Circular No. 61/2015/TT-BTNMT on the issuance and management of land valuation certificates

CIRCULAR

PROVISIONS ON THE ISSUE AND MANAGEMENT OF LAND VALUATION CERTIFICATES

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

On the basis of Decision No. 44/2014/NĐ-CP dated May 15, 2014, of the Government on land prices;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the General Department of Sports The Department of Land Management and the Director of the Legal Department, Ministry of Natural Resources and Environment promulgates this Circular on the issue and management of land valuation certificates.

This Circular stipulates the issuance and management of land valuation certificates. Individuals requesting the issuance of land valuation certificates; state agencies managing natural resources and environment; organizations and other individuals related to the issuance and management of land valuation certificates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

ISSUANCE AND MANAGEMENT OF LAND VALUATION CERTIFICATES

Article 2. Applicability

Article 3. Model of Land Valuation Certificate

Chapter II

1. The land valuation certificate is issued by the Ministry of Natural Resources and Environment according to a unified model and applied nationwide. The land valuation certificate consists of one sheet with four pages, the cover page (pages 1 and 4) printed with a red-brown background and the content page (pages 2 and 3) printed with a light yellow pattern of bronze drums. The certificate has dimensions of 130mm x 190mm (referred to as the land valuation certificate model), including the following main contents:

a) Page 1 includes the National Emblem, National Emblem, and the phrase “LAND VALUATION CERTIFICATE” in gold foil.

b) Page 2 printed in black ink includes: the phrase “”; the photo of the trainee; “Valid until:” and “Certificate Number:”.

The Certificate Number consists of seven digits, of which: the first three digits are the serial number of the certificate starting from 001 to 999, followed by the book number consisting of two digits starting from 01 to 10 and the year of issuance consisting of the last two digits of the issuance year.c) Page 3 printed in black ink includes: the phrase “National Emblem”; “”; “Issued to Mr./Mrs.:”; "Date of Birth:"; “Nationality:”; “ID Card/Identity Card/Passport Number”; “Date of Issue”; “Place of Issue”; “Authorized to practice land valuation consultancy throughout the country”; date, month, year of signing the land valuation certificate; person signing the land valuation certificate.d) Page 4 printed in white ink includes: the phrase “The holder of the land valuation certificate must comply with the following regulations:

1. Not to alter or erase any part or content of the land valuation certificate;MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT2. Not to lease, lend, or allow other organizations or individuals to use their name and land valuation certificate for land valuation consultancy activities;

3. Not to use it for other purposes not permitted by law.”

2. The specific content and form of the land valuation certificate as stipulated in Clause 1 of this Article shall be implemented according to the model prescribed in Appendix No. 01 attached to this Circular.c) Page 3 printed in black ink includes: the phrase “National Emblem”; “”; “Issued to Mr./Mrs.:”; "Date of Birth:"; “Nationality:”; “ID Card/Identity Card/Passport Number”; “Date of Issue”; “Place of Issue”; “Authorized to practice land valuation consultancy throughout the country”; date, month, year of signing the land valuation certificate; person signing the land valuation certificate.”; “MINISTER OF NATURAL RESOURCES AND ENVIRONMENT3. The Department of Land Management is responsible for organizing the printing and managing the model of the land valuation certificate.

Article 4. Conditions for Issuing a Land Valuation Certificate

1. Having civil capacity;

2. Possessing moral integrity, honesty, impartiality, and objectivity;

3. Having professional qualifications as prescribed in Point c Clause 2 Article 20 of Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government on land prices (hereinafter referred to as Decree No. 44/2014/ND-CP);

4. Having work experience as prescribed in Point d Clause 2 Article 20 of Decree No. 44/2014/ND-CP;

5. Holding a certificate of completion of a land valuation training course according to the training program issued by the Ministry of Natural Resources and Environment.

Article 5. Procedures for Issuing a Land Valuation Certificate

An individual granted a Land Valuation Certificate must meet the following conditions:

1. The application dossier for issuing a land valuation certificate includes:

a) An application form for issuing a land valuation certificate according to the model prescribed in Appendix No. 02 attached to this Circular;

b) A certificate of completion of a land valuation training course;

c) A bachelor's or master's degree diploma in the specified major or specialization as prescribed in Point c Clause 2 Article 20 of Decree No. 44/2014/ND-CP;

d) Identity card or Citizen Identification Card or Passport (hereinafter referred to as personal identification documents) of the applicant for the land valuation certificate.

đ) A confirmation letter from the workplace organization regarding work experience according to the model prescribed in Appendix No. 03 attached to this Circular;

e) Two (2) color photographs measuring 4x6 cm taken within six months prior to the date of application for the land valuation certificate.

The documents prescribed in Points b, c, d, and đ of this Clause are certified copies; in cases where certification is not available, the applicant for the land valuation certificate must present the original documents for verification when submitting the application dossier at the Single Window Office of the Ministry of Natural Resources and Environment (hereinafter referred to as the Single Window Office).

2. The procedures for receiving the application dossier for issuing a land valuation certificate are as follows:

a) Submitting the application dossier for issuing a land valuation certificate: The applicant submits one set of the dossier directly at the Single Window Office or sends it via postal service to the Single Window Office - Ministry of Natural Resources and Environment; address: No. 10 Ton That Thuyet Street, My Dinh 1 Ward, Nam Tu Liem District, Hanoi City;

b) Time for receiving the dossier: From 8:00 am to 11:30 am in the morning; from 1:30 pm to 5:00 pm in the afternoon from Monday to Friday each week (excluding public holidays and Tet holidays);

c) The Single Window Office’s receipt of the dossier:

In the case of submitting the dossier directly at the Single Window Office, the civil servant responsible for receiving the dossier is required to check, confirm, and write a notice of result delivery date for the dossier submitter if the dossier is complete according to regulations; guide the dossier supplement for cases where the dossier is incomplete according to regulations.

In the case of sending the dossier via postal service to the Single Window Office, the civil servant responsible for receiving the dossier is required to check, confirm, and notify the result delivery date for the dossier submitter via telephone or email if the dossier is complete according to regulations; guide the dossier supplement via telephone or email for cases where the dossier is incomplete according to regulations;

d) The Single Window Office forwards the application dossier for issuing a land valuation certificate to the Department of Land Management within a period of no more than one working day from the date of receiving the complete dossier according to regulations;

a) Submitting the application file for issuance of the Land Valuation Certificate: The applicant submits one set of application files directly at the One-stop Service Office or sends them via postal service to the One-stop Service Office - Ministry of Natural Resources and Environment; address: No. 10 Ton That The Street, My Dinh 1 Ward, Nam Tu Liem District, Hanoi City;

b) Time for receiving application files: From 8:00 AM to 11:30 AM in the morning; from 1:30 PM to 5:00 PM in the afternoon from Monday to Friday each week (excluding public holidays and Tet holidays);

c) Receiving application files at the One-stop Service Office:

For cases where the application files are submitted directly at the One-stop Service Office, the civil servant responsible for receiving the files shall check, confirm, and issue a notice of the result delivery date to the applicant if the files are complete according to regulations; guide the supplementation of incomplete files according to regulations;

For cases where the application files are sent via postal service to the One-stop Service Office, the civil servant responsible for receiving the files shall check, confirm, and notify the result delivery date to the applicant via telephone or email if the files are complete according to regulations; guide the supplementation of incomplete files via telephone or email according to regulations;

The One-stop Service Office shall forward the application file for issuance of the Land Valuation Certificate to the General Department of Land Administration within no more than one working day from the date of receipt of the complete application files according to regulations;

d) The Land Management General Department shall be responsible for reviewing the file; in cases where the conditions for issuing the Land Valuation Certificate are met, the Director of the Land Management General Department shall examine and sign on behalf of (TUQ) the Minister of Natural Resources and Environment to issue the Land Valuation Certificate within fifteen days from the date of receiving all valid files. The decision on issuing the Land Valuation Certificate shall follow the model prescribed in Appendix No. 05 issued together with this Circular;

e) The Land Management General Department shall send the Land Valuation Certificate to the One-Stop Office within one working day from the date of signing the decision to issue the Land Valuation Certificate.

3. Procedures and formalities for delivering the results of issuing the Land Valuation Certificate:

a) Individuals requesting the issuance of the Land Valuation Certificate shall collect the result directly at the One-Stop Office or through postal service;

b) Civil servants delivering the Land Valuation Certificate shall be responsible for checking the identification documents and appointment slips of the individuals requesting the certificate; guiding the individuals collecting the Land Valuation Certificate to sign for receipt in the Land Valuation Certificate issuance logbook and handing over the Land Valuation Certificate; in cases where the certificate is delivered via postal service, guiding the postal service staff to sign for receipt in the Land Valuation Certificate issuance logbook;

c) Time for delivering the results of issuing the Land Valuation Certificate: From 8:00 am to 11:30 am in the morning; from 1:30 pm to 5:00 pm in the afternoon from Monday to Friday each week (excluding public holidays and Tet holidays).

Article 6. Procedures and formalities for renewing and reissuing the Land Valuation Certificate

1. Individuals shall be entitled to renew the Land Valuation Certificate when it has expired; and be entitled to reissue the Land Valuation Certificate when it is faded, torn, deteriorated, or lost.

2. The application dossier for renewing and reissuing the Land Valuation Certificate shall include:

a) An application form for renewing and reissuing the Land Valuation Certificate according to the model prescribed in Appendix No. 04 issued together with this Circular;

b) A certificate of completion of land valuation training course within one year prior to the date of applying for renewal of the Land Valuation Certificate (a certified copy; in cases where there is no certified copy, the individual applying for renewal of the Land Valuation Certificate must bring the original for verification);

c) The previously issued Land Valuation Certificate for cases of renewal or reissuance due to fading, tearing, or deterioration;

d) Documents with confirmation from the police agency or People's Committee of commune, ward, or town for cases of loss of the Land Valuation Certificate;

đ) Two (02) color photographs measuring 4x6 cm taken within six months prior to the date of applying for renewal or reissuance of the Land Valuation Certificate.

3. Procedures and formalities for receiving the application dossier and delivering the results of renewing and reissuing the Land Valuation Certificate shall be carried out in accordance with the provisions of Article 5 of this Circular.

Article 7. Validity Period of the Land Valuation Certificate

1. The Land Valuation Certificate is valid for five years, except in cases where the Land Valuation Certificate is revoked according to the provisions of Article 8 of this Circular.

In cases of reissuing the Land Valuation Certificate, the validity period of the certificate shall be the remaining period of the previously issued Land Valuation Certificate.

2. The Land Valuation Certificate has legal validity for individuals practicing land valuation consultancy services in organizations authorized to provide land valuation consultancy services as stipulated in Article 20 of Decree No. 44/2014/NĐ-CP.

Article 8. Revocation of Land Valuation Certificate

1. The Land Valuation Certificate shall be revoked in the following cases:

a) Repairing, forging, or cheating with academic credentials, certificates, or making false declarations about work experience and duration to meet the conditions for issuing the Land Valuation Certificate as stipulated in Article 4 of this Circular;

b) The person holding the Land Valuation Certificate loses their capacity for civil acts;

c) The person holding the Land Valuation Certificate lends or rents the certificate to others for engaging in land valuation consultancy services.

d) Other cases as prescribed by law.

2. The revocation of the Land Valuation Certificate shall be based on inspection reports, audit conclusions from competent state agencies determining violations, court judgments, or decisions of the People's Court concerning the cases specified in Clause 1 of this Article.

3. Based on the provisions of Clause 2 of this Article, the Director of the National Land Administration Bureau shall examine and sign on behalf of (TUQ) the Minister of Natural Resources and Environment to decide on the revocation of the Land Valuation Certificate according to the form prescribed in Appendix No. 06 issued together with this Circular.

The decision to revoke the Land Valuation Certificate shall be sent to the person whose certificate is revoked, their workplace agency, and simultaneously published on the Ministry of Natural Resources and Environment’s electronic portal and the National Land Administration Bureau’s electronic portal; the person whose Land Valuation Certificate is revoked shall be responsible for returning the certificate to the One-Stop Office and signing the certificate revocation record within thirty days from the date of receipt of the decision.

The person whose Land Valuation Certificate is revoked shall not engage in land valuation consultancy services from the date the decision to revoke the Land Valuation Certificate takes effect.

4. The person whose Land Valuation Certificate is revoked has the right to appeal against the revocation of the Land Valuation Certificate in accordance with the law on appeals.

Article 9. Funding for Issuance of Land Valuation Certificate

The funding for issuing, renewing, and reissuing the Land Valuation Certificate shall be sourced from the regular budget allocated according to the functions of the National Land Administration Bureau.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from March 1, 2016.

2. This Circular abolishes Article 36 of Circular No. 36/2014/TT-BTNMT dated June 30, 2014, issued by the Minister of Natural Resources and Environment detailing the methods of land valuation, construction, adjustment of land price lists; specific land valuation, and land valuation consultancy services.

Article 11. Responsibility for Implementation

1. The National Land Administration Bureau is responsible for organizing the implementation of this Circular.

2. The Director of the National Land Administration Bureau is responsible for signing on behalf of (TUQ) the Minister of Natural Resources and Environment to issue, renew, reissue, and revoke the Land Valuation Certificate; regularly reporting to the Minister of Natural Resources and Environment on the results of issuing, renewing, reissuing, and revoking the Land Valuation Certificate before December 31 each year.

3. The One-Stop Office is responsible for organizing the acceptance of applications and issuance of the Land Valuation Certificate results; coordinating with the National Land Administration Bureau in issuing, renewing, reissuing, and revoking the Land Valuation Certificate as prescribed.

4. Organizations with the function of providing land valuation consultancy services are responsible for managing individuals engaged in land valuation consultancy services within the organization and regularly reporting to the Ministry of Natural Resources and Environment (through the National Land Administration Bureau) before December 15 each year.

5. The Ministry's Office, Legal Department, Cadre and Civil Servant Organization Department, and related agencies, organizations, and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals should promptly report them to the Ministry of Natural Resources and Environment for consideration and resolution./.