This Circular amends and supplements certain provisions related to land registration files and procedures under the Land Law 2013. Specifically, it details the files and procedures for initial registration, change registration, and issuance of certificates of land use rights, ownership of houses, and other assets attached to land for organizations purchasing debts according to Resolution No. 42/2017/QH14 of the National Assembly. At the same time, this Circular also stipulates the refusal of registration files and issuance of certificates when the conditions set forth are not met.
Đối tượng áp dụng
This Circular applies to agencies receiving and processing land registration files, land users, owners of assets attached to land, and organizations purchasing debts according to Resolution No. 42/2017/QH14 of the National Assembly.
Các điểm cốt lõi
- Amend and supplement provisions related to land registration files, assets attached to land.
- Detail procedures for issuing certificates of land use rights, ownership of houses, and other assets attached to land for organizations purchasing debts according to Resolution No. 42/2017/QH14 of the National Assembly.
- Stipulate the refusal of registration files and issuance of certificates when the conditions set forth are not met.
- Supplement new provisions related to valid files and procedures for land registration, assets attached to land.
- Prohibit requiring land users to submit additional documents beyond those specified.
🌐 Tác động xã hội từ văn bản này
- Ensure transparency in the land registration process and issuance of certificates.
- Facilitate organizations purchasing debts in exercising land use rights and assets attached to land according to Resolution No. 42/2017/QH14 of the National Assembly.
- Reduce corruption in the receipt and processing of land registration files.
❓ Câu hỏi thường gặp
What new provisions does this Circular have regarding the refusal of files?
This Circular stipulates that the agency receiving files may refuse files if they fall outside its jurisdiction, if the files are incomplete as required, if the information declared is insufficient, inconsistent, or invalid, or if the information in the file does not match the information retained by the registration agency or contains forged documents.
What forms of submission are available to land users when handling procedures?
Land users may choose one of the following forms: submitting certified or authenticated copies of documents, submitting copies and presenting original documents for verification, or submitting original documents.
What does this Circular stipulate about valid files?
A valid land registration file must include all components as prescribed, with complete and consistent declarations across all documents.
Toàn văn
CIRCULAR
Providing detailed regulations for Decree No. 01/2017/NĐ-CP dated January 6, 2017
of the Government amending and supplementing certain decrees providing detailed regulations on the implementation of
the Land Law and amending and supplementing certain articles of circulars
guiding the implementation of the Land Law
Pursuant to the Land Law dated November 29, 2013;
Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government providing detailed regulations on certain provisions of the Land Law;
Pursuant to Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government stipulating land prices;
Pursuant to Decree No. 47/2014/NĐ-CP dated May 15, 2014 of the Government stipulating compensation, support, and resettlement when the State recovers land;
Pursuant to Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain decrees providing detailed regulations on the implementation of the Land Law;
On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of 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 providing detailed regulations for Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain decrees providing detailed regulations on the implementation of the Land Law and amending and supplementing certain articles of circulars guiding the implementation of the Land Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular provides detailed regulations on the following contents:
1. Detailed regulations for Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing certain decrees providing detailed regulations on the implementation of the Land Law (hereinafter referred to as Decree No. 01/2017/NĐ-CP).
2. Amending and supplementing certain articles of the following circulars:
a) Circular No. 23/2014/TT-BTNMT dated May 19, 2014 stipulating the Certificate of Land Use Right, Ownership Right of Housing and Other Assets Attached to Land;
b) Circular No. 24/2014/TT-BTNMT dated May 19, 2014 stipulating the land registry files;
c) Circular No. 25/2014/TT-BTNMT dated May 19, 2014 stipulating the cadastral maps;
d) Circular No. 30/2014/TT-BTNMT dated June 2, 2014 stipulating the files for land allocation, land lease, change of land use purpose, and land recovery;
đ) Circular No. 36/2014/TT-BTNMT dated June 30, 2014 stipulating detailed methods for land valuation, construction and adjustment of land price lists, specific land valuation, and consulting on determining land prices;
e) Circular No. 37/2014/TT-BTNMT dated June 30, 2014 stipulating detailed regulations on compensation, support, and resettlement when the State recovers land;
g) Circular No. 02/2015/TT-BTNMT dated January 27, 2015 stipulating detailed provisions of Decree No. 43/2014/NĐ-CP and Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government.
Article 2. Applicability
1. State management agencies, specialized agencies on natural resources and environment at all levels, Land Registration Offices, cadastre officials at communes, wards, and towns.
2. Land users, entities managing land on behalf of the State, owners of assets attached to land, and other organizations and individuals related thereto.
Chapter II
DETAILED REGULATIONS FOR CERTAIN PROVISIONS OF DECREE NO. 01/2017/NĐ-CP
Article 3. Confirmation of households and individuals directly engaged in agricultural production
1. Confirmation of households and individuals directly engaged in agricultural production shall be carried out in the following cases:
a) Allocation of agricultural land to households and individuals as prescribed in Article 54 of the Land Law;
b) Registration to receive transfer or gift of rice-growing land use rights from households and individuals;
c) Recognition of agricultural land use rights for households and individuals;
d) Recovery of agricultural land from households and individuals where it is necessary to determine the subjects entitled to compensation and support.
2. Bases for identifying individuals directly engaged in agricultural production:
a) Currently using agricultural land granted, leased, or recognized by the State; received through conversion, transfer, inheritance, gift, or capital contribution in the form of land use rights; currently using agricultural land without recognition by the State;
b) Not belonging to the category receiving regular salaries; individuals who have retired, left work due to health reasons, or stopped working and are receiving social benefits;
c) Having stable income from agricultural production on the land being used as specified in Point a Clause 2 of this Article, including cases where there is no regular income due to natural disasters, environmental disasters, fires, or epidemics;
d) In the case of allocating agricultural land to individuals as prescribed in Article 54 of the Land Law, registering to receive transfer or gift of rice-growing land use rights from individuals, only the provisions of Point b Clause 2 of this Article shall apply.
3. Bases for identifying households directly engaged in agricultural production:
a) Currently using agricultural land granted, leased, or recognized by the State; received through conversion, transfer, inheritance, gift, or capital contribution in the form of land use rights; currently using agricultural land without recognition by the State;
b) At least one member of the household does not belong to the category receiving regular salaries; individuals who have retired, left work due to health reasons, or stopped working and are receiving social benefits;
c) Having stable income from agricultural production on the land being used as specified in Point a Clause 2 of this Article, including cases where there is no regular income due to natural disasters, environmental disasters, fires, or epidemics;
d) In the case of allocating agricultural land to households as prescribed in Article 54 of the Land Law, registering to receive transfer or gift of rice-growing land use rights from households, only the provisions of Point b Clause 2 of this Article shall apply.
4. The People's Committee of communes, wards, and towns (hereinafter collectively referred to as the People's Committee of the commune) confirming that households and individuals directly engaged in agricultural production have stable income from agricultural production is part of the procedure for implementing the procedures prescribed in Clause 1 of this Article and shall be carried out as follows:
Article 4. The use of land in production and business projects shall be carried out through the method of negotiating the purchase of assets attached to the land, receiving the transfer of land use rights, leasing land use rights, or receiving capital contributions in the form of land use rights.
1. The recovery of land for lease to investors to implement production and business projects as prescribed in Clauses 5 and 6, Article 16 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), supplemented in Clause 15, Article 2 of Decree No. 01/2017/ND-CP, shall be implemented as follows:
a) The investor shall submit a document to the natural resources and environment authority where the land is located requesting the recovery of land for lease to the investor.
b) The recovery of land, compensation, support, and resettlement shall be carried out as prescribed for the recovery of land for national defense, security purposes; economic and social development for national interests and public benefits. The investor shall be responsible for pre-funding compensation, support, and resettlement according to the approved compensation, support, and resettlement plan by the competent state authority and shall be reimbursed from the land lease payment due; the amount deductible shall not exceed the land lease payment due.
2. For cases where land is currently being used within the project area and meets the conditions for issuing a Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land as prescribed but has not yet received such a certificate, the provincial People's Committee shall notify the land user to complete the procedures for issuing the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land before implementing the sale of assets attached to the land, transfer, lease, or contribution of land use rights to the investor.
3. The allocation of land and leasing of land to investors for the area of land recovered by the State as prescribed in Clauses 4, 5, and 6, Article 16 of Decree No. 43/2014/ND-CP does not need to go through the form of auctioning land use rights.
4. In the case of using land to implement investment projects through the method of purchasing assets attached to the land, receiving the transfer of land use rights, leasing land use rights, or receiving capital contributions in the form of land use rights, where there are different land use periods, including a portion of the land with a stable long-term period, the land use period shall be re-determined according to the investment project period prescribed in Clause 3, Article 126 of the Land Law; if it does not fall under the category of implementing investment procedures as prescribed by laws on investment, the land use period shall be decided by the competent People's Committee granting land or leasing land, but shall not exceed 50 years. In the case of transferring land use rights where the entire land area has a stable long-term use period, the land use period shall be determined as stable long-term.
Article 5. Implementation of services by the Land Registration Office
1. The Land Registration Office shall implement services in accordance with Clause 4 of Article 2 of Decree No. 01/2017/ND-CP based on its functions and tasks in accordance with its capacity as prescribed by law.
2. When the Land Registration Office provides services in accordance with Clause 4 of Article 2 of Decree No. 01/2017/ND-CP, the land users and owners of assets attached to the land who receive such services shall be responsible for paying the costs for providing services as stipulated in Decree No. 141/2016/NĐ-CP dated October 10, 2016 of the Government on the mechanism of self-management of public service units in the economic service sector and other services; the unit price for service charges shall be set by the provincial People's Committee in accordance with the provisions of the law on prices.
Chapter III
AMENDMENTS AND SUPPLEMENTS TO SOME GUIDELINES IMPLEMENTING THE LAND LAW
Article 6. Amendments and supplements to some articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 on the Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land
1. Amend and supplement Point a of Clause 1 of Article 4 as follows:
"a) Establish regulations on anti-counterfeiting factors (security features) on the certificate paper; organize the printing and issuance of certificate paper to the Land Registration Office or the Land Use Right Registration Office at all levels for use;"
2. Amend and supplement Point đ, and add Point e to Clause 4 of Article 4 as follows:
"đ) Report the situation of receiving, managing, and using certificate paper to the Department of Natural Resources and Environment every six months before June 20th, and annually before December 20th each year;e) Report to the General Department of Land Management the number of certificate papers received, the number of certificate papers used and unused when receiving certificate papers as stipulated in Point a of Clause 1 of this Article."
3. Add Clause 6 to Article 4 as follows:
"6. Technical specifications for raw paper used to print certificate paper are specified in Appendix No. 01a issued together with this Circular."
"a) For domestic individuals, record "Mr." (or "Mrs."), followed by their full name, date of birth, name and number of personal identification documents (if available), and permanent address. If the personal identification document is a citizen identity card, record "ID No.:..."; if it is a military citizen identity card, record "Military ID No.:..."; if it is a citizen’s registration card, record "Citizen Registration Card No.:..."; if there is no citizen identity card or citizen’s registration card, record "Birth Certificate No.:...";"
"c) For households using land, record "Household, including Mr." (or "Household, including Mrs."), followed by the full name, date of birth, name and number of personal identification documents of the household head as stipulated in Point a of this Clause; the permanent address of the household. In cases where the household head does not have joint land use rights of the household, record another member of the household who has joint land use rights of the household. The next line records "Jointly using land, jointly owning assets attached to land (or Jointly using land or Jointly owning assets) with... (record the full name, date of birth, name and number of personal identification documents of the remaining members of the household who have joint land use rights and ownership of assets attached to land in sequence)."
6. Amend and supplement Point h of Clause 8 of Article 6 as follows:
"h) In cases where land use rights are transferred and a certificate must be issued to the transferee, record the form of transfer (such as receiving a swap; receiving a sale; receiving inheritance; receiving a gift; receiving capital contribution; winning an auction; enforcing mortgage debt; resolving disputes; resolving complaints and denunciations; implementing court decisions (or judgments); implementing enforcement decisions;...) sequentially; then record the land use origin as shown on the original certificate and according to the provisions of this Circular. Example: "Received transfer of land granted by the State with payment of land use fee".
In cases where land use rights are transferred for different purposes requiring a change of land use purpose, record the land use origin according to the forms prescribed in Points a, b, c, and d of this Clause, consistent with the method of fulfilling financial obligations to the State after changing the land use purpose.
In cases where land use rights are recognized for land obtained legally from others through transfer of land use rights and this land falls under the land management system with payment of land use fees as stipulated by law, record "Recognized land use right as land granted with payment of land use fee".
Example: Organization A has received the transfer of residential land use rights from a household or individual before 2005, where the household or individual had not been issued a certificate, now used for production and business purposes; when recognizing land use rights, the certificate will state "Recognized land use right as land granted with payment of land use fee;"
7. Amend and supplement Point c of Clause 3 of Article 7 as follows:
"c) Floor area: record the floor area of the apartment, the usable area of the apartment according to the apartment purchase contract, and in compliance with the laws on housing;"
8. Add Article 7a as follows:
"Article 7a. Content of the Certificate in cases of issuing certificates for individual construction projects or some construction projects or parts of construction projects
In cases where certificates are issued for individual construction projects or some construction projects or parts of construction projects, the certificate shall be recorded as follows:
1. Information about the certificate holder shall be recorded on page 1 of the certificate in accordance with Clause 1 of Article 5 of this Circular.
2. Information about the plot of land shall be recorded on page 2 of the certificate in accordance with Article 6 of this Circular and shall only be reflected on one certificate (the certificate issued separately for the plot of land or for the plot of land and one, some construction projects, parts of construction projects); from the second certificate onwards, detailed information about the plot of land shall not be recorded as in the first certificate, at point "1. Plot of land" recorded as "Information about the land plot being used, as shown on the Certificate with serial number..." (record the serial number of the first Certificate).
In cases where the project investor transfers the right to use land, construction items, or parts of construction items, the investor is responsible for clearly defining the location, boundaries, and area of common and individual use of the construction item or part of the construction item according to the investment project approval decision, investment project decision, investment permit, investment certificate, investment registration certificate issued by the competent authority, detailed construction planning approval decision, construction permit, and such information must be reflected in the transfer contract to process the issuance of the Certificate to the transferee. When issuing the Certificate to the transferee, the Certificate previously issued to the investor shall be amended to reflect the change in the form of common use for the portion of the land area that belongs to the common use of the land user.
For projects with multiple construction items reflected in the investment project approval decision, investment project decision, investment permit, investment certificate, investment registration certificate issued by the competent authority, detailed construction planning approval decision, construction permit, if the investor has the need and meets the conditions, the competent state agency may issue the Land Use Right Certificate, House Ownership Right Certificate, and other property rights attached to the land for each construction item or part of the construction item.
3. Information about the property attached to the land is recorded on page 2 of the Certificate as follows:
a) Address: record the name of the construction item or building; house number, alley, small lane (if any), street name, administrative unit names at commune, district, provincial levels;
b) Type of construction item: as stipulated in Point a Clause 4 Article 7 of this Circular;
c) Detailed information about the construction item, some construction items, or parts of the construction item is presented in the form of a table as follows:
|
Assigned plan |
Construction Area (m2) |
Floor Area or Capacity |
Form of Ownership |
Level of Project |
Ownership Term |
Where:
- Construction Item: record according to the name of the construction item in the investment project approval decision, investment project decision, investment permit, investment certificate, investment registration certificate issued by the competent authority, detailed construction planning approval decision, construction permit. If issuing the Certificate for a part of the construction item's area, record "(name of the part of the construction item's area) (name of the construction item)" (e.g., "Floor 2 Commercial Hall - Building NT1"); the owner of the asset is responsible for determining the name of the part of the construction item's area as the basis for recording on the Certificate; - … (name of the project item)- Construction Area: record the ground floor area of the construction item occupying the land at the outer edge of the construction item's wall, using Arabic numerals in square meters (m2), rounded to one decimal place;
- Floor Area or Capacity is recorded as follows:
+ For buildings, record the floor area of the construction item or part of the construction item, using Arabic numerals in square meters, rounded to one decimal place. For single-story construction items, record the ground floor area of the construction item. For multi-story construction items, record the total floor area of all floors. If issuing the Certificate for a part of the construction item such as an apartment, room, office, or part of the floor area within the construction item, record the ground floor area of that part.
+ For other architectural constructions, record the capacity of the construction item according to the approved investment decision or project, investment certificate, or investment permit. Example: "Thermal Power Plant: 3,000 MW, Sports Stadium: 20,000 seats";
- Information on the form of ownership, construction completion date, and ownership term of the construction item is recorded as stipulated in Point b Clause 4 Article 7 of this Circular." "Thermal power plant: 3,000 MW, sports stadium: 20,000 seats";
9. Supplement Article 7b as follows:
"Article 7b. Recording information on the Certificate for cases certifying ownership of construction items on agricultural land
1. Information about the land user and the owner of the construction item on agricultural land:
a) In cases where the owner of the construction item is also the land user, the information is recorded on page 1 of the Certificate according to the provisions of Clause 1 Article 5 of this Circular;
b) In cases where the owner of the construction item is not the land user, the information about the owner of the construction item is recorded on page 1 of the Certificate according to the provisions of Clause 1 Article 5 of this Circular, followed by "Owner of construction item on leased land from ...
(record the name of the organization, household, or individual leasing the land)" or "Owner of construction item on subleased land from ... (record the name of the organization, household, or individual subleasing the land)" or "Owner of construction item on contributed land from ... (record the name of the organization, household, or individual contributing the land)." If the name of the land lessor, sublessor, or contributor cannot be fully recorded on page 1 of the Certificate, the entire name of the lessor, sublessor, or contributor is recorded on the supplementary page of the Certificate according to Appendix 01b attached to this Circular. The next line of information about the owner of the construction item records "Owner of construction item on another person's land as indicated on the supplementary pages attached to this Certificate, including ... pages."
The supplementary page is a component of the Certificate. When using a supplementary page, it must be numbered according to the appendix and stamped across with the fourth page of the Certificate (stamped by the competent authority issuing the Certificate).
2. Information about the land plot:
Information about the land plot is recorded according to the provisions of Article 6 of this Circular; in cases of using multiple land plots, the cadastral extraction and survey must be carried out according to regulations for the entire area used; information about the land plot is determined based on the information from the cadastral extraction and survey.
Information about the land plot is presented in accordance with Article 6 of this Circular; in cases where multiple land plots are used, cadastral extraction and cadastral survey must be carried out for the entire area of use according to the regulations; information about the land plot is determined based on the information from the cadastral extraction and cadastral survey.
Where the owner of the construction project is not simultaneously the land user, the Note section of the Certificate shall state "The plot of land belongs to the right of use of another person recorded on page 1."
3. Information about the construction project is presented in the form of a table as follows:
|
Assigned plan |
Construction Area (m2) |
Floor area (m2) |
Main structure |
Form of Ownership |
Level of Project |
Ownership term |
Construction projects attached to agricultural land are reflected on the Certificate as construction projects according to the laws on construction or actual constructions formed at the time of issuing the Certificate and owned by the applicant for the Certificate, including:
- Project components: recorded according to the names of the components in the investment project approval decision, investment project decision, investment permit, investment certificate, investment registration certificate issued by the competent authority, detailed planning approval decision, construction permit.
- Floor Area or Capacity is recorded as follows:
- Floor area: only applies to buildings and recorded according to Point c Clause 2 Article 7 of this Circular; other cases are not determined and marked with "-/-";
- Main structure: record the type of building material (brick, concrete, wood...), main structures such as walls, frames, floors, roofs (example: Walls, steel frame, floor made of reinforced concrete);
- Form of ownership: record "Private ownership" for components owned by one owner; record "Joint ownership" for cases where components are jointly owned by multiple owners; if a component has both private and joint ownership parts, then record "Private ownership" followed by "Joint ownership" in subsequent lines; simultaneously record the area of private and joint ownership in the corresponding columns under "Construction Area" and "Floor Area";
- Level of construction: recorded according to the regulations of the law on construction quality management. In cases where construction projects on agricultural land are not specified in the classification of construction projects under the law on construction, the Provincial People's Committee decides based on actual conditions the types of projects that can be registered for ownership on the Certificate.
- The ownership term of the construction project is recorded as follows:
+ Record the date of the end of the usage period of the construction project if the usage period is determinable, for leasehold land, sublease land, or receiving capital contributions in the form of land use rights from other land users, the ownership term of the construction project does not exceed the lease term, sublease term, or contribution term; mark with "-/-" if the usage period cannot be determined.
+ For sale of construction projects with a term, record the date of the end according to the sales contract of the construction project."
10. Amend and supplement Point b Clause 1 Article 8 as follows:
"b) Information about the plot of land and assets attached to the land is recorded on page 2 of the Certificate according to the provisions of Article 6, Clauses 1, 2, 3, 4, 5, and 6 of Article 7, Article 7a, and Article 7b of this Circular, including:
- Land use area: record the total area of land that the Certificate holder has exclusive and shared use rights over. The form of land use records the exclusive land use area in the exclusive use section and the shared land use area in the shared use section;
- Asset area (including construction area, floor area): record the total area of assets that the Certificate holder has exclusive and shared ownership over. The form of asset ownership records each form and the exclusive and shared ownership areas according to Point d Clause 2, Point d Clause 3, Point b Clause 4, Point d Clause 5, and Point c Clause 6 of Article 7, Clause 3 of Article 7b of this Circular.
In cases where the assets attached to the land include various types or components, some of which are exclusively owned and others jointly owned, a table as prescribed in Clause 8 of Article 7 of this Circular should be established to list information about each asset or component as follows:
|
Type of Asset |
Land occupied area (m2) |
Floor area (m2) or capacity |
Form of Ownership |
Grade |
Ownership term |
|
Housing |
100 |
100 150 |
Exclusive General |
3 |
-/- -/- |
|
Shop |
25 |
25 |
Shared |
4 |
-/- |
|
Year 1999 |
500 |
-/- |
General |
-/- |
-/- |
11. Amend and supplement Clause 2 Article 8 as follows:
"2. In cases where the land user shares part of the plot area and jointly owns part of the assets attached to the land without having separate land use rights or asset ownership rights, the Certificate issued to such person shall be recorded according to Articles 5, 6, Clauses 1, 2, 3, 4, 5, and 6 of Article 7, Article 7a, and Article 7b of this Circular and the following provisions:
a) Land use area: only record the portion of the land area that the Certificate holder shares with others in a shared use form;
b) Asset area (including construction area, floor area): only record the portion of the asset area that the Certificate holder shares with others in a shared ownership form."
12. Amend and supplement Clause 4 Article 11 as follows:
"4. Notes in other cases are recorded according to the provisions of Clause 3 Article 5, Point c Clause 6 Article 6, Clause 2 Article 7b, Point c Clause 1 Article 8, Point c Clause 1 Article 9, and Article 13 of this Circular."
"1. The content of the signing section of the Certificate is as follows:
a) Record the place name where the Certificate is issued and the date of signing the Certificate;
b) In cases where the Certificate issuing authority is the Provincial or District People's Committee, it shall be recorded as follows:
TM. PROVINCE/DISTRICT PEOPLE'S COMMITTEE... (record the name of the administrative unit authorized to issue the Certificate)
CHAIRMAN
Signature, stamp of the People's Committee and the name of the signatory; or
TM. PROVINCE/DISTRICT PEOPLE'S COMMITTEE... (record the name of the administrative unit authorized to issue the Certificate)
KT. CHAIRMAN
DEPUTY CHAIRMAN
Signature, stamp of the People's Committee and the name of the signatory;
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. PROVINCE/DISTRICT PEOPLE'S COMMITTEE... (record the name of the provincial administrative unit)
DEPUTY CHAIRMAN
DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
Signature, stamp of the Department of Natural Resources and Environment and the name of the signatory;
d) In cases where the Department of Natural Resources and Environment signs and issues the Certificate within its jurisdiction, it shall be recorded as follows:
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT... (record the name of the provincial administrative unit)
DIRECTOR
The signature and seal of the Department of Natural Resources and Environment and the name of the signatory.
In the case where the Deputy Director of the Department signs the Certificate of Land Use Right, it shall be recorded as follows:
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT... (record the name of the provincial administrative unit)
KT. DEPUTY DIRECTOR
DIRECTOR
Signature, stamp of the Department of Natural Resources and Environment and the name of the signatory;
d) In the case where the Land Registration Office is authorized by the Department of Natural Resources and Environment to sign and issue the Certificate of Land Use Right according to the regulations of the Provincial People's Committee, it shall be recorded as follows:
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT...(record the name of the provincial administrative unit)
ATQ. DIRECTOR
DIRECTOR OF THE LAND REGISTRATION OFFICE... (record the name of the Land Registration Office)
The signature of the Director of the Land Registration Office, the seal of the Department of Natural Resources and Environment, and the name of the signatory;
e) In the case where the Branch of the Land Registration Office is authorized by the Department of Natural Resources and Environment to sign and issue the Certificate of Land Use Right according to the regulations of the Provincial People's Committee, it shall be recorded as follows:
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT... (record the name of the provincial administrative unit)
ATQ. DIRECTOR
DIRECTOR OF THE BRANCH OF THE LAND REGISTRATION OFFICE...... (record the name of the Branch of the Land Registration Office)
The signature of the Director of the Branch of the Land Registration Office, the seal of the Department of Natural Resources and Environment, and the name of the signatory.
"g) The land user and the owner of the immovable property attached to the land are permitted to change their names; confirm changes in information about the legal entity, ID card number, citizen identification card number, address on the issued Certificate of Land Use Right according to the needs of the land user and the owner of the immovable property; confirm changes in information about the legal entity, ID card number, citizen identification card number, address on the issued Certificate of Land Use Right simultaneously with the registration procedures for changes in land status and immovable property attached to the land;"
"3. The issuance of the Certificate of Land Use Right for the cases specified in Points a, b, e, g, h, l, m and r Clause 1 and Points a, c, d, đ, e, g, h and i Clause 2 of this Article shall be carried out in accordance with Article 37 of Decree No. 43/2014/ND-CP and Clause 23 Article 2 of Decree No. 01/2017/ND-CP. For the case specified in Point n Clause 1 and Point b Clause 2 of this Article, the natural resources and environment authority shall be responsible for implementing the procedures stipulated in Clause 2 Article 69 of Decree No. 43/2014/ND-CP and transferring the file to the Land Registration Office, Branch of the Land Registration Office to write the Certificate of Land Use Right; submit to the same-level People's Committee for permission to change the purpose of land use and issue the Certificate of Land Use Right."
16. Amend and supplement Point b Clause 5 Article 18 as follows:
"b) In the case of registering changes in the content of mortgage by land use right and immovable property attached to the land, record "The registered mortgage content on ... / ... / ... has been changed... (specifically record the mortgage content before and after the change) according to file number... (record the file number of the registration procedure);"
17. Supplement Clause 6a into Article 18 as follows:
"6a) In the case of leasing land or subleasing land, except for the case of leasing land or subleasing land in industrial zones, export processing zones, clusters of enterprises, craft villages, economic zones, high-tech parks, then on the Certificate of Land Use Right of the land lessor or sublessor, record: "Lease (sublease) plot number ... area ... m2 until ... (record the end date of the lease period) , not included in the case of receiving land use rights, according to file number ... (record the file number of the registration procedure)."18. Amend and supplement Clause 7 Article 18 as follows: "7. In the case where the land user and the owner of the immovable property attached to the land change their names or change information about legal entity papers, personal identity, address, record "Land user (or owner of the immovable property attached to the land)...
(specifically record the content of the change: change name, change ID card, Investment Certificate,... address)
from... to... (record the information before and after the change) (record the file number of the registration procedure)". Cases of changes that do not belong to the transfer of land use rights or ownership of immovable property attached to the land such as households and individuals using land putting land use rights into business; company conversion; division, separation, merger, consolidation of businesses without dividing plots of land and confirming changes on the Certificate of Land Use Right shall record "Land user (or Owner of the immovable property attached to the land) changed name from ... to... according to file number... (record the name and legal entity papers before and after the conversion)
due to... (record the form of establishment or conversion of the enterprise or ...) 19. Amend and supplement Clause 10 Article 18 as follows: "10. In the case of changing the purpose of land use, record "Change purpose from land... to land... according to file number... "7. In the case where the land user and the owner of the immovable property attached to the land change their names or change information about legal entity papers, personal identity, address, record "Land user (or owner of the immovable property attached to the land)...
(record the purpose of use before and after the change)
according to Decision No...., dated .../.../..., file number... (record the file number of the registration procedure) . In the case of changing the purpose of use of part of a plot of land, separate the plot and issue a new Certificate of Land Use Right for each new plot after separation. For residential plots with gardens or ponds, there is no need to carry out the plot separation procedure when changing the purpose of use of part of the plot, except when the land user requests plot separation; if no plot separation is carried out, record "Change purpose of use of ... m2 from land... to land... (record the purpose of use before and after the change) according to Decision No...., dated .../.../..., file number... (record the file number of the registration procedure)."20. Amend and supplement Clause 18 Article 18 as follows:
"18. In the case of land recovery or transfer of land use rights, ownership of immovable property attached to the land, or replacement of the Certificate of Land Use Right or other reasons leading to the recovery of the issued Certificate of Land Use Right, before archiving, the Land Registration Office, Branch of the Land Registration Office, or the Office of Land Use Right Registration shall punch one hole through all four pages of the Certificate of Land Use Right and any additional pages (if any); the punching shall not damage the information on the Certificate of Land Use Right. The Certificate of Land Use Right after being punched loses its legal validity."
21. Amend and supplement Clause 4 Article 24 as follows:
"4. In the case where the complete land registration files have been submitted, the Certificate of Land Use Right has been issued legally, and printed or written before the effective date of this Circular, continue to implement according to Circular No. 17/2009/TT-BTNMT; in the case where printing or writing of the Certificate of Land Use Right has not yet been completed, it must be implemented according to this Circular."
21. Amend and supplement Clause 4 of Article 24 as follows:
"4. In cases where all necessary land registration files and attached property files have been submitted, a valid Certificate of Land Use Right has been issued, and the Certificate of Land Use Right has been printed or written before this Circular takes effect, the provisions of Circular No. 17/2009/TT-BTNMT shall continue to apply; in cases where the Certificate of Land Use Right has not yet been printed or written, the provisions of this Circular must be followed."
In the case where the Certificate of Land Use Right has been signed but not yet delivered, and it is discovered that the signing of the Certificate of Land Use Right was beyond authority, incorrect regarding the land user, incorrect regarding the area of land, not meeting the conditions for issuance, incorrect regarding the purpose of land use, incorrect regarding the duration of land use, or incorrect regarding the origin of land use according to the provisions of the Law on Land, then the Certificate of Land Use Right shall be destroyed in accordance with the regulations.
In the case where the Certificate of Land Use Right has been signed but not yet delivered to the land user due to the land user not accepting the Certificate of Land Use Right as notified by the competent authority, after ninety days from the date of notification to the land user, the owner of the attached assets, the Land Registration Office, Branch of the Land Registration Office, or the Land Use Right Registration Office shall confirm at Item IV on page 3 of the Certificate of Land Use Right "The Certificate of Land Use Right has not been delivered due to... (record the reason for not delivering the Certificate of Land Use Right due to disagreement about the information on the Certificate of Land Use Right, non-compliance with financial obligations, no need to record debts...) and store in accordance with the regulations. In the case where, after confirming the reason for not delivering the Certificate of Land Use Right, the land user requests to receive the Certificate of Land Use Right, the Land Registration Office, Branch of the Land Registration Office, or the Land Use Right Registration Office shall confirm the content "The Certificate of Land Use Right has been delivered" in Item IV of the Certificate of Land Use Right and deliver the Certificate of Land Use Right to the land user.
In the case of implementing the registration and issuance procedures for the Certificate of Land Use Right for households and individuals where the Certificate of Land Use Right has been printed or written before the establishment and operation of the Land Registration Office with the authority to sign represented by the People's Committee of the district level, but the process of submitting the Certificate of Land Use Right for approval was carried out from the day the Land Registration Office began operations according to the decision of the People's Committee of the province, the Land Registration Office, Branch of the Land Registration Office shall be responsible for storing the printed Certificate of Land Use Right in the file; before storing, note "File stored because the Certificate of Land Use Right was printed before the establishment of the Land Registration Office" and affix the confirmation stamp of the Land Registration Office, Branch of the Land Registration Office on page 1 of the Certificate of Land Use Right. After completing the signing and delivering the new Certificate of Land Use Right to the household and individual, the Land Registration Office, Branch of the Land Registration Office shall be responsible for collecting the stored Certificates of Land Use Right for the Department of Natural Resources and Environment to destroy them in accordance with the regulations.
Article 7. Amending and supplementing some articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 on land records.
1. Amending and supplementing Clause 3 of Article 8 as follows:
"3. The documents submitted when performing the procedures for registering and issuing the Certificate of Land Use Right, Ownership Certificate of House and Other Assets Attached to Land for the first time for assets attached to land; registering supplementary for assets attached to land of land users who have already been issued a Certificate of Land Use Right include:
a) Application for registration and issuance of the Certificate of Land Use Right, Ownership Certificate of House and Other Assets Attached to Land according to Model No. 04a/ĐK;
b) One of the documents prescribed in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP;
In the case of certifying ownership of construction works on agricultural land where the owner of the work does not have one of the types of documents prescribed in Article 32 of Decree No. 43/2014/NĐ-CP or the work is exempted from construction permit, the owner of the work shall submit the design documents of the work in accordance with the laws on construction. The Land Registration Office or Branch of the Land Registration Office or the Land Use Right Registration Office shall send the form to seek opinions from the competent state management agency for such type of asset in accordance with Point đ Clause 3 Article 70 of Decree No. 43/2014/NĐ-CP together with the design documents of the work.
c) Diagram of assets attached to land (except in cases where the documents on ownership of assets attached to land already contain a diagram consistent with the current status);
d) Issued Certificate of Land Use Right for the case of certifying supplementary ownership of assets attached to land;
đ) Proof of fulfillment of financial obligations; documents related to exemption or reduction of financial obligations concerning assets attached to land (if any);
e) Written consent of the land user agreeing to construct the work which has been notarized or certified in accordance with the law and a copy of the document on land use rights in accordance with the law on land for the case where the owner of the work is not simultaneously the land user."
2. Amending and supplementing Clause 2 of Article 9 as follows:
"2. The documents submitted when performing the procedures for converting agricultural land use rights without falling under the case of "land consolidation and adjustment"; transferring, leasing, subleasing, inheritance, gift, contribution of land use rights and ownership of assets attached to land; transferring land use rights and ownership of assets attached to land of husband or wife to joint ownership of husband and wife include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) Contract or document on the conversion, transfer, lease, sublease, inheritance, gift of land use rights and ownership of assets attached to land; contribution of land use rights and ownership of assets attached to land; transfer of land use rights and ownership of assets attached to land of husband or wife to joint ownership of husband and wife in accordance with the regulations.
In the case where the heir of land use rights and ownership of assets attached to land is the only heir, a request for registration of inheritance of land use rights and ownership of assets attached to land by the heir must be submitted;
c) Original issued Certificate of Land Use Right;
d) Approval document of the competent state agency for economic organizations receiving the transfer, contribution, lease of agricultural land use rights to implement investment projects;
đ) Document of the land user agreeing to allow the owner of the assets attached to land to transfer, gift, lease, contribute the assets attached to land for the case of transferring, gifting, leasing, contributing by assets attached to land where the owner of the assets attached to land is not simultaneously the land user."
3. Amend and supplement Point b Clause 5 Article 9 as follows:
"b) The original Certificate of Registration that has been issued, except in cases where a decision or judgment of the People's Court, an enforcement decision of the enforcement agency that has taken effect, or an auction of land use rights and attached assets according to the request of the People's Court or the enforcement agency cannot recover the original Certificate of Registration;"
4. Amend and supplement Clause 6 Article 9 as follows:
"6. Documents submitted when registering changes in land use and attached assets due to name change of the land user or owner of attached assets; reduction in plot area due to natural erosion; change in land use restrictions; change in financial obligations; change in attached assets compared to the content registered and certified on the Certificate of Registration shall include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) The original Certificate of Registration that has been issued;
c) One of the following documents related to the content of the change:
- A certificate from a competent state agency in accordance with the law for cases where individuals or household representatives change their family name or name;
- A copy of the household registration book for cases where the household representative changes; a written agreement of the household confirmed by the People's Committee at the commune level for cases where another member of the household changes;
- A written agreement of the community confirmed by the People's Committee at the commune level for cases where the community changes its name;
- A confirmation letter from the People's Committee at the commune level regarding the situation of natural erosion for cases where the plot area and attached assets have reduced due to natural erosion;
- Proof of payment of financial obligations for cases where the Certificate of Registration shows arrears or delayed payment of financial obligations, except in cases where the land user is exempted or does not need to pay due to changes in the law;
- A decision of a competent state agency regarding the change in land use restrictions or ownership of attached assets recorded on the Certificate of Registration for cases where there are restrictions according to decisions on land allocation, land lease, recognition of land use rights; in cases where there are changes according to a transfer of land use rights, there must be a written approval of the change of restriction from the person with related interests, confirmed by the People's Committee at the commune level;
- A copy of one of the documents specified in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP showing the content of the change for cases where information about attached assets recorded on the Certificate of Registration changes."
5. Amend and supplement Point c Clause 9 Article 9 as follows:
"c) A copy of the Investment Decision Supplement or Investment License or Investment Certificate or Investment Policy Decision showing the term or adjustment of the term of implementation of the investment project consistent with the time requested for extension of land use for organizations, foreign organizations with diplomatic functions, foreign-invested enterprises, and overseas Vietnamese implementing investment projects.
In cases where domestic organizations are currently using land for investment activities but do not fall under the provisions requiring an Investment Decision Supplement or Investment License or Investment Certificate or Investment Policy Decision according to the law on investment, the specific reasons for requesting an extension of land use should be clearly stated in Item 4 of the Land and Attached Asset Change Registration Form No. 09/ĐK;"
6. Amend and supplement Clause 12; add Clauses 13, 14, 15, 16, and 17 to Article 9 as follows:
"12. Documents submitted when registering mortgage or cancellation of mortgage in accordance with the regulations on registration of secured transactions.
In cases where land is leased or subleased from the developer of infrastructure in industrial zones, clusters of industries, export processing zones, high-tech parks, economic zones, which are rented by the state annually, and the land users who have paid the annual rent before July 1, 2014, and wish to register a mortgage on land use rights or mortgage on land use rights and attached assets, the mortgage registration documents must include proof that the developer has deposited into the budget the land rent that the lessee or sublessee has already paid in advance.
13. Documents submitted when re-determining the residential land area for households and individuals who have been issued a Certificate of Registration include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) The original Certificate of Registration that has been issued.
14. Documents submitted when registering changes in cases where households and individuals bring land use rights into a business include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) The original Certificate of Registration that has been issued;
c) A written document from the members of the household using the land agreeing to bring the household's land use rights into the business, which has been notarized or certified in accordance with the law for cases involving household land;
d) The land lease contract signed by the household or individual.
15. Documents submitted when extending the agricultural land use period for religious organizations include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) The original Certificate of Registration that has been issued.
16. Documents submitted when confirming changes in information about the legal entity, ID card number, citizen identification card number, address on the Certificate of Registration according to the needs of the land user or owner of attached assets include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) The original Certificate of Registration that has been issued;
c) A copy of the new ID card or military ID card or citizen identification card or household registration book or other documents proving changes in personal information for cases where there is a change in personal information of the person named on the Certificate of Registration;
d) A written document from the competent authority allowing or recognizing the change in legal entity information for cases where there is a change in legal entity information recorded on the Certificate of Registration.
17. For cases where procedures for registering changes in land and attached assets as stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this Article involve changes in information about the legal entity, ID card number, citizen identification card number, or address on the Certificate of Registration that has been issued, the land user shall submit the following additional documents:
a) A copy of the new Identity Card or new Military Service Identification Card or new Citizen Identity Card or household registration book or other documents proving changes in personal information for cases involving changes in personal information of the person named on the Certificate of Ownership;
b) A document from the competent authority permitting or recognizing the change in legal entity information for cases involving changes in legal entity information of organizations recorded on the Certificate of Ownership."
"Article 9a. Issuance of the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land for additional land area compared to the land use right documents for households and individuals currently using the land
1. The issuance of the Certificate shall apply to the entire area of the land plot currently being used (including the original land plot area and the additional land area).
2. Documents required for the issuance of the Certificate in cases where the additional land area results from transfer, inheritance, or gift of land use rights that have been certified:
a) In cases where the original land plot has already been issued a Certificate:
- An application form for reissuing or exchanging the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land according to Form No. 10/ĐK for the entire area of the land plot currently being used; - The original Certificate of the original land plot;
- The original Certificate and the contract or document regarding the transfer, inheritance, or gift of land use rights established according to the regulations of the additional land area. In cases of receiving a transfer, inheritance, or gift of part of the additional land area as stipulated in Clause 2, Article 82 of Decree No. 43/2014/NĐ-CP, submit the original Certificate of the party transferring the land use rights or the contract or document regarding the transfer, inheritance, or gift of land use rights of the additional land area.
b) In cases where the original land plot has not yet been issued a Certificate:
- An application form for registering and issuing the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land according to Form No. 04a/ĐK for the entire area of the land plot currently being used;
- One of the types of documents specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/NĐ-CP, and Clause 16, Article 2 of Decree No. 01/2017/NĐ-CP of the original land plot;
- One of the documents specified in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP for cases of registering ownership of assets attached to the land.
In cases of registering ownership of houses or construction works, there must be a plan of the house or construction work, except when the document on ownership of the house or construction work already contains a plan consistent with the current status of the constructed house or construction work;
- Evidence of financial obligations fulfilled; documents related to exemption or reduction of financial obligations concerning land and assets attached to the land (if any);
- In cases of registering restricted use rights for adjacent land plots, there must be a contract or agreement or court decision establishing restricted use rights for adjacent land plots, accompanied by a diagram showing the location and size of the portion of the land plot that the user of the adjacent land plot is entitled to restricted use rights;
- The original Certificate and the contract or document regarding the transfer, inheritance, or gift of land use rights established according to the regulations of the additional land area. In cases of receiving a transfer, inheritance, or gift of part of the additional land area as stipulated in Clause 2, Article 82 of Decree No. 43/2014/NĐ-CP, submit the original Certificate of the party transferring the land use rights or the contract or document regarding the transfer, inheritance, or gift of land use rights of the additional land area.
3. Documents submitted in cases where the additional land area has not yet been issued a Certificate:
a) In cases where the additional land area results from a transfer, inheritance, or gift of land use rights before July 1, 2014, and such additional land area has documents on land use rights as specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/NĐ-CP, and Clause 16, Article 2 of Decree No. 01/2017/NĐ-CP:
- An application form for registering and issuing the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land according to Form No. 04a/ĐK for the entire area of the land plot currently being used;
- The original Certificate of the original land plot or documents specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/NĐ-CP, and Clause 16, Article 2 of Decree No. 01/2017/NĐ-CP of the original land plot in cases where the original land plot has not yet been issued a Certificate;
- One of the types of documents specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/NĐ-CP, and Clause 16, Article 2 of Decree No. 01/2017/NĐ-CP of the additional land area;
- One of the documents specified in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP for cases of registering ownership of assets attached to the land.
In cases of registering ownership of houses or construction works, there must be a plan of the house or construction work, except when the document on ownership of the house or construction work already contains a plan consistent with the current status of the constructed house or construction work;
- Evidence of financial obligations fulfilled; documents related to exemption or reduction of financial obligations concerning land and assets attached to the land (if any);
- In cases of registering restricted use rights for adjacent land plots, there must be a contract or agreement or court decision establishing restricted use rights for adjacent land plots, accompanied by a diagram showing the location and size of the portion of the land plot that the user of the adjacent land plot is entitled to restricted use rights;
b) In cases where the additional land area does not have documents on land use rights as specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/NĐ-CP, and Clause 16, Article 2 of Decree No. 01/2017/NĐ-CP:
- An application form for registering and issuing the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land according to Form No. 04a/ĐK for the entire area of the land plot currently being used;
- The original Certificate of the original land plot or the documents specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/NĐ-CP, and Clause 16, Article 2 of Decree No. 01/2017/NĐ-CP of the original land plot in cases where the original land plot has not yet been issued a Certificate;
- One of the documents specified in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP for cases of registering ownership of assets attached to the land.
In cases of registering ownership of houses or construction works, there must be a plan of the house or construction work, except when the document on ownership of the house or construction work already contains a plan consistent with the current status of the constructed house or construction work;
- Evidence of financial obligations fulfilled; documents related to exemption or reduction of financial obligations concerning land and assets attached to the land (if any);
- In cases of registering restricted use rights for adjacent land plots, there must be a contract or agreement or court decision establishing restricted use rights for adjacent land plots, accompanied by a diagram showing the location and size of the portion of the land plot that the user of the adjacent land plot is entitled to restricted use rights.
4. In case the original land plot and the additional land area already have a Certificate of Land Use Right, Possession Right and/or Ownership Right, the Land Registration Office shall submit to the Department of Natural Resources and Environment for issuance of the Certificate of Land Use Right, Possession Right and/or Ownership Right, or for issuance of such certificate in cases where it has been authorized according to regulations.
In case the original land plot or the additional land area or the entire area of the original land plot and the additional land area have not yet been issued with a Certificate of Land Use Right, Possession Right and/or Ownership Right, the Branch of the Land Registration Office shall prepare the dossier for the Environmental Resources Division to submit to the People's Committee of the district for issuance of the Certificate of Land Use Right, Possession Right and/or Ownership Right.
8. Supplement Article 9b as follows:
"Article 9b. Registration of land use rights and ownership of attached assets for organizations purchasing debts as stipulated in Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly
1. The registration of land use rights and ownership of attached assets for organizations purchasing debts, where the land use rights and attached assets originate from non-performing loans of credit institutions and foreign bank branches according to Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly, shall be carried out in cases where mortgage transactions involving land use rights and attached assets have been conducted in compliance with laws on land and other relevant laws; the purchase and sale of debts secured by land use rights and attached assets must comply with the provisions of the law on debt purchase and sale.
2. Documents to be submitted when carrying out the registration procedures for land use rights and ownership of attached assets include:
a) Application for registration of land use right and asset attached to land changes according to Model No. 09/ĐK;
b) The original Certificate of Registration that has been issued;
c) A written agreement or mortgage contract containing provisions regarding the disposal of mortgaged property, whereby the mortgagee or guarantor receives the collateral directly;
d) A document on the purchase and sale of debts in accordance with the law on debt purchase and sale, containing provisions regarding the organization purchasing debts inheriting the rights and obligations of the mortgagee or guarantor as stipulated in the mortgage contract or guarantee contract;
đ) A document on the transfer of purchased debt assets or a decision made by the competent authority in accordance with the law in cases where the transfer of purchased debt assets cannot be agreed upon.
9. Amend and supplement Clause 1 and Clause 2 of Article 11 as follows:
"1. The agency receiving the dossier for the registration and issuance of the Certificate of Land Use Right, Possession Right and/or Ownership Right shall not require the land user or owner of attached assets to submit additional documents beyond those required under Articles 8, 9, 9a, 9b, and 10 of this Circular and those specified in Clause 2 and Clause 3 of Article 4, Clauses 2, 3, 4, and 5 of Article 6, Clauses 2, 3, 4, and 5 of Article 7, and Clause 1 of Article 8 of the Joint Circular No. 88/2016/TT-BTC-BTNMT dated June 22, 2016 of the Ministry of Finance and the Ministry of Natural Resources and Environment on the dossier and procedures for receiving and circulating documents related to land-related financial obligations of land users.
2. When submitting documents on land use rights and ownership of attached assets as prescribed in Article 100 of the Land Law, Articles 18, 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP, and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP (if applicable) for initial registration or change registration as stipulated in Articles 8, 9, 9a, 9b, and 10 of this Circular, the person submitting the dossier may choose one of the following methods:
a) Submitting certified copies of documents in accordance with the law on notarization and certification;
b) Submitting copies of documents and presenting the originals for verification by the staff receiving the dossier, who will then confirm the copies;
c) Submitting the original documents."
10. Supplement Clause 5 to Article 11 as follows:
"5. A valid land registration dossier (a valid registration dossier) shall ensure the following contents:
a) The dossier shall contain all necessary components as prescribed in this Circular;
b) The declaration in the documents (for documents requiring declarations) shall be complete in accordance with the regulations;
c) The declarations in the documents shall be consistent."
11. Supplement Article 11a as follows:
"Article 11a. Refusal of Dossiers for Registration and Issuance of Certificates of Land Use Rights, House Ownership Rights, and Other Attached Assets
1. The refusal of dossiers for registration and issuance of certificates of land use rights, house ownership rights, and other attached assets shall be carried out if any of the following grounds exist:
a) Not within the jurisdiction of the agency receiving the dossier;
b) The dossier does not contain all necessary components as prescribed;
c) The declarations in the dossier do not meet the requirements of completeness, consistency, and validity as stipulated by law;
d) Information in the dossier does not match the information retained by the registration agency or there are forged documents;
đ) Upon receipt of a document from the civil enforcement agency or the Notary Public Office requesting a temporary suspension or cessation of the issuance of certificates for the land use rights and attached assets of the land user or owner of attached assets who are subject to enforcement according to the civil enforcement law or a notice about the seizure of assets for enforcement; upon receipt of a document from the competent authority handling land disputes indicating that it has received a request for resolution of land disputes and attached assets;
e) Not meeting the conditions for exercising rights as stipulated by laws on land and other relevant laws.
2. If there are grounds for refusing the dossier as stipulated in Clause 1 of this Article, the agency receiving and processing the dossier shall issue a written document stating the reasons for refusal and guiding the person submitting the dossier to comply with the law within three working days from the date of receipt of the dossier for registration and issuance of certificates, and send the document along with the dossier to the person submitting it or transfer the document and dossier to the one-stop service center or the People's Committee of the commune for return to the person submitting it."
12. Amend and supplement Point b Clause 2 of Article 15 as follows:
"b) For households using land, the information shall be recorded as "Household, including Mr." (or "Household, including Mrs."), followed by the name, year of birth, and personal identification number of the household head as prescribed in Point a Clause of this Article; the permanent address of the household. If the household head does not have the right to use the common land of the household, then the representative member of the household who also has the right to use the common land of the household shall be recorded; subsequently, record "Jointly using land, jointly owning property attached to the land (or Jointly using land or Jointly owning property) with … (record in sequence the name, year of birth, and personal identification number of the remaining members of the household who share the right to use the land and the right to own property attached to the land)."
"a) For individuals, the head of the household, and the spouse of that person must provide information on the Identity Card or Military Identity Card or Citizen Identification Card (if available), including: The name of the Identity Card (abbreviated as ID or MID) or Citizen Identification Card (abbreviated as CID) and the number of the Identity Card or Citizen Identification Card; in cases where there is no Identity Card or Citizen Identification Card, provide information on the Birth Certificate (name and number of the Birth Certificate)."
14. Amend and supplement Point k Clause 2 Article 19 as follows:
"k) Cases of changes that do not fall under the category of transferring the right to use land or the right to own property attached to the land, such as when a household or individual uses land to transfer the right to use land to a business; change of company form; division, merger, or consolidation of businesses without dividing or separating land plots and implementing confirmation of changes on the Certificate of Title, shall be recorded as "The land user (or owner of property attached to the land) changed from … to … (record the form of establishment or conversion of the enterprise or ...) 19. Amend and supplement Clause 10 Article 18 as follows: (record the form of establishment or change of business type) according to file number... (record the file registration code)."
15. Amend and supplement Point o Clause 2 Article 19 with the following content:
"o) In cases of changing the purpose of land use, record: "Change the purpose of use from land … to land … (record the file number of the registration procedure); source of land use becomes …; duration of use until …(record the source and duration after the purpose of use has changed if applicable) according to file number... (record the name and legal entity papers before and after the conversion)
In cases where changing the purpose of use for part of a land plot leads to the division of the plot, record: "The divided land plot has been separated into plots … (record the new plot numbers formed), change the purpose of use for plot number … area … m2 (record the plot number and area of the plot whose purpose of use has changed) to land … (record the purpose of use after the change), according to file number … (record the name and legal entity papers before and after the conversion)
On the registration page of the newly formed land plot but without changing the purpose of use, record: "Divided from plot number … (record the plot number before division) according to file number … (record the registration file code)".
On the registration page of the newly formed land plot where the purpose of use of the land has changed, record: "Divided from plot number … (record the plot number before division), change the purpose of use from land … to land … (record the file number of the registration procedure) according to file number … (record the registration file code).
In cases where changing the purpose of use for part of a land plot from garden or pond within the same plot with a house to residential land without dividing the plot, record: "Change the purpose of use for … m2 from land … (record the purpose of use before the change) to residential land; source of land use becomes "Recognized as state-granted land with payment of land use fee; duration of use: Long-term according to file number … (record the file number of the registration procedure);"
16. Amend and supplement Clause 4 Article 21 as follows:
"4. For localities that have not yet built a cadastral database and do not have the conditions to establish a Land Register (electronic) as prescribed in this Circular, the following provisions shall apply:
a) For localities that have established a paper-based Land Register in accordance with Circular No. 09/2007/TT-BTNMT dated August 2, 2007, issued by the Minister of Natural Resources and Environment guiding the establishment, amendment, and management of cadastral records, continue updating into the existing paper-based Land Register; the content of the information recorded in the register shall be in accordance with the amended and supplemented guidelines set out in Appendix No. 03 issued together with this Circular;
b) For localities that have not established a paper-based Land Register in accordance with Circular No. 09/2007/TT-BTNMT dated August 2, 2007, issued by the Minister of Natural Resources and Environment guiding the establishment, amendment, and management of cadastral records, the Land Registration Office shall be responsible for printing the pages of the electronic Land Register (not yet signed) in paper form to serve the signing and stamping of the Land Registration Office and Branches of the Land Registration Office for regular management purposes.
17. Supplement Clause 6 into Article 33 as follows:
"6. For Land Use Right Certificates, House Ownership Certificates, and Certificates of Other Property Rights Attached to the Land that have been printed or written for issuance, reissuance, or replacement to land users and owners of property rights attached to the land when exercising their rights or registering other changes before the operation of the Land Registration Office pursuant to the decision of the Provincial People's Committee but have not yet been handed over to the land users, the Land Registration Office shall be responsible for reprinting new certificates to replace the previously printed or written certificates, with the content of the competent authority issuing the certificate being carried out in accordance with the laws at the time of printing the new certificate, other contents remain unchanged as on the previously printed or written certificate; the land user does not need to resubmit the application for issuance, reissuance, or replacement of the certificate. The Land Registration Office shall be responsible for issuing the certificate or submitting it to the Department of Natural Resources and Environment for issuance in accordance with the legal provisions on authority.
The Provincial People's Committee shall be responsible for directing the Department of Natural Resources and Environment and the District People's Committees to review and report the quantity and list of certificates that have been printed or written for issuance, reissuance, or replacement to land users and owners of property rights attached to the land when exercising their rights or registering other changes before the operation of the Land Registration Office prior to implementing the reprinting of new certificates as stipulated in this Clause."
18. Amend and supplement Form No. 09/ĐK.
19. Amend the phrase "04/ĐK" to "04a/ĐK".
1. Amending and supplementing Clause 5 of Article 7 as follows:
"5. For non-agricultural land, the mutual positional error of any two points on the boundary of a plot represented on a land administrative map in digital form shall not exceed 0.2 mm according to the scale of the map to be established, but shall not exceed 4 cm on the ground for plot sides less than 5 meters in length. For agricultural land and unused land, the mutual positional error of any two points mentioned above may be increased by 1.5 times."
2. Amending and supplementing Point 2.4 of Clause 2 of Article 11 as follows:
"2.4. In cases where the land user or adjacent land users are absent during the entire measurement period, the description of the plot boundary and markers will be determined by the surveyor staff, remaining related parties, and the person leading the survey based on the actual site and relevant plot records (if available). The survey unit shall transfer the Description of Plot Boundary and Markers to the People's Committee of the commune for confirmation of absence and announcement through the commune's public address system and posting at the commune People's Committee office for the land user to sign for confirmation. If the land user does not appear within 15 days from the date of announcement and there are no complaints or disputes regarding the plot boundaries, the plot boundaries will be determined according to the established description.
In cases where the adjacent land user does not sign for confirmation within 10 days from receiving the Description of Plot Boundary and Markers, and there is no document indicating any dispute or complaint related to the plot boundaries, the plot boundaries will be determined according to the description signed and confirmed by the remaining related parties and the person leading the survey, with the reason for the adjacent land user's non-signature noted in the section "Reasons for Disagreement" in the Description of Plot Boundary and Markers. The survey unit is responsible for compiling a list of such cases to inform the People's Committee of the commune and retain the survey records."
3. Amending the first line from top down of Section "1. Template and presentation of the frame of the land administrative map" and Section 2. Template and presentation of the reprinted frame of the land administrative map" under "III. SYMBOLS OF THE LAND ADMINISTRATIVE MAP" of Appendix No. 01 as follows:
Replacing the phrase "TRUNG CHAU COMMUNE" with the phrase "LAND ADMINISTRATIVE MAP OF TRUNG CHAU COMMUNE".
Article 9. Amending and supplementing some articles of Circular No. 30/2014/TT-BTNMT dated June 2, 2014 on land handover, lease, permission to change land use purpose, and land recovery documents
1. Supplementing Article 5a as follows:
"Article 5a. Documents submitted to the Prime Minister for approval of changing the purpose of rice cultivation land, protective forest land, and special-use forest land for investment projects
1. Documents sent by the provincial People's Committee to the Ministry of Natural Resources and Environment for review include:
a) The request for review of the provincial People's Committee according to Model No. 03a issued together with this Circular.
b) The report on project investment file review by the investment registration agency in accordance with the laws on investment for cases without an investment decision or investment proposal from the competent state agency or Investment Registration Certificate or Investment License before July 1, 2015 (the date when the Investment Law 2014 came into effect).
c) The investment decision for local-managed public investment projects in accordance with the laws on public investment.
d) The approved auction plan for land use rights for investment projects implementing land handover and lease through land use rights auctions in accordance with the laws on land.
đ) Tender documents that have been reviewed or approved for selecting investors for investment projects using land in accordance with the laws on tendering.
e) Environmental impact assessment reports due to changes in land use purposes, compensation and resettlement plans for forest areas, and replanting plans in accordance with the laws on forest protection and development for projects changing the purpose of protective forest land and special-use forest land, which have been approved by the competent state agency.
2. Documents submitted to the Prime Minister prepared by the Ministry of Natural Resources and Environment include:
a) Request to the Prime Minister;
b) Documents specified in Clause 1 of this Article;
c) A document from the Ministry of Agriculture and Rural Development on the change of purpose of rice cultivation land, protective forest land, and special-use forest land for investment projects."
2. Supplementing Clauses 4, 5, 6, and 7 to Article 7 as follows:
"4. Documents for reviewing land use needs simultaneously with conditions for land handover, lease, and permission to change land use purposes for investment projects include:
a) The application for review of the land recipient or lessee or the application for review of the investment registration agency according to Model No. 03b issued together with this Circular;
b) Investment project files when implementing the investment decision according to the laws on investment."
5. Documents for reviewing land use needs for cases requesting land handover or lease without reviewing conditions for land handover or lease for investment projects include:
a) The application for review of the land recipient or lessee according to Model No. 03b issued together with this Circular or the application for review of the investment registration agency;
b) Investment project files when implementing the investment decision according to the laws on investment.
6. Documents for reviewing land use needs for cases requesting a change in land use purpose without reviewing conditions for permission to change land use purposes for investment projects include:
a) The application for review of the land use purpose changer according to Model No. 03b issued together with this Circular or the application for review of the investment registration agency;
b) Land Use Right Certificate or Ownership Certificate of Housing and Land Use Right or Land Use Right Certificate, Ownership Certificate of Housing and Other Assets Attached to the Land.
c) Investment project dossier when implementing the investment orientation decision in accordance with the laws on investment.
7. The dossier for assessing land use demand in cases where the purpose of land use is changed without establishing an investment project shall include:
a) The request for assessment from the person requesting to change the purpose of land use according to Model No. 03b issued together with this Circular; b) Land use right certificate or Certificate of ownership of house and land use right or Land use right certificate, ownership of house and other assets attached to the land."
4. Supplement Article 7a as follows:
"Article 7a. Dossier for adjusting the Prime Minister's decisions on land recovery, land allocation, land leasing, and permission to change the purpose of land use issued before July 1, 2004
1. The land user submits one set of dossier at the Department of Natural Resources and Environment including:
a) The document proposing adjustment of the Prime Minister's decision on land recovery, land allocation, land leasing, and permission to change the purpose of land use issued before July 1, 2004 according to Model No. 03c issued together with this Circular;
b) A copy of the Prime Minister's decision on land recovery, land allocation, land leasing, and permission to change the purpose of land use issued before July 1, 2004;
c) A copy of the Land use right certificate or Certificate of ownership of house and land use right or Land use right certificate, ownership of house and other assets attached to the land already issued (if any);
d) A copy of the investment permit or investment certificate or business registration certificate or approval document for investment orientation or investment decision or investment registration certificate already issued (if any);
2. The dossier submitted to the provincial People's Committee by the Department of Natural Resources and Environment includes:
a) The report according to Model No. 03d issued together with this Circular;
b) The documents specified in Clause 1 of this Article;
c) The document of the competent authority proposing to adjust the Prime Minister's decision on land recovery, land allocation, land leasing, and permission to change the purpose of land use (if any);
d) A copy of the cadastral record or cadastral survey of the land plot (already included in the previous land allocation or leasing dossier).
3. The dossier for review sent to the Ministry of Natural Resources and Environment by the provincial People's Committee in cases requiring reporting to the Prime Minister includes:
a) The report according to Model No. 03đ issued together with this Circular;
b) The documents specified in Clause 1 of this Article;
c) The document of the competent authority proposing to adjust the Prime Minister's decision on land recovery, land allocation, land leasing, and permission to change the purpose of land use (if any);
d) A copy of the cadastral record or cadastral survey of the land plot (already included in the previous land allocation or leasing dossier).
4. The dossier submitted to the Prime Minister by the Ministry of Natural Resources and Environment includes:
a) Proposal to the Prime Minister;
b) The documents specified in Clause 3 of this Article;
c) The document of the relevant ministries and sectors providing comments on the proposal to adjust the Prime Minister's decision on land recovery, land allocation, land leasing, and permission to change the purpose of land use for projects requiring opinions from ministries and sectors (if any).”
Article 10. Amending and supplementing Circular No. 36/2014/TT-BTNMT dated June 30, 2014 detailing the method of land valuation, construction, adjustment of land price lists, specific land valuation, and consulting on determining land prices.
Amend and supplement Article 7 as follows:
"Article 7. Method of land price adjustment coefficient
The procedures and contents for determining land prices according to the land price adjustment coefficient method are implemented as follows:
1. Survey and collect information
a) Conduct surveys and collect information on the land prices of at least three plots that have been transferred on the market or won through land use rights auctions within a period not exceeding two years from the valuation date at each location (according to the land price list) within the valuation area.
In cases where there is insufficient information about land prices in the valuation area, collect information from adjacent areas with similar natural conditions, economic and social conditions, technical infrastructure, and social infrastructure.
During the process of surveying and collecting market land prices, the investigator shall comply with the provisions of Point d Clause 1 of Article 3 of this Circular.
b) For cases where the land plot can determine income and expenses from land use, collect information on income and expenses from land use of at least three plots to determine land prices according to the income approach at each location (according to the land price list) within the valuation area.
c) Collect information on economic and social conditions in the locality.
2. Determine the average market land price for each location
a) Statistically compile market land prices for each location based on collected information as stipulated in Points a and b Clause 1 of this Article.
b) The determination of the average market land price for each location shall be carried out in accordance with Clause 3 of Article 3 of Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government on land prices (hereinafter referred to as Decree No. 44/2014/NĐ-CP). In cases where market land prices concentrate within a certain range, the average market land price for each location is determined by calculating the arithmetic mean of the land prices at that location.
3. Determine the land price adjustment coefficient
The land price adjustment coefficient is determined based on the average market land price, specific economic and social conditions in the locality, and the land price in the land price list. In cases where there is insufficient information about market land prices to determine the average market land price as stipulated in Point b Clause 2 of this Article, it is based on specific economic and social conditions in the locality, specific land prices already decided by the competent authority, and the land price in the land price list to establish the land price adjustment coefficient.
The land price adjustment coefficient stipulated in Point b Clause 2 of Article 18 of Decree No. 44/2014/NĐ-CP is established for each type of land and location according to the project; in cases where there are many land recovery projects in the same area and share similar characteristics regarding natural conditions, economic and social conditions, technical infrastructure, and social infrastructure, the land price adjustment coefficient is established for each type of land and location according to the area.
4. Determine the land price of the plot to be valued
The land price of the plot to be valued = Land price in the land price list x Land price adjustment coefficient
Article 11. Amend and supplement Circular No. 37/2014/TT-BTNMT dated June 30, 2014 on detailed regulations regarding compensation, support, and resettlement when the State requisitions land.
1. Amend and supplement Article 5 as follows:
"Article 5. Determining the area of agricultural land for calculating support to stabilize living conditions when the State requisitions land.
1. The area of agricultural land requisitioned for calculating support to stabilize living conditions as stipulated in Point b Clause 3 Article 19 of Decree No. 47/2014/NĐ-CP shall be determined according to each decision on land requisition issued by the People's Committee with competent authority, without cumulating the areas of agricultural land previously requisitioned under previous decisions on land requisition.
2. The area of agricultural land receiving support to stabilize living conditions is the area of agricultural land currently being used by households and individuals within the commune, ward, or town where the land to be requisitioned is located at the time the decision on land requisition is made, including:
a) Agricultural land with origin from the State allocating such land directly for agricultural production by households and individuals when implementing Government Decree No. 64/CP dated September 27, 1993 on the allocation of agricultural land for households and individuals to use stably and long-term for agricultural purposes; Government Decree No. 85/1999/NĐ-CP dated August 28, 1999 amending and supplementing certain provisions of the regulation on the allocation of agricultural land for households and individuals to use stably and long-term for agricultural purposes and adding the allocation of salt-making land for households and individuals to use stably and long-term; allocating forestry land when implementing Government Decree No. 02/CP dated January 15, 1994 on the allocation of forestry land for organizations, households, and individuals to use stably and long-term for forestry purposes; Government Decree No. 163/1999/NĐ-CP dated November 16, 1999 on the allocation and leasing of forestry land for organizations, households, and individuals to use stably and long-term for forestry purposes; Government Decree No. 181/2004/NĐ-CP dated October 29, 2004 on the implementation of the Land Law; Clause 1 Article 54 of the 2013 Land Law;
b) Agricultural land currently being used by households and individuals who meet the conditions to be allocated agricultural land according to the laws on land, obtained through transfer, inheritance, gift, or reclamation as provided by law, confirmed by the People's Committee of the commune where the land to be requisitioned is located as directly engaged in agricultural production on that land;
c) Agricultural land currently being used by households and individuals who have been assigned land from state-owned farms for agricultural, forestry, and aquaculture purposes (excluding special-use forests and protective forests), when the State requisitions such land and they are directly engaged in agricultural and forestry production and have stable income from agricultural production on that land;
d) Agricultural land currently being used by households and individuals who have been assigned land from companies converted from state-owned farms (excluding special-use forests and protective forests) and are directly engaged in agricultural production and have stable income from agricultural production on that land;
đ) Agricultural land currently being used by households and individuals who have been assigned land from agricultural production groups or agricultural cooperatives and are directly engaged in agricultural production and have stable income from agricultural production on that land.
3. In cases where households and individuals using land as stipulated in Clause 2 of this Article have less than 30% of their agricultural land requisitioned and the requisition affects their living and production conditions, the Chairman of the Provincial People's Committee shall decide on other support measures provided for in Article 25 of Decree No. 47/2014/NĐ-CP based on the actual situation in the locality to be appropriate."
2. Supplement Article 5a as follows:
"Article 5a. The land price serving as the basis for calculating support for individuals using state-owned housing within the scope of land to be demolished and requisitioned
The land price serving as the basis for calculating support for individuals using state-owned housing within the scope of land to be demolished and requisitioned, in cases where there is no resettlement housing available as stipulated in Clause 2 Article 14 of Decree No. 47/2014/NĐ-CP, is the specific land price determined according to the method of adjusting land prices."
3. Supplement Article 6a as follows:
"Article 6a. Compensation and support for the remaining area of agricultural land and non-agricultural land that is not residential land after requisition which does not meet the conditions for continued use
Households and individuals currently using agricultural land and non-agricultural land that is not residential land, when the State requisitions land, if the remaining area of the plot after requisition does not meet the conditions for continued use as prescribed by the provincial People's Committee, and if the land user requests the land to be requisitioned, the competent People's Committee shall consider and decide on the requisition of land. In the event of land requisition, compensation and support shall be carried out in accordance with the law and reflected in the compensation, support, and resettlement plan."
Article 12. Amend and supplement Circular No. 02/2015/TT-BTNMT dated January 27, 2015 detailing certain provisions of Decrees No. 43/2014/NĐ-CP and No. 44/2014/NĐ-CP of the Government.
1. Amend and supplement Clause 1 of Article 11 as follows:
"1. The cases of changing land use purposes without requesting permission from competent state agencies but must be registered for changes, including:
a) Changing annual crop land to other agricultural land, including land used to build greenhouses and other types of buildings serving cultivation purposes; land for building livestock and poultry sheds and other animals permitted by law; aquaculture for educational, research, and experimental purposes;
b) Changing other annual crop land or aquaculture land to perennial crop land;
c) Changing perennial crop land to aquaculture land or annual crop land;
d) Changing residential land to non-agricultural land that is not residential;
đ) Changing commercial and service land to non-agricultural production and business land that is not commercial and service land; changing non-agricultural production and business land that is not commercial and service land or non-agricultural production base land to construction land for public works."
2. Amend and supplement Article 8 as follows:
"Article 8. Land use in the case of company conversion, converting a private enterprise into a limited liability company
In the case of converting from a limited liability company to a joint-stock company or vice versa, from a single-member limited liability company to a multi-member limited liability company or vice versa, or converting a private enterprise into a limited liability company, except in the case of state-owned enterprise shareholding reform, the land use shall be implemented according to the following regulations:
1. In the case of converting a business without changing the land use purpose, it shall be handled as follows:
a) In the case where the business before conversion was granted land by the State without payment of land use fee or was leased land by the State with one-time payment for the entire lease period, was granted land with payment of land use fee, received transfer of land use rights with payment of land use fee, lease fee already paid, or transfer price already paid from the State budget, then the Department of Natural Resources and Environment shall submit to the provincial People's Committee for decision on granting land or leasing land to the business after conversion according to the laws on land.
The land price for calculating land use fee or lease fee is the specific land price decided by the provincial People's Committee at the time when the State grants land or leases land to the business after conversion;
b) In the case where the business before conversion was leased land by the State with annual lease fee payment or was granted land with payment of land use fee, leased land by the State with one-time payment for the entire lease period, received transfer of land use rights with payment of land use fee, lease fee already paid, or transfer price already paid not from the State budget, then the business after conversion shall be responsible for registering changes in land and attached assets according to the procedures stipulated in Article 85 of Decree No. 43/2014/NĐ-CP; sign again the land lease contract with the Department of Natural Resources and Environment in the case of leasing land without issuing a new lease decision.
The land price for calculating lease fee for the case where the business after conversion leases land with annual lease fee payment is the land price decided for calculating lease fee for the business before conversion if the company conversion date falls within the five-year stable lease fee cycle and must be reassessed according to the provisions of Decree No. 46/2014/NĐ-CP dated May 15, 2014 of the Government on collecting land lease fees and water surface fees (hereinafter referred to as Decree No. 46/2014/NĐ-CP) when the five-year stable lease fee cycle ends.
2. In the case of converting a business simultaneously with changing land use purpose, the procedure for changing land use purpose shall be carried out concurrently with the procedures for granting land, leasing land, or registering changes in land and attached assets stipulated in Clause 1 of this Article.
For the case of changing land use purpose requiring permission from competent state agencies, the land price for calculating land use fee or lease fee is the specific land price decided by the provincial People's Committee at the time of the decision on changing land use purpose by competent state agencies."
3. Supplement Clause 3 to Article 17 as follows:
"3. In the case where the Certificate of Land Use Right issued previously specifies an indefinite term for agricultural land use, when reissuing the Certificate of Land Use Right, the term of land use must be reassessed according to the provisions of the Land Law 2013."
Chapter IV
EFFECTIVE DATE OF IMPLEMENTATION
Article 13. Effective Date
1. This Circular takes effect from December 5, 2017.
2. Repeal Article 23 of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment.
3. Repeal Article 12 and Article 14 of Circular No. 37/2014/TT-BTNMT dated June 30, 2014 of the Minister of Natural Resources and Environment.
Article 14. Responsibilities for Implementation
1. The National Land Management Agency is responsible for inspecting and urging the implementation of this Circular.
2. Provincial People's Committees have the responsibility to direct the implementation of this Circular in their localities and review and repeal local regulations contrary to the provisions of this Circular.
3. Departments of Natural Resources and Environment are responsible for assisting Provincial People's Committees in organizing the implementation of this Circular in their localities.
4. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals should promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.
DEPUTY MINISTER
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