Circular No. 30/2014/TT-BTNMT on land transfer, land lease, change of land use purpose, and land recovery documents

CIRCULAR

Regulations on land transfer, land lease, change of land use purpose, and land recovery

change of land use purpose, land recoveryorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

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 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, promulgated by the Government, stipulating 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 promulgates this Circular to regulate land transfer, land lease, change of land use purpose, and land recovery.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates land transfer, land lease, change of land use purpose, and land recovery.

Article 2. Applicability

This Circular applies to state management agencies, specialized agencies for natural resources and environment; organizations, households, individuals within the country; religious establishments; overseas Vietnamese; foreign organizations with diplomatic functions; foreign-invested enterprises; and other organizations and individuals related to the implementation of land transfer, land lease, change of land use purpose, and land recovery.

Chapter II
LAND TRANSFER, LAND LEASE, CHANGE OF LAND USE PURPOSE

Article 3. Documents for land transfer and land lease not through public auction for cases under the authority of provincial People's Committees

1. The applicant for land transfer or lease shall submit one set of documents to the competent state agency for review or issuance of investment certificate, including:

a) Application for land transfer or lease according to Model No. 01 issued together with this Circular;

b) Copy of the investment certificate or approval document for investment project along with the project description;

In case of application for land use for national defense and security purposes, there is no need to submit a copy of the project description but must submit a copy of the decision on construction of national defense and security works by the competent state agency, including relevant contents regarding land use or the decision approving the location plan of the Ministry of National Defense or the Ministry of Public Security;

For projects using land for mineral activities, a permit from the competent state agency as prescribed by law is required;

The natural resources and environment agency is responsible for providing the extract of the cadastral map of the land plot for areas where there are cadastral maps or conducting cadastral survey of the land plot upon request of the applicant for land transfer or lease.

2. The applicant for land transfer or lease shall submit one set of documents for projects that do not require review by the competent state agency; projects that do not require issuance of an investment certificate; and cases where there is no need to establish an investment project for construction works, including:

b) Copy of the project description for projects that do not require review by the competent state agency or do not require issuance of an investment certificate;

c) Copy of the economic and technical report for cases where there is no need to establish an investment project for construction works;

In case of application for land transfer for religious establishments, an economic and technical report for construction of religious works is required.

3. Documents submitted to the provincial People's Committee (hereinafter referred to as the provincial level) for decision on land transfer and lease, prepared by the Department of Natural Resources and Environment, include:

a) Documents specified in Clauses 1 and 2 of this Article.

In case the project uses paddy fields, protective forests, special-use forests for other purposes without being decided by the National Assembly on investment or approved by the Prime Minister on investment policy, a document approving the change of land use purpose by the Prime Minister or a resolution of the provincial People's Council allowing the change of land use purpose as stipulated in Clause 1, Article 58 of the Land Law and Clause 2, Article 68 of Decree No. 43/2014/ND-CP is required;

In case the project has direct foreign investment at islands and border communes, wards, towns without being decided by the National Assembly on investment or approved by the Prime Minister on investment policy, a document from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs as stipulated in Clause 2, Article 58 of the Land Law and Article 13 of Decree No. 43/2014/ND-CP is required;

b) Document assessing the need for land use and conditions for land transfer and lease as stipulated in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP for projects that do not require review by the competent state agency; projects that do not require issuance of an investment certificate; and cases where there is no need to establish an investment project for construction works;

c) Report attached with draft decision on land transfer (Model No. 02) or draft decision on land lease (Model No. 03) issued together with this Circular.

Article 4. Documents for land transfer and land lease without public auction of land use rights in cases within the authority of the People's Committee of districts, towns, urban districts, and provincial cities to transfer and lease land.

2. The documents submitted to the People's Committee of districts, towns, urban districts, and provincial cities (hereinafter referred to as district level) for deciding on land transfer and lease shall be prepared by the Department of Natural Resources and Environment and include:

a) The documents as prescribed in Clause 1 of this Article;

b) A document assessing the need for land use and the conditions for land transfer and lease as stipulated in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP.

c) Report attached with draft decision on land transfer (Model No. 02) or draft decision on land lease (Model No. 03) issued together with this Circular.

Article 5. Documents for issuing a decision to revoke the decision recognizing the result of the public auction of land use rights in cases of land transfer and lease through public auction of land use rights.

The documents submitted to the competent People's Committee include:

1. Decision recognizing the result of winning the public auction of land use rights.

2. Report from the natural resources and environment agency regarding the failure of the successful bidder to pay the full amount as required.

3. Proposal attached with the draft decision to revoke the decision recognizing the result of winning the public auction of land use rights.

Article 6. Documents for requesting change of land use purpose.

1. The land user shall submit one set of documents for cases where changing the land use purpose requires permission from the competent state agency; the documents include:

a) Application for changing the land use purpose according to Model No. 01 issued together with this Circular;

b) Certificate of land use right or Certificate of ownership of house and land use right or Certificate of land use right, ownership of house and other assets attached to the land.

2. The documents submitted to the competent People's Committee for deciding on granting permission to change the land use purpose include:

a) The documents as prescribed in Clause 1 of this Article;

b) Field verification record;

c) Copy of the project feasibility study report for projects not requiring approval from the competent state agency, projects not requiring investment certificate; copy of the economic and technical report of the organization using the land for cases not requiring preparation of an investment construction project; document assessing the need for land use and the conditions for granting permission to change the land use purpose as stipulated in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP already prepared when issuing the investment certificate or assessing the investment project or approving the project for projects requiring approval from the competent state agency, requiring issuance of an investment certificate;

d) Document assessing the need for land use and the conditions for granting permission to change the land use purpose as stipulated in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP for projects not requiring approval from the competent state agency, not requiring issuance of an investment certificate, and cases not requiring preparation of an investment construction project;

In cases where households or individuals request to change the agricultural land use purpose to commercial or service purposes with an area of 0.5 hectares or more, they must supplement the approval document of the Provincial People's Committee as prescribed in Point a, Clause 2, Article 59 of the Land Law;

đ) Extract of the cadastral map of the land plot or cadastral survey of the land plot;

e) Proposal attached with the draft decision granting permission to change the land use purpose according to Model No. 05 issued together with this Circular.

Article 7. Documents for reviewing land usage needs; reviewing conditions for transferring land, leasing land, and changing land usage purposes

1. The documents for reviewing land usage needs; reviewing conditions for transferring land, leasing land, and changing land usage purposes as stipulated in Articles 3, 4, and 6 of this Circular shall be established based on the land transfer, lease, and land usage change files and opinions from the review meeting or written opinions from relevant agencies, organizations, individuals, or the results of on-site inspections.

2. Contents of the document for reviewing land usage needs include:

a) Evaluation of compliance with land usage planning and land usage plans approved by competent state authorities;

b) Evaluation of compliance with specialized planning approved by competent state authorities related to the project (if applicable);

c) Evaluation of land usage requirements of the project according to current standards and norms for land usage. For types of projects without regulations on standards and norms for land usage, the reviewing authority shall base its evaluation on the scale, nature of the project, and the local area's capacity to meet land funds;

d) Evaluation of the ability to ensure effective land usage through assessing the project implementation capability of the investor; environmental impact due to land usage; compatibility with technical infrastructure, social infrastructure; construction density ratio, height, depth underground for construction projects; impact on national defense and security issues (if applicable);

đ) Requirements regarding land usage area, land usage purpose, and the local area's capacity to meet land funds for cases where investment projects do not need to prepare feasibility studies.

3. Contents of the document for reviewing conditions for transferring land, leasing land, and changing land usage purposes as stipulated in Clause 3, Article 58 of the Land Law include:

a) Determination of the type of investment project and the subjects required to apply conditions for transferring land, leasing land, and changing land usage purposes;

b) Evaluation of the extent to which conditions such as guarantee deposits, financial capacity to ensure land usage according to the project schedule, and non-violation of laws on land usage for ongoing projects using land transferred or leased by the State are met.

Article 8. On-site land transfer files

On-site land transfer files include:

1. On-site land transfer record according to Model No. 06 issued along with this Circular;

2. Record of issuing land use right certificates, ownership certificates of houses and other immovable property attached to land (if applicable).

Chapter III
FILES FOR RECLAIMING LAND

Section 1
FILES FOR RECLAIMING LAND FOR NATIONAL DEFENSE AND SECURITY;

ECONOMIC AND SOCIAL DEVELOPMENT FOR NATIONAL AND PUBLIC INTEREST

Article 9. Files for submitting land reclamation announcements

Files for submitting to the People's Committee at the competent level to issue land reclamation announcements include:

1. A submission letter with a draft announcement for reclaiming land to implement the project according to Model No. 07 issued along with this Circular.

In cases where the project uses paddy fields, protective forest land, or special-use forest land for other purposes and does not fall under the category decided by the National Assembly for investment or approved by the Prime Minister for investment policy, there must be a permit for changing land usage purposes from the Prime Minister or a resolution of the Provincial People's Council approving the change in land usage purposes as stipulated in Clause 1, Article 58 of the Land Law and Clause 2, Article 68 of Decree No. 43/2014/NĐ-CP.

2. Plan showing the location, boundary, and area of the land to be reclaimed for implementing the project (included in the annual land usage plan of the district);

3. Extracts from the cadastral map of the land plot or cadastral survey of the land plot within the boundary of the land to be reclaimed for implementing the project.

Article 10. Documents for submitting to issue compulsory inventory decision and decision on forced execution of compulsory inventory decision

1. Documents for submitting to the Chairman of the People's Committee at district level to issue compulsory inventory decision shall be prepared by the Department of Natural Resources and Environment and include:

a) Notice of land recovery;

b) Request for compulsory inventory issued by the organization responsible for compensation and clearance;

c) Report from the People's Committee of commune, ward, town (hereinafter referred to as commune level) where the recovered land is located on the process of mobilizing and persuading the land users to comply with regulations for conducting investigation, survey, measurement, and inventory;

d) Extract of cadastral map of the land plot or cadastral survey of the land plot (available when preparing documents for issuing notice of land recovery);

đ) Petition attached with draft of compulsory inventory decision according to Model No. 08 promulgated together with this Circular.

2. Documents for submitting to the Chairman of the People's Committee at district level to issue decision on forced execution of compulsory inventory decision shall be prepared by the Department of Natural Resources and Environment and include:

a) Compulsory inventory decision;

b) Request for forced execution of compulsory inventory issued by the organization responsible for compensation and clearance;

c) Petition attached with draft of decision on forced execution of compulsory inventory decision according to Model No. 09 promulgated together with this Circular.

Article 11. Documents for submitting to issue decision on land recovery and decision on forced execution of land recovery

1. Documents for submitting to the competent People's Committee to issue decision on land recovery include:

a) Notice of land recovery;

b) Draft of compensation, support, and resettlement plan that has been reviewed and summary of opinions contributed by the land owners whose lands are being recovered;

c) Certificate of land use right or Certificate of ownership of house and land use right or Certificate of land use right, ownership of house and other assets attached to the land or land use right documents stipulated in Article 100 of the Land Law and Article 18 of Decree No. 43/2014/NĐ-CP (if available);

d) Extract of cadastral map of the land plot or cadastral survey of the land plot (available when preparing documents for issuing notice of land recovery);

đ) Petition attached with draft of land recovery decision according to Model No. 10 promulgated together with this Circular.

2. Documents for submitting to the Chairman of the People's Committee at district level to issue decision on forced execution of land recovery shall be prepared by the Department of Natural Resources and Environment and include:

a) Land recovery decision;

b) Request for forced execution of land recovery issued by the organization responsible for compensation and clearance;

c) Report from the People's Committee of commune where the recovered land is located on the process of mobilizing and persuading the land owners to comply with regulations but not executing the handover of land to the organization responsible for compensation and clearance;

d) Petition attached with draft of decision on forced execution of land recovery according to Model No. 11 promulgated together with this Circular.

Section 2
DOCUMENTS FOR LAND RECOVERY DUE TO VIOLATION OF LAND LAW, TERMINATION OF LAND USE IN ACCORDANCE WITH LAW, VOLUNTARY RETURN OF LAND, AND THREAT TO HUMAN LIFE

Article 12. Documents for submitting to issue decision on land recovery and decision on forced execution of land recovery due to violation of land law

1. Documents for submitting to the competent People's Committee to issue decision on land recovery include:

a) Administrative violation record regarding the violation acts specified in Points a, b, đ, and e Clause 1 Article 64 of the Land Law (already available when imposing administrative penalty);

b) Working record to determine the violation acts specified in Points c, d, g, h, and i Clause 1 Article 64 of the Land Law (already available when conducting inspection and verification to identify administrative violations);

c) Certificate of land use right or Certificate of ownership of house and land use right or Certificate of land use right, ownership of house and other assets attached to the land or land use right documents stipulated in Article 100 of the Land Law and Article 18 of Decree No. 43/2014/NĐ-CP (if available);

d) On-site verification record established by the natural resources and environment agency (if available);

đ) Extract of the cadastral map of the land plot or cadastral survey of the land plot;

e) Petition attached with draft of land recovery decision according to Model No. 10 promulgated together with this Circular.

2. Documents for submitting to the competent People's Committee to issue decision on forced execution of land recovery include:

a) Land recovery decision;

b) Report from the natural resources and environment agency on the process of mobilizing and persuading the land owners to comply with the land recovery decision but not executing it;

c) Petition attached with draft of decision on forced execution of land recovery according to Model No. 11 promulgated together with this Circular.

Article 13. Documents for issuing decisions on land recovery and forced land recovery due to termination of land use according to the law, voluntary return of land, or posing a threat to human life.

1. Documents for issuing decisions on land recovery due to termination of land use as stipulated in Point a Clause 1 Article 65 of the Land Law include:

a) Notification documents or documents returning land in cases where land is recovered from organizations that have been granted land by the State without payment of land use fees, granted land with payment of land use fees where such fees originated from the State budget, or leased land with annual rent payments now moving to another location, reducing, or no longer needing the land.

b) Decisions on dissolution or bankruptcy in cases where land is recovered from organizations that have been granted land by the State without payment of land use fees, granted land with payment of land use fees where such fees originated from the State budget, or leased land with annual rent payments that have been dissolved or declared bankrupt.

c) Certificate of land use right or Certificate of ownership of house and land use right or Certificate of land use right, ownership of house and other assets attached to the land or land use right documents stipulated in Article 100 of the Land Law and Article 18 of Decree No. 43/2014/NĐ-CP (if available);

d) On-site verification record established by the natural resources and environment agency (if available);

đ) Extract of the cadastral map of the land plot or cadastral survey of the land plot;

e) Petition attached with draft of land recovery decision according to Model No. 10 promulgated together with this Circular.

2. Documents for issuing decisions on land recovery due to termination of land use as stipulated in Point b Clause 1 Article 65 of the Land Law include:

a) Death certificates or decisions declaring individuals using the land as deceased according to the law;

b) Confirmation documents from the People's Committee of the commune where the deceased individual resided stating there are no heirs;

c) Documents specified in Points c, d, đ, and e Clause 1 of this Article.

3. Documents for issuing decisions on land recovery due to voluntary return of land by the land user as stipulated in Point c Clause 1 Article 65 of the Land Law include:

a) Documents returning land by the land user or confirmation documents from the People's Committee of the commune where the land is located confirming the return of land by the land user;

b) Documents specified in Points c, d, đ, and e Clause 1 of this Article.

4. Documents for issuing decisions on land recovery due to termination of land use as stipulated in Point d Clause 1 Article 65 of the Land Law include:

a) Decisions on granting land or leasing land, land lease contracts;

b) Notification documents informing the land user that they will not be granted an extension of land use.

c) Documents specified in Points c, d, đ, and e Clause 1 of this Article.

5. Documents for issuing decisions on land recovery due to posing a threat to human life as stipulated in Points đ and e Clause 1 Article 65 of the Land Law include:

a) Documents from competent authorities determining the level of environmental pollution, landslides, subsidence, or other natural disasters threatening human life.

b) Documents specified in Points c, d, đ, and e Clause 1 of this Article.

6. Documents for issuing decisions on forced land recovery due to termination of land use according to the law, or posing a threat to human life include the documents specified in Clause 2 Article 12 of this Circular.

Chapter IV
IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from July 17, 2014.

2. This Circular replaces Circular No. 14/2009/TT-BTNMT dated October 1, 2009, issued by the Minister of Natural Resources and Environment detailing compensation, support, resettlement, and procedures and formalities for land recovery, allocation, and leasing.

3. For land allocation, leasing, and land use purpose conversion applications received by competent state agencies but not yet decided upon before July 1, 2014, shall be handled as follows:

a) Applicants for land allocation, leasing, and land use purpose conversion need not resubmit their previously submitted documents, except as provided in Point b of this Clause. Competent state agencies shall proceed according to the procedures and formalities for land allocation, leasing, and land use purpose conversion under the Land Law of 2003 and its implementing regulations;

b) In cases where the submitted documents do not comply with the form of land allocation or leasing, the object of land allocation or leasing, or the circumstances requiring permission for land use purpose conversion under the Land Law of 2013 and Decree No. 43/2014/NĐ-CP, the agency receiving the application shall guide the applicant to complete the documents in accordance with the provisions of the Land Law of 2013 and its implementing regulations for continued processing.

Article 15. Responsibilities of People's Committees at all levels and environmental resources agencies

1. The Director of the Land Administration General Department shall be responsible for inspecting and urging the implementation of this Circular.

2. The Chairpersons of People's Committees of provinces and centrally governed cities shall direct the implementation of this Circular in their localities and review and revoke local regulations that contravene the provisions of this Circular.

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

4. In the course of implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.