Decree No. 88/2009/NĐ-CP On Issuing Land Use Right Certificates, House Ownership Certificates, and Certificates for Other Assets Attached to the Land

DECREE

Regarding the issuance of Land Use Right Certificate,

ownership of houses and other assets attached to land

________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Land Law dated November 26, 2003;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Forest Protection and Development Law dated December 3, 2004;

Based on the Civil Code dated June 14, 2005;

Pursuant to the Law on Housing dated November 29, 2005;

Based on the Law amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law dated June 18, 2009;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment on June 19, 2009;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the issuance of Land Use Right Certificate, ownership of houses, and ownership of other assets attached to land (hereinafter referred to as Certificate); conditions for delegating the issuance of the Certificate; dossier, procedures, and steps for issuing the Certificate.

Article 2. Applicability

1. State management agencies for natural resources and environment; state management agencies for housing and construction works; state management agencies for agriculture and other relevant state management agencies.

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

Article 3. Principles for Issuing Certificates

1. The Certificate shall be issued to persons having land use rights, ownership of houses, and ownership of other assets attached to land, according to each plot of land. In cases where a land user is currently using multiple plots of agricultural land for annual crops, aquaculture land, salt-making land within the same commune, ward, or town and requests it, a single Certificate may be issued for all such plots.

2. For plots of land with multiple land users, multiple owners of houses, and other assets attached to land, the Certificate shall be issued to each individual land user, owner of a house, and owner of other assets attached to land.

3. The Certificate shall be issued to the applicant after completing financial obligations related to the issuance of the Certificate, except in cases where payment is not required, exempted, or recorded as debt according to the law; in cases where the State leases land, the Certificate shall be issued after the land user has signed the lease agreement and fulfilled financial obligations according to the signed agreement.

Article 4. Houses and other assets attached to land that are certified for ownership

1. Certification of ownership of houses and ownership of other assets attached to land shall only be carried out for plots of land that are eligible for certification of land use rights according to the law.

2. Houses and other assets attached to land (hereinafter collectively referred to as assets attached to land) legally owned by domestic organizations, households, individuals; community residents; overseas Vietnamese; foreign organizations, and foreign individuals shall be certified for ownership in the Certificate including houses, construction works, perennial trees, and planted production forests.

Article 5. Conditions for Delegating the Issuance of Certificates

The People's Committee of the province delegates the Department of Natural Resources and Environment to issue Certificates to domestic organizations, religious institutions, overseas Vietnamese, foreign organizations, and foreign individuals and affixes the seal of the Department of Natural Resources and Environment when the following conditions are met:

1. A Land Registration Office under the Department of Natural Resources and Environment has been established;

2. The Land Registration Office has a staff structure, specialized personnel, and material and technical facilities meeting the requirements for issuing Certificates.

Scope and fields covered by the Certificate;

The Certificate includes the following main contents:

1. National emblem, name of the Certificate "Land Use Right Certificate, Ownership of House, and Ownership of Other Assets Attached to Land";

2. Land user, owner of the house, and owner of other assets attached to land;

3. Plot of land, house, and other assets attached to land;

4. Sketch map of the plot of land, house, and other assets attached to land;

5. Changes after the issuance of the Certificate.

Chapter II

CASES ELIGIBLE FOR ISSUANCE OF CERTIFICATE

Article 7. Certification of Land Use Rights

A land user shall be certified for land use rights if they fall under one of the cases prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 49 of the Land Law.

Article 8. Certification of Ownership of Housing

The owner of housing shall be certified for ownership of housing if they belong to the category of persons entitled to own housing in Vietnam according to the laws on housing and have documents proving the lawful establishment of housing as follows:

1. Households and individuals in Vietnam must have one of the following types of documents:

a) Construction permit for housing in cases where a construction permit is required according to the laws on construction;

b) Contract for the sale of state-owned housing as stipulated in Decree No. 61/CP dated July 5, 1994 of the Government on the sale and business of housing or documents regarding the liquidation or valuation of state-owned housing before July 5, 1994;

c) Documents regarding the transfer or gift of patriotic houses, charitable houses, or solidarity houses;

d) Documents regarding the ownership of housing issued by competent authorities through various periods when such real estate was not subject to national ownership established by the State according to Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly Session XI "on real estate managed and allocated by the State during the implementation of policies on real estate management and socialist transformation before July 1, 1991" and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly "regulating the handling of specific cases concerning real estate during the implementation of policies on real estate management and socialist transformation before July 1, 1991";

đ) Documents regarding the sale, gift, exchange, or inheritance of housing that have been certified by a notary or confirmed by the People's Committee according to the law;

In cases where housing is acquired through purchase, gift, exchange, inheritance, or other forms regulated by law from the date the Housing Law comes into effect, there must be a document regarding such transaction as stipulated in Article 93 of the Housing Law.

In cases where housing is purchased from a business engaged in construction for sale, there must be a housing sales contract signed by both parties; in cases of purchasing housing from July 1, 2006 (the date the Housing Law came into effect), in addition to the housing sales contract, the seller must also have one of the documents regarding the housing development project for sale (approval decision for the project or investment decision or investment permit or investment certificate);

e) Court judgment or decision or document from a competent state agency resolving the ownership of housing that has taken legal effect;

g) In cases where the person requesting certification of housing ownership has one of the documents specified in points a, b, c, d, đ, and e of this clause but the name on the document is of another person, there must be one of the documents regarding the sale, gift, exchange, or inheritance of housing before July 1, 2006 with signatures of all relevant parties and must be confirmed by the People's Committee at the commune level; in cases where housing is purchased, gifted, exchanged, or inherited before July 1, 2006 without documents regarding the sale, gift, exchange, or inheritance of housing with signatures of all relevant parties, it must be confirmed by the People's Committee at the commune level about the time of purchase, gift, exchange, or inheritance of housing;

h) In cases where domestic individuals do not have any of the documents specified in points a, b, c, d, đ, and e of this clause, there must be a document confirming by the People's Committee at the commune level that the housing was built before July 1, 2006, there is no dispute over the housing, it was built before the land use plan or detailed urban construction plan or rural residential area planning was established according to the law; in cases where housing is constructed from July 1, 2006, there must be a document confirming by the People's Committee at the commune level that the housing does not require a construction permit, there is no dispute, and meets the planning conditions as in the case of housing built before July 1, 2006.

2. Overseas Vietnamese must have the following documents:

a) Documents regarding the sale, gift, inheritance, or other forms of housing ownership according to the laws on housing;

b) One of the documents of the transferring party as stipulated in Clause 1 and Clause 3 of this Article.

3. Domestic organizations, overseas Vietnamese implementing investment projects, foreign organizations, and foreign individuals must have documents as follows:

a) In cases of constructing housing for lease, there must be one of the documents regarding the housing leasing project (approval decision for the project or investment decision or investment permit or investment certificate);

b) In cases of purchasing, receiving gifts, inheriting housing, or other forms of housing ownership according to the law, there must be documents regarding such transactions according to the laws on housing.

4. In cases where the owner of housing is not simultaneously the land user, in addition to documents proving housing ownership as stipulated in Clauses 1, 2, and 3 of this Article, there must be a lease agreement, capital contribution agreement, joint venture agreement, or approval document of the land user agreeing to construct housing which has been notarized or certified according to the law and a copy of the document regarding land use rights according to the laws on land.

Article 9. Certification of Ownership Rights to Construction Works

Households, individuals within the country, community residents, overseas Vietnamese; foreign individuals, domestic organizations, foreign organizations shall be certified ownership rights to construction works according to the following provisions:

1. Households, individuals within the country, community residents must have one of the following types of documents:

a) Construction permit for cases where construction permission is required under laws on construction.

b) Documents on ownership of construction works issued by competent authorities at various periods, except cases where the State has managed and allocated for use.

c) Purchase, gift, or inheritance documents of construction works in accordance with laws that have been notarized or certified by People's Committees.

d) Court documents or documents from competent state agencies resolving ownership of construction works that have taken legal effect.

đ) In cases where the person requesting certification of ownership rights to construction works has one of the documents specified in points a, b, c, and d of this clause but the name on the document is of another person, they must have one of the purchase, gift, exchange, or inheritance documents of construction works before July 1, 2004 (the date the Construction Law came into effect), signed by all relevant parties and confirmed by People's Committees at the commune level or higher; in cases of purchasing, receiving gifts, exchanging, or inheriting construction works before July 1, 2004 without documents showing such transactions signed by all relevant parties, it must be confirmed by the People's Committee at the commune level on the application for issuance of the ownership certificate regarding the time of purchase, receipt of gift, exchange, or inheritance of construction works.

e) In cases where domestic individuals do not have any of the documents specified in points a, b, c, and d of this clause, they must be confirmed by the People's Committee at the commune level that the construction work was built before July 1, 2004, there is no dispute over ownership rights, and the construction work was built before land use planning or construction planning was established or must comply with planning regulations if constructed after such plans were established; in cases where the construction work was built from July 1, 2004 onwards, it must have a document from the People's Committee at the commune level confirming that the construction work does not require a construction permit, there is no dispute, and it meets the planning conditions as if it had been built before July 1, 2004.

2. Domestic organizations, foreign organizations, foreign individuals, overseas Vietnamese must have documents as follows:

a) In cases of establishing construction works through new construction investment as prescribed by law, they must have a decision approving the project or a decision on project investment or an investment permit or an investment certificate or a construction permit issued by a competent authority and documents on land use rights in accordance with laws on land or a land lease contract with the land user having a purpose of land use consistent with the purpose of constructing the work.

b) In cases of establishing construction works through one of the forms of purchase, receipt of gift, exchange, inheritance, or other forms as prescribed by law, they must have transaction documents in accordance with laws.

c) In cases where none of the documents specified in points a and b of this clause are available, they must be confirmed by the provincial construction management agency that the construction work existed before the establishment of construction planning and still complies with the approved construction planning by competent state agencies, there is no dispute over ownership rights to the construction work.

3. In cases where the owner of the construction work is not simultaneously the land user, in addition to documents proving ownership rights to the construction work as stipulated in Clause 1 and Clause 2 of this Article, they must have a document of consent from the land user agreeing to construct the work, which has been notarized or certified in accordance with laws, and a copy of the document on land use rights in accordance with laws on land.

Article 10. Certification of ownership rights for production forests that are planted forests

The owner of a production forest that is a planted forest shall be certified the ownership right to the forest if the capital used for planting the forest, receiving transferred forest, being allocated forest with payment not having its origin from the state budget and possessing one of the following documents:

1. Documents on allocation of production forests that are planted forests;

2. Contracts or documents regarding the sale, gift, or inheritance of production forests that are planted forests already certified by a notary or verified by the People's Committee at the commune or district level according to the law;

3. Court decisions or documents of competent state agencies resolving the ownership rights of production forests that are planted forests which have become legally effective;

4. In cases where households, individuals, or community residents do not possess the documents stipulated in Clauses 1, 2, and 3 of this Article but plant production forests with their own capital, they must obtain confirmation from the People's Committee at the commune level that there is no dispute over the ownership rights to the forest;

5. For domestic organizations implementing projects to plant production forests using capital without its origin from the state budget, they must have a decision approving the project or a decision investing in the project or a certificate of investment to plant production forests according to the law on investment;

6. For foreign organizations, foreign individuals, overseas Vietnamese implementing projects to plant production forests, they must have a decision approving the project or a decision investing in the project or an investment permit or an investment certificate to plant production forests according to the law on investment;

7. In cases where the owner of a production forest that is a planted forest is not simultaneously the land user, in addition to the documents stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, they must have an agreement document allowing the use of land to plant forests, which has been notarized or verified according to the law, and a copy of the document on land use rights according to the law on land.

Chapter III

FILE AND PROCEDURES FOR ISSUING THE CERTIFICATE

SECTION 1. RECEIVING FILES AND HANDLING THE CERTIFICATE

Article 11. Place for submitting files and issuing the Certificate

1. Land users, owners of assets attached to land who are domestic organizations, religious institutions, foreign organizations, foreign individuals, overseas Vietnamese implementing investment projects shall submit files and receive the Certificate at the Land Registration Office under the Department of Natural Resources and Environment (hereinafter referred to as the Provincial Land Registration Office).

2. Land users, owners of assets attached to land who are households, individuals, overseas Vietnamese owning houses in Vietnam, community residents in wards shall submit files and receive the Certificate at the Land Registration Office under the District Department of Natural Resources and Environment (hereinafter referred to as the District Land Registration Office), except in cases stipulated in Article 18 of this Decree.

Land users, owners of assets attached to land who are households, individuals, overseas Vietnamese owning houses in Vietnam, community residents in communes, towns shall submit files and receive the Certificate at the District Land Registration Office or the People's Committee of the commune, town where the land and assets attached to the land are located (except in cases stipulated in Articles 23 and 24 of this Decree). Within twenty (20) days from the date of receipt of complete valid files, the People's Committee of the commune, town shall be responsible for performing tasks as prescribed in Articles 14, 15, 16, and 17 of this Decree and transferring the files to the District Land Registration Office.

3. The Land Registration Office, People's Committee of the commune, town when receiving files shall be responsible for writing a receipt for the file for the person submitting the file, within three (03) working days, they must check the file and notify the person submitting the file in writing if additional or completion of the file is required.

4. In cases where the land user, owner of assets attached to land authorizes another person to submit the application for issuance of the Certificate or receive the Certificate, they must have a power of attorney according to the law.

5. The Land Registration Office shall be responsible for making a true copy (stamped by the Land Registration Office) of the Certificate containing the certification of ownership rights to houses, construction works, production forests that are planted forests to send to the competent state management agency on houses, construction works, agriculture to meet the management requirements of each sector.

Article 12. Time for Processing Procedures to Issue Certificate

The time for implementing procedures to issue the Certificate from the date of receiving complete valid files shall be regulated as follows:

1. Not exceeding fifty (50) working days for the first issuance of the Certificate.

2. Not exceeding thirty (30) working days for the issuance of a new Certificate for land use rights where there is a need to supplement certification of ownership of attached assets or reissue a lost Certificate.

3. Not exceeding twenty (20) working days for the issuance of a new Certificate not falling under the provisions of Clause 2 of this Article.

4. The time specified in Clauses 1, 2, and 3 of this Article does not include the time for publicizing the results of verification, the time for performing financial obligations, and the time for land surveying.

5. The People's Committee of the province shall specify in detail the time for implementing the procedures to issue Certificates as stipulated in Clauses 1, 2, 3, and 4 of this Article.

Article 13. Submission of Documents on Land Use Rights, Ownership of Housing and Other Assets Attached to Land

1. When submitting an application file for the issuance of a Certificate with the documents prescribed in Articles 7, 8, 9, and 10 of this Decree, copies of such documents certified or authenticated according to the laws on notarization and authentication may be submitted.

2. Upon receiving the Certificate, the person receiving it must hand over the original copies of the documents prescribed in Articles 7, 8, 9, and 10 of this Decree to the agency issuing the Certificate (except for decisions approving investment projects, investment decisions, investment licenses, and investment certificates); in cases where the People's Committee of the commune or town issues the Certificate, they have the responsibility to accept the original documents above and transfer them to the Land Registration Office at the district level.

SECTION 2. FILES AND PROCEDURES FOR ISSUING CERTIFICATES TO HOUSEHOLDS, INDIVIDUALS, COMMUNITIES, AND VIETNAMESE RESIDENTS ABROAD OWNING HOUSING IN VIETNAM

Article 14. Files and Procedures for Issuing Certificates for Cases Where the Land Plot Does Not Have Attached Assets or Has Assets but There Is No Need to Certify Ownership or Has Assets but Belong to Another Owner

1. The person requesting the issuance of the Certificate submits one (01) set of files including:

a) Application form for the issuance of the Certificate;

b) One of the types of documents on land use rights prescribed in Clauses 1, 2, and 5 of Article 50 of the Land Law (if applicable);

c) Copies of relevant documents concerning the performance of financial obligations related to land use according to the law (if applicable).

2. In cases where the person requesting the issuance of the Certificate submits the file to the People's Committee of the commune or town, the People's Committee of the commune or town has the responsibility to perform the following tasks:

a) Check and confirm on the application form for the issuance of the Certificate regarding disputes over land use rights; if there are no documents on land use rights prescribed in Clauses 1, 2, and 5 of Article 50 of the Land Law, check and confirm the origin and time of land use, disputes over land use, compliance with approved land use plans and construction plans.

If there is no land registry map, before performing the tasks mentioned above, the People's Committee of the commune or town must notify the Land Registration Office at the district level to conduct land surveying;

b) Publicize the results of the inspection at the office of the People's Committee of the commune or town within fifteen (15) days; examine and resolve complaints about the contents published;

c) Send the file to the Land Registration Office at the district level where the land is located to perform the tasks prescribed in Points b, c, and d of Clause 3 of this Article.

3. The Land Registration Office at the district level has the responsibility to perform the following tasks:

a) Send the file to the People's Committee of the commune to obtain confirmation opinions and publicize the results as required in Points a and b of Clause 2 of this Article for cases where the file is submitted to the Land Registration Office at the district level;

b) Check the file, verify on-site when necessary; confirm whether or not the conditions for certifying land use rights are met on the application form for the issuance of the Certificate;

c) Prepare the file along with extracts from the land registry map or land surveying (for areas without a land registry map) to submit to the Department of Natural Resources and Environment for the Chairman of the People's Committee at the same level to sign the Certificate and sign the land lease contract in cases where the State leases the land;

d) Deliver the Certificate to the person receiving it, in cases where the file is submitted at the commune or town, send the Certificate to the People's Committee of the commune or town to deliver to the person receiving it.

Article 15. Documents and procedures for issuing Certificates of Ownership for cases where immovable property is attached to land and the owner is not simultaneously the user of the land

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) In the case of certifying ownership of a house, submit documents on ownership of the house as prescribed in Clauses 1, 2, and 4 of Article 8 of this Decree; in the case of certifying ownership of a construction project, submit documents on ownership of the construction project as prescribed in Clauses 1 and 3 of Article 9 of this Decree; in the case of certifying ownership of a production forest which is a planted forest, submit one of the documents on ownership of forest trees as prescribed in Clauses 1, 2, 3, 4, and the document at Clause 7 of Article 10 of this Decree;

c) Copies of documents related to the fulfillment of financial obligations as prescribed by law (if any);

d) A schematic diagram of the house or construction project (except in cases where the schematic diagram of the house or construction project is already included in the documents specified in point b of this clause);

2. In cases where the person requesting the issuance of the Certificate submits the file to the People's Committee of the commune or town, the People's Committee of the commune or town has the responsibility to perform the following tasks:

a) Check and confirm in the application for issuance of the Certificate regarding the status of disputes over ownership of the property;

b) Check and confirm in the schematic diagram of the house or construction project (except in cases where the schematic diagram of the house or construction project has been confirmed by an organization with legal personality engaged in construction activities or mapping activities);

c) Publicize the results of the document review at the People's Committee office of the commune or town within fifteen (15) days, considering and resolving any feedback on the publicized content;

d) Send the documents to the Land Registration Office at the district level to perform the tasks prescribed in points b, c, and d of Clause 3 of this Article;

3. The Land Registration Office at the district level has the responsibility to perform the following tasks:

a) Send the documents to the People's Committee of the commune to obtain confirmation opinions and publicize the results according to the requirements prescribed in points a, b, and c of Clause 2 of this Article for cases where the documents are submitted to the Land Registration Office at the district level;

b) Review the documents, conduct on-site verification if necessary; determine whether the conditions for certifying ownership of the property are met or not, and confirm in the application for issuance of the Certificate;

If additional information needs to be verified regarding the conditions for certifying ownership of immovable property attached to land, the Land Registration Office shall send a form to seek opinions from the management agencies for housing, construction projects, and agricultural management at the district level. Within five (05) working days from the date of receipt of the opinion-seeking form, the management agencies for housing, construction projects, and agricultural management shall have the responsibility to respond in writing to the Land Registration Office;

c) Prepare the documents along with extracts from the cadastral map or cadastral survey of the land plot (in areas without a cadastral map) for the Department of Natural Resources and Environment to present to the People's Committee at the same level for signing the Certificate;

d) Deliver the Certificate to the person receiving it, in cases where the documents were submitted at the commune or town, send the Certificate to the People's Committee of the commune or town for delivery to the person receiving the Certificate;

Article 16. Documents and procedures for issuing Certificates of Ownership for cases where the user of the land is simultaneously the owner of the house or construction project

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) One of the types of documents on land use rights prescribed in Clauses 1, 2, and 5 of Article 50 of the Land Law (if applicable);

c) Documents on ownership of the house as prescribed in Clause 1 and Clause 2 of Article 8 of this Decree for cases where the asset is a house;

d) Documents on ownership of the construction project as prescribed in Clause 1 of Article 9 of this Decree for cases where the asset is a construction project;

đ) Copies of documents related to the fulfillment of financial obligations as prescribed by law (if any);

e) A schematic diagram of the house or construction project (except in cases where the schematic diagram of the house or construction project is already included in the documents specified in points b, c, and d of this clause);

2. In cases where the person requesting issuance of the Certificate submits the documents at the People's Committee of the commune or town, the People's Committee of the commune or town shall be responsible for performing the tasks as prescribed in Clause 2 of Article 14 and Clause 2 of Article 15 of this Decree;

3. The Land Registration Office at the district level shall be responsible for performing the tasks as prescribed in Clause 3 of Article 14 and Clause 3 of Article 15 of this Decree.

Article 17. Documents and procedures for issuing the Certificate of Land Use Right to individuals who are both land users and owners of production forests planted

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) One of the types of documents on land use rights prescribed in Clauses 1, 2, and 5 of Article 50 of the Land Law (if applicable);

c) One of the documents on forest ownership rights as stipulated in Clauses 1, 2, 3, and 4 of Article 10 of this Decree;

d) A copy of documents related to the fulfillment of financial obligations as prescribed by law (if any).

2. In cases where the person requesting issuance of the Certificate submits the documents at the People's Committee of the commune or town, the People's Committee of the commune or town shall be responsible for performing the tasks as prescribed in Clause 2 of Article 14 and Clause 2 of Article 15 of this Decree;

3. The Land Registration Office at the district level shall be responsible for performing the tasks as prescribed in Clause 3 of Article 14 and Clause 3 of Article 15 of this Decree.

Article 18. Documents and procedures for issuing the Certificate of Land Use Right to individuals receiving the transfer of land use rights and ownership of houses and construction works from organizations investing in construction for sale

1. Organizations investing in housing and construction works for sale shall submit one (01) set of documents on behalf of the transferee at the Provincial Land Registration Office under the Department of Natural Resources and Environment, including:

a) Application form for the issuance of the Certificate;

b) The sales contract for houses and construction works;

c) A copy of the decision approving the project or investment decision or investment permit or investment certificate;

d) A copy of the decision approving the detailed planning at a scale of 1/500 of the project (in cases where there is no copy of the decision approving the detailed planning, a copy of the agreement on the overall layout of the land with houses and construction works must be provided);

đ) Certificate of Land Use Right or Certificate as prescribed by this Decree;

e) A copy of the financial obligation fulfillment certificate of the investor (except in cases exempted or delayed according to the provisions of the law);

g) A copy of the financial obligation fulfillment certificate of the buyer (if any);

h) A sketch of the house and land which is either a completion plan view or a design plan view consistent with the current status of the house and construction work without redrawing; in the case of apartment buildings, there must be a building plan view of the apartment building, a floor plan view of the apartment building's floor with the apartment, and if the floor plan view does not clearly show the size of the apartment, a plan view of the apartment must be provided;

i) In localities that have real estate trading floors, transactions transferred from the date this Decree takes effect must have documents proving that the transfer was conducted at the real estate trading floor.

When submitting copies of the documents specified in points a, d, e, and g of this clause, the applicant must present the original documents for the agency receiving the application to check and compare, except in cases where the copies have been notarized or certified according to the provisions of the law.

If the investor submits an application for issuance of the Certificate of Land Use Right simultaneously for multiple owners of houses and construction works, only one (01) copy is required for the documents specified in points c, d, đ, e, and h of this clause, along with a list of houses, apartments, construction works, and other separate ownership parts requesting the issuance of the Certificate of Land Use Right.

2. The Provincial Land Registration Office is responsible for performing the following tasks:

a) Checking the legal documents in the file, sending an opinion request form to the competent state management agency for housing and construction works when necessary; within five (05) working days from the date of receipt of the opinion request form, the housing and construction works management agency is responsible for replying in writing to the Provincial Land Registration Office;

b) Inspecting the current land use status, if it is consistent with the approved detailed construction planning drawings of the project and the completed construction drawings (if any), then updating the cadastral map or conducting a cadastral survey for the plot of land where there is no existing cadastral map to issue the Certificate of Land Use Right.

If the current land use status is inconsistent with the approved detailed construction planning drawings of the project and the completed construction drawings (if any), the inspection results will be sent to the competent state management agency for housing and construction works for handling according to the provisions of the law;

c) Sending the file along with the extract of the cadastral map or cadastral survey of the plot of land to the District Land Registration Office to issue the Certificate of Land Use Right for the transferee being a household, individual, or overseas Vietnamese citizen; preparing the file to submit to the Department of Natural Resources and Environment for issuance of the Certificate of Land Use Right according to the delegation or submitting it to the People's Committee at the same level for signing the Certificate of Land Use Right for the transferee being an organization inside the country, foreign organization, or foreign individual; confirming the change on the Certificate of Land Use Right already issued to the transferor.

3. The District Land Registration Office is responsible for preparing the file to submit to the Department of Natural Resources and Environment for issuance of the Certificate of Land Use Right for the transferee being a household, individual, or overseas Vietnamese citizen purchasing a house.

4. The Provincial Land Registration Office is responsible for delivering the Certificate of Land Use Right to the person receiving the certificate.

5. In cases of issuing the Certificate of Land Use Right to overseas Vietnamese citizens or foreign individuals receiving ownership rights to houses in Vietnam, within five (05) working days from the date of delivery of the Certificate of Land Use Right, the Provincial Land Registration Office is responsible for compiling a list and sending it to the Ministry of Natural Resources and Environment, the Ministry of Construction to post on their websites for management purposes.

PART 3. DOCUMENTS AND PROCEDURES FOR ISSUING CERTIFICATES TO DOMESTIC ORGANIZATIONS, RELIGIOUS INSTITUTIONS, OVERSEAS RESIDENT VIETNAMESE, FOREIGN ORGANIZATIONS, AND FOREIGN INDIVIDUALS TO IMPLEMENT INVESTMENT PROJECTS

Article 19. Documents and procedures for issuing certificates where there is no property attached to the land or there is property but there is no need for ownership certification or the property belongs to another person

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) A self-inspection report on the current land use status in accordance with Articles 49, 51, 53, and 55 of Decree No. 181/2004/ND-CP dated October 29, 2004, of the Government on the implementation of the Land Law (hereinafter referred to as Decree No. 181/2004/ND-CP); Article 36 of Decree No. 69/2009/ND-CP dated August 13, 2009, of the Government on additional provisions regarding land planning, land prices, land recovery, compensation, support, and resettlement (hereinafter referred to as Decree No. 69/2009/ND-CP);

c) One of the types of documents on land use rights as prescribed by laws on land (if available);

d) A copy of documents related to the fulfillment of financial obligations as prescribed by law (if any).

2. The provincial land registration office shall be responsible for performing the following tasks:

a) Reviewing the documents, determining whether the conditions for certifying land use rights are met or not, and confirming this on the application form for the issuance of the Certificate;

b) In cases where the conditions for issuing the Certificate are met, extracting the cadastral map record or conducting cadastral survey of the land plot where there is no existing cadastral map;

c) Preparing the documents along with the cadastral map record or cadastral survey of the land plot for the Department of Natural Resources and Environment to sign the Certificate in cases where it has been authorized, or submitting the Certificate to the provincial People's Committee for signing in cases where it has not been authorized, and signing the land lease contract in cases where the land is leased by the State;

d) Delivering the Certificate to the person receiving the Certificate.

Article 20. Documents and procedures for issuing certificates where the property attached to the land is owned by someone who is not simultaneously the land user

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) In cases of certifying ownership of housing, submit documents on housing ownership as stipulated in Clause 3 and Clause 4 of Article 8 of this Decree; in cases of certifying ownership of construction works, submit documents on construction work ownership as stipulated in Clause 2 and Clause 3 of Article 9 of this Decree; in cases of certifying ownership of production forests which are planted forests, submit one of the types of documents on forest tree ownership as stipulated in Clauses 1, 2, 3, 5, 6, and the document at Clause 7 of Article 10 of this Decree;

c) Copies of documents related to the fulfillment of financial obligations as prescribed by law (if any);

d) A schematic diagram of the house or construction project (except in cases where the schematic diagram of the house or construction project is already included in the documents specified in point b of this clause);

2. The provincial land registration office shall be responsible for performing the tasks as follows:

a) Reviewing the documents, determining whether the conditions for issuing the Certificate on property ownership attached to the land are met or not, and confirming this on the application form for the issuance of the Certificate;

In cases where additional information verification is required for certifying property ownership attached to the land, the provincial land registration office shall send a request for comments from the competent authority on housing, construction works, or agricultural management at the provincial level. Within five (05) working days from the date of receipt of the request for comments, the competent authority on housing, construction works, or agricultural management shall be responsible for replying in writing to the provincial land registration office;

b) Checking and confirming on the floor plan of housing or construction works (except in cases where the floor plan of housing or construction works has already been confirmed by an organization with legal personality engaged in construction activities or mapping activities);

c) In cases where the conditions for issuing the Certificate are met, extracting the cadastral map record or conducting cadastral survey of the land plot where there is no existing cadastral map;

d) Preparing the documents along with the cadastral map record for the Department of Natural Resources and Environment to sign the Certificate in cases where it has been authorized, or submitting the Certificate to the provincial People's Committee for signing in cases where it has not been authorized;

đ) Delivering the Certificate to the person receiving the Certificate.

Article 21. Documents and procedures for issuing the Certificate of Land Use Right for cases where the land user is simultaneously the owner of residential property or construction works

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) A self-inspection report on the current status of land use in accordance with Articles 49, 51, 53, and 55 of Decree No. 181/2004/ND-CP; Article 36 of Decree No. 69/2009/ND-CP;

c) One of the types of documents on land use rights as prescribed by laws on land (if available);

d) One of the types of documents regarding ownership of residential property as stipulated in Clause 3, Article 8 of this Decree for cases where the asset is residential property;

đ) One of the types of documents regarding ownership of construction works as stipulated in Clause 2, Article 9 of this Decree for cases where the asset is construction works;

e) A schematic diagram of the residential property or construction work (except in cases where the schematic diagram of the residential property or construction work is already included in the documents specified in points b, c, d, and đ of this clause);

g) Copies of relevant documents concerning the fulfillment of financial obligations as prescribed by law (if applicable);

2. The provincial Land Registration Office shall be responsible for performing the tasks as prescribed in Clause 2, Article 19 and Clause 2, Article 20 of this Decree.

Article 22. Documents and procedures for issuing the Certificate of Land Use Right for cases where the land user is simultaneously the owner of production forests that are planted forests

1. The person requesting issuance of the Certificate shall submit one (01) set of documents including:

a) Application form for the issuance of the Certificate;

b) A self-inspection report on the current status of land use in accordance with Articles 49 and 53 of Decree No. 181/2004/ND-CP;

c) One of the types of documents on land use rights as prescribed by laws on land (if available);

d) One of the types of documents regarding ownership of forest trees as stipulated in Clauses 1, 2, 3, 5, and 6, Article 10 of this Decree (if applicable);

đ) Copies of documents related to the fulfillment of financial obligations as prescribed by law (if any);

2. The provincial Land Registration Office shall be responsible for performing the tasks as prescribed in Clause 2, Article 19 and Clause 2, Article 20 of this Decree.

Section 4. Documents and Procedures for Issuing Replacement Certificates, Reissuance, and Supplemental Confirmation to the Certificate

Article 23. Issuing Replacement Certificates and Supplemental Confirmation to the Certificate

1. The issuance of replacement certificates for cases prescribed in point 2, Clause 3, Article 4 of the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Infrastructure Construction; the issuance of replacement certificates due to fading, blurring, tearing, damage, or re-measurement shall be carried out as follows:

a) The person requesting a replacement certificate shall submit an application for replacement along with the original Certificate of Land Use Right at the Land Registration Office authorized to issue the Certificate of Land Use Right;

b) The Land Registration Office shall be responsible for reviewing the documents; submitting the application to the competent state agency for issuance of the Certificate of Land Use Right; and delivering the Certificate of Land Use Right to the person requesting the replacement certificate.

2. In cases of replacing the Certificate of Land Use Right as prescribed in Clause 1 of this Article, if there is a request to supplement the confirmation of ownership of assets attached to the land, the application for replacement and the original Certificate of Land Use Right, together with the documents confirming ownership of the assets, shall be submitted for resolution in accordance with Articles 15 and 20 of this Decree.

3. In cases where the land user has been issued a Certificate of Land Use Right in accordance with this Decree and requests supplemental confirmation of ownership of assets attached to the land in the original Certificate of Land Use Right, the application and the original Certificate of Land Use Right, together with the documents confirming ownership of the assets, shall be submitted for resolution in accordance with Articles 15 and 20 of this Decree.

Article 24. Reissue of Certificate due to Loss

1. The person requesting reissue of the Certificate shall submit one (01) set of documents at the Land Registration Office authorized to issue the Certificate, including:

a) Application for reissuance of the Certificate;

b) Documents confirming the loss of the Certificate issued by the police station of the locality where the loss occurred;

c) Proof of publication of the lost Certificate in local mass media (except in cases of loss due to natural disasters or fire) for domestic organizations, foreign organizations, foreign individuals, and overseas Vietnamese; in cases of households and individuals, only a confirmation from the People's Committee of the commune regarding the posting of the notice of loss at the People's Committee office is required;

2. The Land Registration Office shall examine the documents; submit to the competent state agency for signing the decision to invalidate the lost Certificate, and simultaneously issue a new Certificate; hand over the Certificate to the person requesting its reissue.

Article 25. Correction and Revocation of Issued Certificates

1. When discovering errors in the contents recorded on the issued Certificate, the Department of Natural Resources and Environment shall be responsible for correcting the Certificate issued by the provincial People's Committee, and the Environmental Resources Office shall be responsible for correcting the Certificate issued by the district People's Committee.

2. Revocation of illegally issued Certificates shall be carried out as follows:

a) In cases where the issued Certificate has been concluded by investigative or inspection agencies to be issued contrary to the provisions of the law, the competent state agency issuing the Certificate shall be responsible for reviewing, and if the conclusion is correct, it shall issue a decision to revoke the issued Certificate;

b) In cases where the competent state agency issuing the Certificate discovers through self-inspection that the issued Certificate is illegal, it shall be responsible for notifying in writing to the inspection agency at the same level for verification. The district inspectorate shall be responsible for verifying the Certificate issued by the district People's Committee, and the provincial inspectorate shall be responsible for verifying the Certificate issued by the provincial People's Committee or the Department of Natural Resources and Environment. If the verification concludes that the Certificate was issued illegally, the issuing state agency shall issue a decision to revoke the issued Certificate;

c) In cases where organizations or citizens discover that the issued Certificate is illegal, they shall send their complaints or discoveries to the issuing state agency. The issuing state agency shall be responsible for reviewing and resolving according to the provisions of point b of this clause;

3. The revocation of issued Certificates for cases not covered by Article 42, Clause 2 of Decree No. 181/2004/ND-CP and Clause 2 of this Article can only be implemented when there is a judgment or decision of the People's Court that has taken effect.

Chapter IV

IMPLEMENTATION

Article 26. Responsibilities for Implementation

1. The Ministry of Natural Resources and Environment shall be responsible for guiding the confirmation of changes during the implementation of land rights, changes in land users, owners of attached assets, certification of ownership of long-term trees, and other contents to implement this Decree.

2. The Ministry of Construction and the Ministry of Agriculture and Rural Development shall be responsible for directing housing management agencies, construction project management agencies, agricultural management agencies to cooperate with environmental resource management agencies in the process of issuing Certificates.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide the types of long-term trees eligible for ownership certification.

4. Provincial People's Committees shall have the responsibility:

a) Specific regulations on the mechanism for cooperation and information sharing between environmental resource management agencies and construction, agriculture, rural development, and other relevant agencies, district People's Committees, and commune People's Committees in the issuance of Certificates and management of files; implementing administrative reform to ensure simplicity, convenience, transparency, and a "one-stop" mechanism; directing the acceleration of the issuance of Certificates.

b) Implement measures to develop notary organizations in localities to meet the requirements of notarizing contracts and transactions related to land use rights, ownership of houses, and other attached assets; consider and decide to transfer the authentication of contracts and transactions currently handled by district and commune People's Committees to notary organizations in the district that meet the notarization requirements; for places without a provincial People's Committee decision on transfer, parties to the contract or transaction have the right to choose notarization or authentication by the district or commune People's Committee according to the law.

5. The Environmental Resources Office shall be responsible for performing the tasks of the Land Registration Office as stipulated in this Decree for districts that have not established a Land Registration Office.

Article 27. Ensuring Conditions for Issuing Certificates

1. The provincial People's Committee shall direct the measurement and mapping of cadastral maps in conjunction with the preparation of cadastral files and issuance of certificates; enhance capacity, equipment, organizational consolidation, establish the Land Registration Office at the district level, allocate sufficient funds to meet the requirements for issuing certificates and updating changes in cadastral files.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment to allocate funds for the replacement of certificates of land use rights, certificates of ownership of houses and land use rights, certificates of ownership of houses, and certificates of ownership of construction works issued before this Decree takes effect.

Article 28. Fees for Issuing Certificates

1. The provincial People's Committees under the Central Government shall submit to the respective People's Councils for promulgation the levels of collection, payment, management, and utilization of fees for issuing certificates in accordance with the laws on fees and charges.

2. The fee for issuing certificates shall be waived for cases where certificates of land use rights, certificates of ownership of houses and land use rights, certificates of ownership of houses, and certificates of ownership of construction works were issued before this Decree takes effect and there is a need to replace the certificates.

Article 29. Effective Date

1. This Decree shall take effect from December 10, 2009.

2. Certificates of land use rights, certificates of ownership of houses and land use rights, certificates of ownership of houses, and certificates of ownership of construction works issued before this Decree takes effect shall remain legally valid and may be replaced with certificates of land use rights, ownership of houses, and other assets attached to the land upon request.

In cases where applications for certificates of land use rights; certificates of ownership of houses and land use rights; certificates of ownership of houses, and certificates of ownership of construction works were submitted before this Decree takes effect but have not yet been issued, the agency receiving and processing the applications shall transfer the files to the natural resources and environment agency to issue the certificates in accordance with this Decree.

3. Abolish Article 41; Clause 1 of Article 42; Articles 43, 44, 56, 57, 116, 135, 136, 137, 143, 144, 148, 149, 150, 151, 152, 155, 156, 157, and Article 158 of Decree No. 181/2004/ND-CP.

Abolish the provisions on submission of applications and delivery of results for procedures for issuing, replacing, and reissuing certificates of land use rights and procedures for exercising rights of land users stipulated in Article 122 of Decree No. 181/2004/ND-CP.

4. Replace the phrase "Certificate of land use rights" with the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" in Articles 5, 46, 47, 48, 49, 51, 51, 53, 54, 55, 63, 76, 79, 83, 84, 91, 92, 97, 99, 122, 123, 124, 128, 138, 139, 140, Point e Clause 1 of Article 147, and Article 159 of Decree No. 181/2004/ND-CP.

5. Supplement the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" after the phrase "Certificate of land use rights" in Articles 6, 38, 64, 65, 111, 113, Clause 1 of Article 117; Articles 118, 129, 131, 134, 142; Point a Clause 1, Point a and Point c Clause 2 of Article 147; Articles 153, 154, 160, 161, 162 of Decree No. 181/2004/ND-CP.

6. Abolish Article 8, Clauses 1 and 2 of Article 10, and Article 21 of Decree No. 84/2007/ND-CP dated May 25, 2007 of the Government detailing additional provisions on issuing certificates of land use rights, land recovery, exercising land use rights, procedures and formalities for compensation, support, resettlement when the State recovers land, and resolving complaints about land (hereinafter referred to as Decree No. 84/2007/ND-CP).

Replace the phrase "Certificate" with the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" in Clause 1 of Article 5; Articles 7, 9; Clause 3 of Article 10; Clause 2 of Article 11; Articles 13, 14, 15, 16, 17, 18; Points d and đ Clause 2 of Article 19; Article 20 of Decree No. 84/2007/ND-CP.

Supplement the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" after the phrase "Certificate" in Article 3; Clause 1 of Article 11; Article 12; Point b Clause 1 of Article 19; Articles 26, 31, 44, 45, and 46 of Decree No. 84/2007/ND-CP.

7. Abolish Decree No. 95/2005/ND-CP dated July 15, 2005 of the Government on issuing certificates of ownership of houses and construction works.

8. Abolish Articles 42, 43, 44, 45, 46, 47, 48, 49, 51, and Clause 4 of Article 66 of Decree No. 90/2006/ND-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing (hereinafter referred to as Decree No. 90/2006/ND-CP); abolish the model of certificate of ownership of houses and land use rights and the model of certificate of ownership of houses issued according to Decree No. 90/2006/ND-CP.

9. Replace the phrase "Certificate of ownership of houses" with the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" in Articles 16, 50, 58, 59, 65, and Clause 2 of Article 66 of Decree No. 90/2006/ND-CP.

Replace the phrase "Certificate of ownership of houses, ownership of construction works" with the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" in Article 17 of Decree No. 90/2006/ND-CP.

Supplement the phrase "Certificate of land use rights, ownership of houses, and other assets attached to the land" before the phrase "Certificate of ownership of houses as prescribed by the Law on Housing" in Clause 2 of Article 68 of Decree No. 90/2006/ND-CP.

10. Abolish the content regarding the issuance of certificates of ownership of construction works stipulated in Point d Clause 2 of Article 37 of Decree No. 29/2008/ND-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones.

11. Repeal Article 8 and Article 9 of Decree No. 51/2009/NĐ-CP dated June 3, 2009 of the Government guiding the implementation of certain Articles of Resolution No. 19/2008/QH12 dated June 3, 2008 of the National Assembly on piloting the purchase and ownership of houses by foreign organizations and individuals in Vietnam.

12. Replace the phrase "Certificate of Land Use Right" with the phrase "Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land" in Articles 1, 2, 3, 8, 11; Clause 5 of Article 12 and Article 13 of Decree No. 198/2004/NĐ-CP dated December 3, 2004 of the Government on land use fee collection (hereinafter referred to as Decree No. 198/2004/NĐ-CP).

Supplement the phrase "Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land" after the phrase "Certificate of Land Use Right" in Article 4 of Decree No. 198/2004/NĐ-CP.

13. Replace the phrase "Certificate of Land Use Right" with the phrase "Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land" in Articles 11 and 46 of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State recovers land (hereinafter referred to as Decree No. 197/2004/NĐ-CP).

Supplement the phrase "Certificate of Land Use Right, House Ownership Right and Other Assets Attached to the Land" before the phrase "Certificate of Land Use Right" in Article 8 of Decree No. 197/2004/NĐ-CP.

14. The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial People's Committees shall be responsible for implementing this Decree./.