID No. 020908683 and his wife Mrs. Nguyen Thi D, ID No. 020908685, address at No. 65 Le Loi Street, Phuong Mai Ward, Dong Da District, Hanoi; according to file No. 010675.TK.002";

- "Transfer of rights according to the mortgage contract to settle debts to Mr. Nguyen Van A, ID No. 020908673 and his wife Mrs. Nguyen Thi B, ID No. 020908675, address at No. 65 Le Loi Street, Phuong Mai Ward, Dong Da District, Hanoi; according to file No. 010656.CQ.003";

b) In the case of transferring partial land area use rights and partial attached assets in the cases prescribed in Point b Clause 1 Article 17 of this Circular, on the Certificate of Land Use Right of the transferor, it shall be recorded in sequence as follows: form (or reason) of transfer; type of transferred asset; name and address of the transferee; transferred area and plot number after division for transfer; registration file number; remaining area and plot number after division not transferred.

Example: "Transferred land use rights to Mr. Nguyen Van A, ID No. 020908673, address at No. 65 Le Loi Street, Phuong Mai Ward, Dong Da District, Hanoi, area 70m2, plot number 203; according to file No. 010678.CN.001; remaining area 150m2, plot number 204";

c) In the case where the issued Certificate of Land Use Right covers multiple plots of land and the land user transfers the use rights of one or more plots, on the Certificate of Land Use Right of the transferor, it shall be recorded in sequence as follows: form (or reason) of transfer; plot number of transferred land; name and address of the transferee; registration file number.

2. In the case where the developer builds an apartment building for sale or sale combined with lease and has been issued a Certificate of Land Use Right, when processing the transfer of rights to the first apartment buyer, the issued Certificate of Land Use Right for the developer shall be recorded as "Land plot converted to common use"; if the land plot for the apartment building includes a portion under the common use of the apartment buyers and another portion under the developer's use as prescribed by law, it must be surveyed and divided into separate plots to issue Certificates of Land Use Right.

In the case where the Developer's Certificate of Land Use Right has certified ownership of apartment units, when the developer transfers ownership of an apartment unit, the Developer's Certificate of Land Use Right shall be additionally recorded as "Sold apartment number... according to file number..." (record the registration file number)”.

3. In the case of canceling the registration of capital contribution by land use rights and attached assets, it shall be recorded as "Cancel the registered capital contribution on... / ... / ..." (record the date of previous capital contribution registration); according to file number... (record the registration file number)”.

4. In the case of transferring the land use rights and ownership of attached assets of a spouse to joint ownership of both spouses, it shall be recorded as "Transfer of... (record the type of asset being transferred) of... (record the name of the husband or wife who transferred the rights) to joint ownership of Mr... and his wife Mrs... (record the name and address of both spouses) according to file number... (record the registration file number)”.

5. In the case of registering mortgage, canceling mortgage registration, or changing the content of mortgage registration by land use rights and attached assets, it shall be recorded as follows:

a) In the case of mortgaging by land use rights and attached assets, it shall be recorded as "Mortgage by... (record the name of the mortgaged asset which is land use rights or attached assets or both, or future attached assets) at... (record the name and address of the mortgagee) according to file number... (record the registration file number)”;

b) In the case of changing the content of mortgage registration by land use rights and attached assets, it shall be recorded as "The content of the registered mortgage on... / ... / ... has changed... (record the specific content of the mortgaged asset before and after the change) according to file number... (record the registration file number)”;

c) In the case of canceling mortgage registration by land use rights and attached assets or future attached assets, it shall be recorded as "Cancel the registered mortgage on... / ... / ... (record the date of previous mortgage registration) according to file number... (record the registration file number)”.

6. In the case where an infrastructure enterprise invests in industrial zones, clusters, export processing zones, economic zones, high-tech areas, leases or subleases land, on the Certificate of the infrastructure enterprise shall be recorded "Leased to... (or subleased to...) (record the name and address of the lessee, sublessee) lease (or sublease) plot (or lot) number... with area... m2; according to file number... (record the registration file number)”.

In the case of terminating the lease or sublease of land, the Certificate issued to the lessee shall be revoked; the Certificate of the infrastructure enterprise shall record: "Registration for lease or sublease of land use rights has been canceled on.../.../... according to file number... (record the file code of the registration procedure).

7. In the case where the land user or the owner of attached assets changes their name, information on legal entity papers, personal identity, or address, it shall be recorded "Land user (or owner of attached assets)... (specifically record the change: name change, ID card change, Investment Certificate change,... address) from... to... (record the information before and after the change) according to file number... (record the registration file number)”.

In the case of converting a household or individual land user to a household or individual economic organization or changing the business form without transferring land use rights or ownership of attached assets, it shall be recorded "Land user (or Owner of attached assets) changed name to... (record the name and legal entity papers before and after the conversion) due to... (record the form of establishment or conversion of the enterprise) according to file number... (record the registration file number)”.

8. In the case of changing the area due to natural erosion of part of the plot, it shall be recorded "Natural erosion... m2 according to file number... (record the registration file number)"; in the case of total erosion of the entire area of the plot on the Certificate issued for multiple plots, it shall be recorded "Natural erosion of the entire plot number... according to file number... (record the registration file number)”.

9. In the case of changing the plot number, it shall be recorded "Plot number changed to... due to... (record the reason for the change)"; changing the page number of the cadastral map shall be recorded "New page number of the cadastral map is... due to... (record the reason for the change)"; changing the plot area due to re-measurement shall be recorded "Re-measured plot area is... m2".

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 "Changed commune (or ward, town, district,...) name to... (record the new name of the administrative unit)”.

10. In the case of changing the purpose of land use, it shall be recorded "Changed land use purpose from... to... (record the purpose of use before and after the change) according to Decision number..., date.../.../..., file number... (record the registration file number).

In the case of changing the purpose of use of part of the plot, the plot shall be divided and new Certificates shall be issued for each new plot after division.

11. In the case of extending the land use period, it shall be recorded "Extended land use until.../.../..., according to file number... (record the registration file number)”.

In the case of agricultural land of households or individuals directly engaged in agriculture, forestry, aquaculture, and salt production continuing to use the land, it shall be recorded "Continued land use until.../.../...".

12. In the case of changing from a state land lease form to a land grant form with payment or changing from a state annual land lease form to a lump-sum payment for the entire lease period or from a state land grant form without land use fee to a lease form, it shall be recorded "Changed land use form from... to... (specifically record the land use form before and after the change) from.../.../..., according to file number... (record the registration file number)”.

13. In the case of establishing, changing, or terminating restricted land use rights of adjacent plots, it shall be recorded as follows:

a) In the case of establishing restricted land use rights of adjacent plots, on the Certificate of the party receiving the restricted right shall be recorded "Granted the right... (record the content of the restricted use right) on plot number... according to... (record the name of the document establishing the right to use the restricted area) on.../.../...".

On the Certificate of the party granting the restricted use right shall be recorded "The user of plot number... is granted... (record the content of the restricted use right) on plot... (record the plot number of the party granting the restricted use right) according to... (record the name of the document establishing the right to use the restricted area) on.../.../...";

b) In the case of changing the restricted land use rights of adjacent plots, on the Certificates of the related parties shall be recorded "The restricted land use rights of adjacent plots registered on.../.../... have been changed... (record the content of the change) according to... (record the name of the document regarding the change in the restricted right) on.../.../...";

c) In the case of terminating the restricted land use rights of adjacent plots, on the Certificates of the recipient and the party granting the restricted use right shall be recorded "The restricted land use rights of adjacent plots registered on.../.../... have been terminated... (record the content of the change) according to... (record the name of the document regarding the change in the restricted right) on.../.../...".

14. In the case of changing the content of restrictions on land use rights and attached assets already recorded on the Certificate, it shall be recorded "Restriction on... (record the content of the restriction that has changed) has been changed... (record the content of the change or cancellation of the restriction) according to file number... (record the registration file number)”.

15. In the case of changing or supplementing attached assets, it shall be recorded as follows:

a) In the case of changing the attached assets already recorded on the Certificate (such as changing the function, area, form of ownership, duration of ownership,...), it shall be recorded “... (record the name of the asset recorded on the Certificate that has changed) has been changed... (record the information before and after the change) according to file number... (record the file code of the registration procedure)”;

b) In the case of adding additional attached assets, it shall be recorded "Certified supplementary ownership of... (record each piece of information about the additional asset certified according to Article 7 of this Circular)”.

In the case where the land user voluntarily donates part of the area of a plot that has been issued a Certificate for public roads, irrigation works, or other public facilities, the issued Certificate shall be recorded "Donated... m2 for... (public road or irrigation work or other public facility) according to... (record the name and date of the document on the donation of land); remaining area is... m2".

17. In case the Certificate has been found to have errors or mistakes in the information contained therein, it shall be recorded as follows: "Content... (record the erroneous content) with errors, is corrected to be... (record the corrected information) according to the inspection report dated... of... ".

1. The authority to confirm changes in the issued Certificate shall be carried out as follows:

a) In cases of changes as stipulated in Clause 1 of Article 17 of this Circular and not falling under the circumstances specified in Point b of this Clause, the confirmation shall be made by the Land Registration Office or Branch of the Land Registration Office within their jurisdiction as decided by the People's Committee of the province.

For places where the Land Registration Office has not yet been established, the Land Use Right Registration Office shall continue to perform the confirmation in the issued Certificate according to its assigned functions and tasks prior to the effective date of this Circular.

2. The authority specified in Clause 1 of this Article shall record the date; sign, stamp, and record the name and position of the signer in the column "Confirmation by the competent authority".

Article 20. Pages of the Certificate reflecting the content of changes

1. Pages 3 and 4 of the Certificate shall be used to confirm changes in cases as stipulated in Clause 1 of Article 17 of this Circular, except for the cases specified in Clause 2 of this Article.

2. The supplementary pages of the Certificate as stipulated in Point d of Clause 1 of Article 3 of this Circular shall be used to confirm changes in the following cases:

a) Registering mortgage, changing registered content, or canceling the registration of mortgage by land use right or ownership of immovable property attached to the land;

b) Leasing, subleasing land, or canceling leasing, subleasing land of infrastructure investment enterprises in industrial parks, clusters of industrial zones, export processing zones, high-tech zones, economic zones;

c) Transferring land use right, ownership of condominium units for cases where enterprises invest in building houses for sale or sale combined with lease when the Certificate has been issued jointly for condominium units that have not yet been sold;

d) Displaying the diagram of immovable property attached to the land as stipulated in Point d of Clause 2 of Article 12 of this Circular.

3. When using supplementary pages 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 authority confirming as stipulated in Article 19 of this Circular); note: "This Certificate is accompanied by Supplementary Page number: 01,..." at the end of page 4 of the Certificate; record the number of supplementary pages issued in the note column of the Issuance Book of the Certificate.

Article 21. Confirmation of Changes for Certificates Already Issued According to Old Formats

Land Use Right Certificate, House Ownership Certificate and Land Use Right Certificate, House Ownership Certificate, Construction Project Ownership Certificate issued before December 10, 2009 (the date on which Decree No. 88/2009/NĐ-CP of the Government on issuing Certificates of Land Use Rights, House Ownership and Attached Assets came into effect) shall be subject to confirmation of changes as provided for in Clause 1 of Article 17 of this Circular if there are changes as stipulated. Such confirmation shall be made according to the provisions of Articles 18, 19, and 20 of this Circular.

Article 22. Copying and Scanning of Certificates for Record Keeping

Before delivering the Certificate to the recipient, the Land Registration Office, Branch of the Land Registration Office, or Land Use Right Registration Office shall copy or scan the Certificate according to the following regulations:

1. The Certificate that has been signed and issued or confirmed with changes shall be scanned for record keeping in the land database.

2. In areas where the land database has not yet been established, a copy (in the form of an exact copy of the original, stamped by the Land Registration Office, Branch of the Land Registration Office, or Land Use Right Registration Office) must be kept in the cadastral file.

3. If the Certificate contains information about ownership of houses, construction projects, or planted production forests, and the area has not yet completed the establishment of a land database connected to local state management agencies for construction, housing, and agriculture, then an additional copy shall be made according to the provisions of Clause 2 of this Article and sent to the relevant state management agency for managing the type of asset certified for management purposes.

Article 23. Public Disclosure of Cases Where Overseas Vietnamese and Foreign Individuals Own a House in Vietnam

1. The Land Registration Office, Land Use Right Registration Office shall be responsible for compiling a list of overseas Vietnamese and foreign individuals who have purchased houses attached to land use rights already issued with Certificates, and sending it to the Ministry of Construction and the Ministry of Natural Resources and Environment within five working days from the date of delivering the Certificate to the recipient.

2. The National Land Management Agency shall be responsible for consolidating and publicly announcing the list of overseas Vietnamese and foreign organizations and individuals owning houses in Vietnam on the website of the Ministry of Natural Resources and Environment.

3. The Land Registration Office and its branches, Land Use Right Registration Office, and other related agencies when processing notarization, certification of contracts or documents transferring house ownership and issuing Certificates to recipients who are overseas Vietnamese or foreign individuals eligible to own a house in Vietnam, must check the information about the ownership situation of these subjects on the website of the Ministry of Natural Resources and Environment.

Chapter V

IMPLEMENTING PROVISIONS

Article 24. Effectiveness and Transitional Provisions

1. This Circular shall take effect from July 5, 2014.

2. This Circular replaces Circulars: Circular No. 17/2009/TT-BTNMT; Circular No. 20/2010/TT-BTNMT dated October 22, 2010 issued by the Minister of Natural Resources and Environment on additional provisions regarding Land Use Right Certificate, Ownership Certificate of Housing and Other Assets Attached to Land; Circular No. 16/2011/TT-BTNMT dated May 20, 2011 issued by the Minister of Natural Resources and Environment on amending and supplementing certain contents related to administrative procedures in the field of land.

3. The blank Land Use Right Certificate forms issued according to Circular No. 17/2009/TT-BTNMT shall continue to be used to reflect the contents as prescribed in this Circular.

4. In cases where complete land registration files have been submitted, valid Land Use Right Certificates have been issued, and the certificates have been printed or written before this Circular takes effect, they shall continue to be processed according to the provisions of Circular No. 17/2009/TT-BTNMT; in cases where the certificates have not yet been printed or written, they must be processed according to the provisions of this Circular.

Article 25. Responsibility for Implementation

2. Provincial People's Committees and municipal people's committees directly under the central government shall be responsible for disseminating, directing, and implementing this Circular.

3. Departments of Natural Resources and Environment shall be responsible for implementing this Circular at local levels.

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