Decree No. 53/2017/ND-CP stipulates the types of legal documents regarding land for issuing construction permits

DECREE

Article 24stipulates the types of lawful land documents for issuing construction permits

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Construction Law dated June 18, 2014;

At the proposal of the Minister of Construction;

The Government issues this Decree stipulating the types of lawful land documents for issuing construction permits.

Article 1. Scope of Regulation

1. This Decree stipulates the types of lawful land documents for issuing construction permits; the responsibilities of agencies, organizations, and individuals related to the use of lawful land documents for issuing construction permits.

2. The types of lawful land documents serving as the basis for establishing land use rights of organizations and individuals shall be implemented in accordance with the laws on land.

3. The issuance of construction permits shall be carried out in accordance with the laws on construction.

Article 2. Applicability

This Decree applies to organizations, households, and individuals requesting construction permits (hereinafter referred to collectively as investors); agencies implementing the issuance of construction permits, and other relevant agencies, organizations, and individuals.

Article 3. Types of lawful land documents for issuing construction permits

The lawful land documents for issuing construction permits specified in this Decree are documents belonging to one of the following categories:

1. Land use right certificate issued in accordance with the Land Law of 1987, the Land Law of 1993, the Law Amending and Supplementing Certain Provisions of the Land Law of 2001, and the Land Law of 2003.

2. Land use right certificate, ownership certificate of housing and other assets attached to land issued in accordance with the Land Law of 2013, and the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment of 2009.

3. Ownership certificate of housing and land use right certificate issued in accordance with Decision No. 60/CP dated July 5, 1994 of the Government on ownership of housing and land use rights in urban areas, and Decision No. 61/CP dated July 5, 1994 of the Government on the purchase and sale of housing.

4. Ownership certificate of housing; ownership certificate of construction works already issued in accordance with the Housing Ordinance of 1991, the Housing Law of 2005, Decision No. 81/2001/NĐ-CP dated November 5, 2001 of the Government on Vietnamese citizens residing abroad purchasing houses in Vietnam, Decision No. 95/2005/NĐ-CP dated July 15, 2005 of the Government on issuing ownership certificates of housing and construction works, Decision No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Housing Law, Decision No. 51/2009/NĐ-CP dated June 3, 2009 guiding the implementation of certain provisions of Resolution No. 19/2008/QH12 dated June 3, 2008 of the National Assembly on piloting allowing foreign organizations and individuals to purchase and own houses in Vietnam, Articles 31 and 32 of Decision No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law, and other certificates regarding ownership of housing and construction works issued in accordance with the laws on land, housing, and construction at different periods.

5. Types of documents meeting the conditions for issuing land use right certificates, ownership certificates of housing and other assets attached to land but not yet issued include: Documents prescribed in Article 100 of the Land Law of 2013, Article 18 of Decision No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law of 2013, and Clause 16 of Article 2 of Decision No. 01/2017/NĐ-CP dated January 6, 2017 amending and supplementing certain Decrees detailing the implementation of the Land Law, or confirmation letters from the People's Committee of the commune and confirmed by the land registration agency as meeting the conditions for issuing land use right certificates, ownership certificates of housing and other assets attached to land.

6. Land documents for cases where land is granted, leased, or transferred for a different purpose by the State after July 1, 2004 but without land use right certificates, ownership certificates of housing and other assets attached to land as prescribed by the laws on land, including: Decisions on land allocation by competent state authorities or Decisions on land leasing by competent state authorities and accompanying lease contracts (if any), or documents on winning land use rights through auction, bidding projects using land, or Decisions on permission to change land use purposes by competent state authorities.

7. Reports on land use status verification and declaration for cases where religious organizations are currently using land but have not been issued land use right certificates, ownership certificates of housing and other assets attached to land, which are verified and decided upon by the provincial People's Committee according to Article 28 of Decision No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law.

8. Documents on the classification of historical and cultural relics and scenic spots for cases where construction permits are issued for new construction, repair, renovation, or relocation of historical and cultural relics and scenic spots but have not been issued land use right certificates, ownership certificates of housing and other assets attached to land as prescribed in Article 27 of Decision No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law of 2013.

9. Land use right certificate or approval letter from the district People's Committee on the location of construction for advertising boards, telecommunications stations, antenna towers in areas not included in the group of lands intended for construction and not allowed to change land use purposes.

10. Land lease contract concluded between the investor of the construction project and the manager or user of the transportation infrastructure or approval document of the competent state management authority on transportation for construction projects permitted within the scope of land allocated for transportation as prescribed by law.

11. Official document of the competent state agency permitting the change of land use purpose for cases where the land user already has lawful land papers as stipulated in Clauses 1, 2, 3, 4, and 5 of this Article but requests to be issued a construction permit for a different purpose from that recorded on such papers.

12. Official document of the competent state agency issuing the land use right certificate upon the request of the construction permit issuing authority to determine the area of various types of land for cases where the land user holds one of the lawful land papers as stipulated in Clauses 1, 2, 3, 4, and 5 of this Article but such papers do not clearly record the area of various types of land as a basis for issuing a construction permit.

Article 4. Responsibilities of Ministries, Agencies, and Related Units

1. The Ministry of Construction shall take the lead and coordinate with the Ministry of Natural Resources and Environment to organize the dissemination, guidance, and inspection of the use of lawful land papers to issue construction permits as prescribed in this Decree; at the same time, review and improve relevant guiding provisions, including procedures and documents for issuing construction permits in accordance with the laws on construction.

2. The Ministry of Natural Resources and Environment shall organize the review and improvement of relevant provisions concerning procedures and documents for issuing various types of lawful land papers in accordance with the laws on land.

3. Provincial People's Committees directly under the central government shall be responsible for organizing training for civil servants of construction permit issuing agencies and local land management agencies to properly implement the provisions of this Decree during the process of issuing construction permits; organizing the implementation of supervision, inspection, and handling of violations of this Decree and other related laws; and regularly reporting to the Ministry of Construction and the Ministry of Natural Resources and Environment any arising issues for consolidation and reporting to the Government.

4. Construction permit issuing agencies shall base their issuance of construction permits according to the provisions of this Decree and other related laws; creating favorable conditions for agencies, organizations, and individuals in carrying out construction activities.

5. The project investor shall be responsible for the accuracy and honesty in providing lawful land papers as prescribed in this Decree when implementing the procedure for issuing construction permits; fulfilling all financial obligations related to land in accordance with the law.

Article 5. Implementation Provisions

This Decree takes effect from June 25, 2017.

Article 6. Transitional provisions

In cases where applications for construction permits have been submitted before the effective date of this Decree but have not yet received construction permits, the project investor shall update the lawful land papers in accordance with this Decree to obtain the construction permit.

Article 7. Responsibility for Implementation

1. The Minister of Construction shall be responsible for guiding and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and centrally governed city People's Committees shall be responsible for implementing this Decree./