Thông tư 09/2021/TT-BTNMT

CIRCULAR

AMENDING SOME ARTICLES OF CIRCULARS ELABORATING AND PROVIDING GUIDELINES FOR LAND LAW

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Amendments to a Number of Articles of 37 Laws  Related to Planning dated November 20, 2018;

Pursuant to Resolution No. 751/2019/UBTVQH14 dated August 16, 2019 by the Standing Committee of the National Assembly explaining some Articles of Law on Planning;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 elaborating a number of Articles of Land Law;

Pursuant to the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 regulating compensation, support, and resettlement upon land expropriation by the State;

Pursuant to the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 on amendments to the decrees on the implementation of the Land Law;

Pursuant to the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020 on amendments and supplements to several Decrees, providing detailed regulations on the implementation of the Law on Land;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 04, 2017 on functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;  

At the request of Director General of General Department of Land Administration and Director General of Department of Legal Affairs,

The Minister of Natural Resources and Environment hereby promulgates a Circular amending some articles of circulars elaborating and providing guidelines for Land Law.

Article 1. Amendment to a number of Articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 providing for certificate of land use right, house ownership and other properties associated with the land

1. Point a Clause 2 Article 15 is amended as follows:

 “a) MX is the code of the commune-level administrative unit where the land lot is located assigned under the Prime Minister’s decision on the list and codes of Vietnam’s administrative units; in case the Certificate is issued to land located in more than one commune-level administrative unit, write the code of the largest commune; for any district not divided into commune-level administrative units, MX shall be replaced by the code of the district-level administrative unit assigned under the Prime Minister’s decision on the list and codes of Vietnam’s administrative units.

In case Certificate issuance is within the competence of the provincial People’s Committee, write the code of the province or central-affiliated city as per regulations before the code of the commune, ward or town where the land is located or before the code of the district-level administrative unit where the land is located if the district-level administrative unit is not divided into commune-level administrative units.”

2. Point a Clause 2 Article 17 is amended as follows:

 “a) Consolidation of land lots into a new land lot; splitting of a land lot into new land lots in accordance with regulations of law; land lots split to receive separate Certificates for cases where a Certificate is granted to multiple lots;”

3. Point g Clause 2 Article 17 is amended as follows:

“g) Change to all information on a land lot due to cadastral map formulation; change to land area of a land lot having garden, pond and housing due to residential area redetermination per regulations;”

4. Clause 16 Article 18 is amended as follows:

 “16. Where the State revokes the rights to use a part of a land lot issued with Certificate, in the issued Certificate, write “The State revoked the rights to use …. m², the remaining area is ... m² with the land lot number of…., the remaining property on land is… (if the Certificate certifies ownership of property on land), according to application No. … (specify application number)”.

Where the land user voluntarily donates a part of a land lot issued with Certificate for road, irrigation work or another public work, in the issued Certificate, write “Donated… m² for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation); remaining area is … m²”; in case the land user voluntarily donates all of their land lot, in the issued Certificate, write “Donated all of land lot for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation)”.

Where the land user voluntarily donates a part of one or more than one land lot or one or more than one land lot included in a Certificate issued to multiple land lots for road, irrigation work or another public work, in the issued Certificate, write “Donated… m² of land lot No. … of map No. … (specify land area, land lot number and cadastral map number of each land lot) for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation); remaining area is … m² of land lot No. … of map No. … (specify remaining area, land lot number and cadastral map number of each donated land lot)”; in case the land user voluntarily donates all of the land lots included in a Certificate issued to multiple land lots, in the issued Certificate, write “Donated all land lots for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation)”;”

5. Clause 19 is added to Article 18 as follows:

 “19. In case a Certificate is granted to multiple land lots, if a land lot is split to receive a separate Certificate, in the issued Certificate, write “Land lot … (specify lot number and map number) with area of … m² is split to receive a separate Certificate; according to application No. ... (specify application number)”.”

Article 2. Amendment to some Articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 defining cadastral dossiers

1. Article 9 (amended in Circular No. 02/2015/TT-BTNMT and Circular No. 33/2017/TT-BTNMT) is amended as follows:

“Article 9. Application for registration of change to land and property on land

1. Application for transfer of agriculture land use rights of households and individuals to perform "land lot regrouping" submitted for all relevant households and individuals shall include:

a) Application for issuance of the certificate of land use rights and ownership of housing and other property on land, which are made using Form No. 04d/DK enclosed therewith, of each household and individual;

b) Original copy of the issued certificate or a copy of the agreement on mortgage of land use rights for land mortgaged at a credit institution;

c) Written agreement on transfer of agricultural land use rights of households and individuals;

d) Plan for transfer of agricultural land use rights of the commune-level People’s Committee approved by the district-level People’s Committee;

dd) Record of land handover under the “land lot regrouping" plan (if any).

2. Application for transfer of agricultural land use rights not related to "land lot regrouping "; transfer, lease, subletting, inheritance, donation or capital contribution concerning land use rights/ownership of property on land; transfer of land use rights/ownership of property on land of either wife or husband to that of both wife and husband shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK.

For households and individuals receiving transfer of agricultural land use rights, land area over which land use rights are transferred must be specified in Point 4 Section I of Form No. 09/DK (Reason for change) as follows: “Receive … (specify form of land use rights transfer) … m² (specify land area over which land use rights are transferred); total agricultural land area currently in use due to land use rights transfer and after land use rights transfer is registered from 01/7/2007 to before 01/7/2014 is … m² and from 01/7/2014 to now is ... m² (specify land area over which land use rights are transferred by type of land and province/central-affiliated city)”;

b) Agreement/document on transfer, lease, subletting, inheritance or donation of land use rights/ ownership of property on land; capital contribution by land use rights/ownership of property on land; transfer of land use rights/ownership of property on land of either wife or husband to that of both wife and husband per regulations.

If there is only one inheritor of land use rights/ownership of property on land, an application for registration of inheritance of land use rights/ownership of property on land from this inheritor is necessary;

c) Original copy of the issued certificate;

d) Written approval of the competent authority for the business entity receiving transfer of or capital contribution by or leasing agricultural land use rights to carry out an investment project;

dd) Written consent of the land user which shows that the owner of the property on land may transfer, donate, lease or contribute capital by the property on land in case of transfer, donation or lease of or capital contribution by property on land whose owner is not the land user.

3. Application for annulment of registration of lease, sublease and capital contribution concerning land use rights/ownership of property on land shall include:

a) Written document on termination of the agreement on lease, sublease or capital contribution concerning land use rights/property on land or agreement on lease, sublease or capital contribution concerning land use rights/property on land whose termination is verified;

b) Original copy of the issued certificate in case of lease or sublease of land use rights of an investor in infrastructure construction in an industrial zone, industrial cluster, export-processing zone, hi-tech park or economic zone or capital contribution by land use rights/ownership of property on land.

4. Regulations on applications for certificate issuance in case of transfer of land use rights/ownership of property on land before July 1, 2014 where the transferring party has been issued with the certificate but has not carried out transfer procedures as per regulations:

a) If land use rights/property on land are transferred, inherited or donated with an agreement or document on rights transfer as per regulations but the transferring party does not hand the certificate over to the receiving party, the application shall include:

- Application for registration of change to land and property on land made using Form No. 09/DK;

- Agreement or document on rights transfer formulated as per regulations;

b) If land use rights are transferred or donated without an agreement or document on rights transfer as per regulations, the application shall include:

- Application for registration of change to land and property on land made using Form No. 09/DK;

- Original copy of the issued certificate;

- Document on transfer of land use rights/property on land with signatures of transferring and receiving parties.

5. Application for registration of change to land use rights/ownership of property on land in settlement of a land-related dispute, complaint or denunciation; settlement of debt incurred from mortgage contract or capital contribution by land use rights/property on land; distraint or auction of land use rights/property on land for sentence execution; division, consolidation or merger of organizations or company transformation; agreement on consolidation or division of land use rights/property on land among a household, or between husband and wife, or among a group of land users shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate, unless it is an application for execution of an effective sentence enforcement decision of the sentence enforcement authority or decision or sentence by the People’s Court, or auction of land use rights/property on land per a request of the People’s Court or sentence enforcement authority where the original copy of the issued certificate cannot be revoked;

c) Any of the following documents: successful conciliation record (if conciliation is successful and there is change in boundaries of the land lot, the recognition decision of the competent People’s Committee is necessary) or decision of the competent authority on land-related dispute, complaint or denunciation settlement per the law; document on mortgaged property handover according to agreement (if any) and document or mortgage agreement containing agreement on mortgaged property handling; document or capital contribution agreement containing agreement on contributed property handling and document on contributed property handover according to agreement; decision or judgment of the People's Court, sentence enforcement decision of sentence enforcement authority executed determining the holder(s) of land use rights/ownership of property on land; written results of auction of land use rights/property on land at the request of the land users/property owners or the People's Court or sentence enforcement authority concerning the executed sentence; written agreement on division or consolidation or transfer of land use rights/ownership of property on land in the case of organization division, consolidation or merger or company transformation; written agreement on division or consolidation of land use rights/ownership of property on land of households or husband and wife or group of land users or group of owners of property on land;

d) Document on organization division or consolidation as per the law in case of division or consolidation of land use rights/ownership of property on land of an organization; family register in case of division or consolidation of land use right/ownership of property on land of a household; family register or marriage certificate or divorce certificate in case of division or consolidation of land use rights/ownership of property on land of spouses.

6. Application for registration of change to use of land/property on land due to change to name of the land user/owner of property on land; decrease in land lot area due to natural erosion; change to land use rights restriction; change to financial obligations; or change to property on land compared with registered content and issued certificate shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Any of the following documents related to the change:

- Written approval of competent authority per the law in case of change to name of individual or household representative;

- Copy of family register in case of change of representative being the household head; written agreement of the household verified by the commune-level People’s Committee in case of change of representative being a household member;

- Written agreement of the residential community certified by the commune-level People’s Committee in case the community is renamed;

- Written confirmation of natural erosion of the commune-level People’s Committee in case of decrease in area of the land lot/property on land due to natural erosion;

- Documents on fulfillment of financial obligations in case the issued certificate records a debit or late fulfillment of financial obligations, unless the land user is exempt from fulfilling a part or all obligations due to change in law;

- Decision of the competent authority on changes in restriction on land use rights/ownership of property on land recorded on the certificate in case restriction is imposed according to a decision on land allocation, land lease or recognition of land use rights; written agreement on change to restriction of persons with relevant interests verified by the commune-level People’s Committee in case of change to restriction according to a written document transfer of land use rights;

- Copy of one of the documents mentioned in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP showing the changed content in case of change to information on property on land recorded in the certificate.

7. Application for switching from annual land rent payment to lump-sum land rent payment or from land allocation without land levy to land lease or from land lease to land allocation with land levy shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Concluded land lease contract;

d) Documents on fulfillment of financial obligations; papers relating to the exemption or reduction of financial obligations on land/property on land (if any).

8. Application for registration of establishment of limited rights to use the adjacent land lot after being granted the certificate for the first time and registration for change to or termination of limited rights to use the adjacent land lot shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate of one relevant party or all relevant parties;

c) Contract or written agreement or decision of the People's Court on establishment of or change to or termination of limited rights to use the adjacent land lot;

d) Diagram of location and size of area of the land lot that the user of the adjacent land lot is allowed to use.

9. Application for extension of land use outside of a hi-tech park or economic zone shall include

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Copy of the additional investment decision or investment license or investment certificate or investment guidelines decision showing the (adjusted) project performance term in accordance with extended land use time in case of use of land of an organization or foreign organization having diplomatic functions, foreign-invested enterprise or overseas Vietnamese carrying out the investment project.

In case a Vietnamese organization is using the land for investment on the land but does not require an additional investment decision or investment license or investment certificate or investment guidelines decision as per regulations of law on investment, specify the reason for land use extension in Point 4 of the application made using Form No. 09/DK;

d) Documents on fulfillment of financial obligations (if any).

10. Application for certification of further use of agricultural land of a household or individual upon land use expiration upon request; or division of a land lot from multiple land lots granted a common certificate for issuance of a separate certificate shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK.

In case a land lot is split from multiple land lots granted a common certificate for issuance of a separate certificate, skip Point 5 of Section I, Section II and Section IV of Form No. 09/DK;

b) Original copy of the issued certificate.

11. Application for division or consolidation of land lots shall include:

a) Application for division or consolidation of land lots made using Form No. 11/DK;

b) Original copy of the issued certificate;

12. Application for mortgage registration or annulment of mortgage registration per regulations on secured transaction registration

In case of leasing or subleasing land of an investor in infrastructure in an industrial park, industrial cluster, export-processing zone, hi-tech park or economic zone leased by the State with land rent paid annually, if the land lessee or sub-lessee makes a lump-sum land rent payment before July 1, 2014, and the land user applies for mortgage of land use rights or mortgage of land use rights and property on land, the application for mortgage registration must include documentary proof that the investor has paid the lump-sum land rent payment made by the lessee or sub-lessee into state budget.

13. Application for redetermination of residential land area for a household or individual granted a certificate shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

14. Application for change registration in case a household or individual hands over land use rights to an enterprise shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Written agreement of household members on handover of land use rights of the household to the enterprise notarized or certified as per the law for land whose use rights are held by a household;

d) Signed land lease contract of the household or individual.

15. Application for extension of use of agricultural land of a religious establishment shall include

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

16. Application for confirmation of change to information on juridical person, identity card number or address on the issued certificate at the request of the land user or owner of property on land shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Copy of the new identity card or new military identity card or family register or another documentary proof of change to personal information of the person whose name is written on the certificate;

d) Document of the competent authority permitting or recognizing change to information on juridical person of the organization written on the certificate.

17. For applications for registration of change to land or property on land mentioned in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Article that include change to information on juridical person, identity card number or address on the issued certificate, these applications shall include the following documents:

a) Copy of the new identity card or new military identity card or family register or another documentary proof of change to personal information of the person whose name is written on the certificate;

b) Document of the competent authority permitting or recognizing change to information on juridical person of the organization written on the certificate.”

2. Point u and Point v Clause 2 Article 19 are amended as follows:

 “u) In case of land use rights revocation, write "The State revoked land use rights according to application No. … (specify application number)”.

Where the State revokes the rights to use a part of a land lot, write “The State revoked the rights to use …. m², the remaining area is ... m² with the land lot number of…., the remaining property on land is… according to application No. … (specify application number)”.

Where the land user voluntarily donates a part of a land lot issued with certificate for road, irrigation work or another public work, write “Donated… m² for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation), remaining area is … m², according to application No. … (specify application number)”; in case the land user voluntarily donates all of their land lot, write “Donated all of land lot for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation), according to application No. … (specify application number)”;

v) In case of land lot consolidation, write “Consolidated land lots No. … (specify ordinal numbers of land lots consolidated into the new lot) into land lot No. … (specify ordinal number of the new lot) according to application No. … (specify application number)”. In the page for registration of the new land lot, write “Consolidated from land lots No. … (specify ordinal numbers of land lots consolidated into the new lot) according to application No. … (specify application number)”.

In case of land lot division, write “Divided into land lots No. … (specify ordinal numbers of land lots divided from the old lot) according to application No. … (specify application number)”. In the page for registration of the new divided land lots, write “Divided from land lot No. … (specify number of the old land lot before it is divided for rights transfer) according to application No. … (specify application number)”.

In case a certificate is granted to multiple land lots, if a land lot is split to receive a separate certificate, write “Issued with a new certificate … (specify issuance number and register number of new certificate) according to application No. ... (specify application number)”.”.

3. Point w Clause 2 Article 19 is amended as follows:

 “w) In case the land lot is re-measured, leading to change to land lot number and area, write “... (specify changed information) changes from ... (pre-change information) into ... (changed information) due to re-measurement on [date] according to application No ... (specify application number)”.

Example: after re-measurement, land lot No. 30 changes into land lot No.115 , land area changes from 600m² to 650m², write "Land lot number changes from 30 to 115; area changes from ​​600m² to 650m² due to re-measurement on October 15, 2013".

In case of change to name of an administrative unit or administrative division under a decision of the competent authority, write "Rename ... (pre-change name of administrative unit) to … (new name of administrative unit)”.

Example: in case Tu Liem district is renamed to Bac Tu Liem district, write “Tu Liem district is renamed to Bac Tu Liem district".

“In case of change to residential area of a land lot having garden, pond and housing due to redetermination, write “Residential area changes from ... (specify pre-change information) to ... (changed information); area of ... land (specify areas of other land types of the lot after residential area redetermination) changes from … (specify pre-change information) to ... (changed information), according to application No ... (specify application number)”.

Example: a land lot having garden, pond and housing is granted a certificate with 100m² of residential area, 200m² of land for perennial plant farming and 300m² of land for annual plant farming. After redetermination, residential area is 200m², land for perennial plant farming is 100m² and land for annual plant farming is 300m², thus, write “Residential area changes from 100m² to 200m², land for perennial plant farming changes from 200m² to 100m² and land for annual plant farming is 300m², according to application No. …”.”

4. Section 3 of GUIDELINES FOR CERTIFICATE REGISTER BOOK FORMULATION in Form No. 03/DK enclosed with Circular No. 24/2014/TT-BTNMT is amended as follows:

“3. Signed certificates shall be recorded into the certificate register book in the order in which they are signed; for commune-level administrative unit consolidation per regulations, number the next entry of the certificate register book following the highest entry number; entries of two adjacent certificates shall be divided by a horizontal line in black ink.”

5. Code of type of change at number 32 of Appendix No. 02 enclosed with Circular No. 24/2014/TT-BTNMT is amended as follows:

“Land lot division or consolidation; land lot division for issuance of a separate certificate in case where a certificate is granted to multiple lots.”

6. A new code of type of change is added to Appendix No. 02 enclosed with Circular No. 24/2014/TT-BTNMT at number 36 as follows:

 “Change to residential area of land lot having garden, pond and housing due to redetermination -Code: XD”

7. The phrase “08/ĐK” is changed to “08a/ĐK và 08b/ĐK”.

Article 3. Amendment to Circular No. 25/2014/TT-BTNMT dated May 19, 2014 on cadastral maps

1. Point 1.5 Clause 1 Article 17 is amended as follows:

“1.5. Regulations on revision of ordinal numbers of land lots and ordinal numbers of cadastral map pieces:

a) For land lots created after land lot division or consolidation, remove ordinal numbers previously assigned to them, and assign new ordinal numbers to them following the last land lot ordinal number in the map piece.

In case map pieces are put together upon commune consolidation, ordinal numbers of land lots in the map pieces of the commune where the People's Committee of the new commune is located shall be retained, and ordinal numbers of land lots in map pieces connected to the abovementioned map pieces shall be reassigned following the last land lot ordinal number; place an “edited land lot table” at a suitable location inside or outside of the map frame, unless the cadastral map is edited in the cadastral database. Content of the “edited land lot table” must include lot ordinal numbers, land type codes and areas of land lots before and after edition;

b) In case the State revokes land use rights over a part of a land lot but this part does not qualifies as a new land lot and the remaining area is not divided into multiple lots, the remaining area may retain its current land lot ordinal number;

c) Edition of ordinal numbers of cadastral map pieces after commune-level administrative unit organization:

- In case of commune consolidation: ordinal numbers of cadastral map pieces of the commune where the People's Committee of the new commune is located shall be retained, and ordinal numbers of map pieces connected to the abovementioned map pieces shall be reassigned following the last land lot ordinal number. Information of cadastral maps of the old commune-level administrative units shall be noted outside of the map frame; land lot register books and other relevant documents shall be edited according to map editing results. For cadastral map pieces containing boundaries of the old commune-level administrative units, put cadastral map pieces together or retain the old cadastral map pieces.

- In case a commune is divided into different communes: reassign or retain ordinal numbers of cadastral map pieces of each new commune. Edit cadastral map information according to the new communes; note information of cadastral maps of the old commune-level administrative units outside of the map frame; edit land lot register books and other relevant documents according to map editing results.

- In case a part of a commune is consolidated into another commune: retain ordinal numbers of cadastral map pieces of the remaining part of the divided commune and ordinal numbers of cadastral map pieces of the receiving commune, edit the ordinal numbers of the cadastral map piece of the divided part following the last ordinal number of cadastral map piece of the receiving commune. Note information of cadastral maps of the old commune-level administrative unit outside of the map frame; edit land lot register books and other relevant documents according to map editing results.

- In case a district-level administrative unit is no longer divided into different communes: edit cadastral map information according to the new administrative unit. Note information of cadastral maps of the old commune-level administrative units outside of the map frame. Edit land lot register books and other relevant documents according to map editing results. If a new cadastral map is formulated or unmapped land lot is measured (excluding measuring for separate or annual certificate issuance and land registration), the district-level People’s Committee shall perform tasks and exercise powers assigned to district-level and commune-level authorities in the district-level administrative unit.”

2. Clause 1 Article 21 is amended as follows:

 “1. When formulating a cadastral map, prepare a technical design - cost estimate according to regulations of this Circular, unless otherwise provided for in Clause 5 of this Article. The technical design - cost estimate must be appraised by the Department of Natural Resources and Environment before they are proposed to the investment deciding authority for approval.

After the technical design - cost estimate are approved, submit a digital application to the Ministry of Natural Resources and Environment (General Department of Land Administration) together with the approving decision for adoption inspection and supervision."

3. Clause 1a is added to Article 21 as follows:

 “1a. Cadastral map formulation and edition and unmapped land lot measurement shall be carried out in connection with land registration, cadastral dossier revision, cadastral database development or land allocation, land lease, land use rights revocation or land clearing and compensation therefor or settlement of land-related complaints, denunciations and disputes or land use planning.”

4. Point 7.1 Clause 7 Article 22 is amended as follows:

 “7.1. In case of unmapped land lot measurement by Land Registration Office or a branch of a Land Registration Office or land use rights registration office (for localities without Land Registration Office) (hereinafter collectively referred to as “ Land Registration Office”) for the purpose of separate or annual certificate issuance or land registration, it is required to have signatures of the person carrying out the measurement and inspector and signature of approval of Director of Land Registration Office outside of the map frame made using the form in Point 4 Section III of Appendix No. 01 enclosed therewith.

In case of unmapped land lot measurement by other cadastral map measurement service providers for the purpose of separate or annual certificate issuance or land registration, it is required to have the signature and seal of the measurement service provider carrying out the measurement, signature of an inspector affiliated to Land Registration Office and signature of approval of Director of Land Registration Office.”

Article 4. Amendments to Article 5 of Circular No. 37/2014/TT-BTNMT dated June 30, 2014 regulating in detail compensation, support, and resettlement upon land expropriation by the State

Article 5 is amended as follows:

“Article 5. Determination of agricultural land area for assistance in living stabilization; and agricultural land for assistance in vocational training, job change and job search upon land use rights revocation

1. Area of agricultural land whose land use rights are revoked for assistance in living stabilization according to regulations in Point b Clause 3 Article 19 of Decree No. 47/2014/ND-CP (amended in Clause 1 Article 2 of Decree No. 148/2020/ND-CP) shall be determined based on each decision to revoke land use rights of the competent People’s Committee and not be aggregated with area of agriculture land whose land use rights have been revoked according to previous decisions to revoke land use rights.

2. Agricultural land eligible for assistance in living stabilization shall be agricultural land currently used by households and individuals in communes where land use rights are revoked at the time of issuance of decisions to revoke land use rights.

3. Agricultural land eligible for assistance in living stabilization and assistance in vocational training, job change and job search upon land use rights revocation includes:

a) Agricultural land originally allocated by the State to households and individuals directly involved in agriculture according to Decree No. 64/CP dated September 27, 1993; and Decree No. 85/1999/ND-CP; forestry land allocated according to Decree No. 02/CP dated January 15, 1994; Decree No. 163/1999/ND-CP; Decree No. 181/2004/ND-CP; and Clause 1 Article 54 of the 2013 Land Law;

b) Agricultural land which is used by households and individuals eligible for agricultural land allocation according to regulations of law on land due to transfer, inheritance and donation per the law and production activities are confirmed to directly take place on which by People’s Committees of communes where land use rights are revoked;

c) Agricultural land which is used by households and individuals eligible for agricultural land allocation according to regulations of law on land without documents on land use rights and not against law on land, which are eligible for land-related compensation, and production activities are confirmed to directly take place on which by People’s Committees of communes where land use rights are revoked;

d) Agricultural land which is transferred by state-owned farms and plantations for agriculture, forestry and aquaculture purposes (excluding land for reserve forests and protection forests) to households and individuals that are directly involved in agricultural and forestry activities and earn stable incomes from agricultural activities on which upon land use rights revocation by the State;

dd) Agricultural land which is transferred by agricultural and forestry companies converted from state-owned farms and plantations (excluding land for reserve forests and protection forests) to households and individuals that are directly involved in agricultural activities and earn stable incomes from agricultural activities on which;

e) Agricultural land which is transferred from agricultural corporations and agricultural cooperatives to households and individuals that are directly involved in agricultural activities and earn stable incomes from agricultural activities on which.

4. In case households and individuals using land mentioned in Clause 2 of this Article have the rights to use less than 30% of currently in-use agricultural land revoked and such revocation affects their life and production, the province-level People’s committee shall decide other supporting measures according to regulations in Article 25 of Decree No. 47/2014/ND-CP based on local situation as appropriate.”

Article 5. Amendments to Circular No. 02/2015/TT-BTNMT dated January 27, 2015 detailing a number of Articles of Decree No. 43/2014/ND-CP and Decree No. 44/2014/ND-CP

1. Article 3 is amended as follows:

 “Article 3. Formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land and coastal land with water surface

1. For localities whose provincial land use planning, district-level land use planning and district-level annual land use plans do not include use of riparian alluvial land and/or coastal alluvial land, and planning for riparian alluvial land and/or coastal alluvial land within administrative divisions of multiple district-level administrative units, provincial People’s Committees and district-level People’s Committees shall review to revise provincial land use planning, district-level land use planning and district-level annual land use plans.

2. Provincial land use planning, district-level land use planning and district-level annual land use plans of coastal districts must include use of coastal land with water surface according to regulations of law on land.”

2. Clause 1 Article 11 is amended as follows:

 “1. The following cases of land repurposing do not require permission from competent authority but require change registration:

a) Repurposing of land for annual plant farming land into other types of agriculture land, namely land for construction of greenhouses and other housing for crop production; land for construction of housing for livestock, poultry and other lawful animals; and land for aquaculture for the purposes of study, research and experimentation;

b) Repurposing into land for farming of other annual plants; repurposing of land for aquaculture into land for perennial plant farming;

c) Repurposing of land for perennial plant farming into land for aquaculture or land for perennial plant farming;

d) Repurposing of residential land into non-agricultural land besides residential land;

dd) Repurposing of land for economic/service activities into non-agricultural business land besides land for non-agricultural production facilities; repurposing of non-agricultural business land besides land for economic/service activities and land for non-agricultural production facilities into land for service structure construction.”

Article 6. Amendment to some Articles of Circular No. 61/2015/TT-BTNMT dated December 15, 2015 on issuance and management of land valuator certificates

1. Point b and Point c Clause 1 Article 3 are amended as follows:

 “b) On page 2, print the following in black ink: “BỘ TÀI NGUYÊN VÀ MÔI TRƯỜNG” (“MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT”); "TỔNG CỤC QUẢN LÝ ĐẤT ĐAI" (“GENERAL DEPARTMENT OF LAND ADMINISTRATION”); valuator’s picture; "Có giá trị đến:" (“Valid until:”) and "Số Chứng chỉ:" (“certificate number:”).

A certificate number shall include 07 numbers, with the first 03 numbers being the ordinal number of the certificate and ranging between 001 and 999, the following 02 numbers being the number of the certificate register book and ranging between 01 and 10, and the last 02 numbers being the last 02 numbers of the issuance year of the certificate.

c) On page 3, print the following in black ink: official name of Vietnam; "CHỨNG CHỈ ĐỊNH GIÁ ĐẤT" (“LAND VALUATOR CERTIFICATE”); "TỔNG CỤC TRƯỞNG TỔNG CỤC QUẢN LÝ ĐẤT ĐAI" (“DIRECTOR GENERAL OF GENERAL DEPARTMENT OF LAND ADMINISTRATION”); "Cấp cho ông/bà:" (“Granted to:”); "Ngày sinh:" (“Date of birth:”); "Quốc tịch:" (“Nationality:”); "Số CMND/CCCD/Hộ chiếu" (“Identity card/Passport number”); "Ngày cấp" (“Issue date”); "Nơi cấp" (“Issuer”); "Được hành nghề tư vấn xác định giá đất trong phạm vi cả nước" (“Permitted to provide land valuation consultancy throughout the country”); date upon which the land valuator certificate is signed; signing person."

2. Point dd Clause 2 Article 5 is amended as follows:

 “dd) General Department of Land Administration shall inspect applications; Director General of General Department of Land Administration shall consider and decide to issue land valuator certificate to a qualified application within 15 days after the date of receipt of the qualified application. Decisions on land valuator certificate issuance shall be made using the form in Appendix No. 05 enclosed therewith;”

3. Clause 2 Article 6 is amended as follows:

“2. An application for land valuator certificate renewal or reissuance shall include:

a) An application for land valuator certificate renewal or reissuance, which is made using the form in Appendix No. 04 enclosed therewith;

b) Certificate of completion of refresher course in land valuation issued within 01 year before the date of application for land valuator certificate renewal if the applicant is applying for renewal (certified true copy; if the copy is not certified, the applicant must bring the authentic copy for comparison);

c) Issued land valuator certificate if the applicant is applying for renewal or reissuance because the certificate is blurry or damaged;

d) 02 4x6 cm color pictures taken within 06 months before the application date."

4. Clause 3 Article 8 is amended as follows:

 “3. According to regulations in Clause 2 herein, Director General of General Department of Land Administration shall consider and decide to revoke land valuator certificates using the form in Appendix No. 06 enclosed therewith.

Decisions on land valuator certificate revocation shall be sent to holders of certificates to be revoked and workplaces of these persons, and posted on web portals of the Ministry of Natural Resources and Environment and General Department of Land Administration.”

5. Clause 2 Article 11 is amended as follows:

 “2. Director General of General Department of Land Administration shall consider and decide to issue, renew, reissue and revoke land valuator certificates; and submit periodic reports on issuance, renewal, reissuance and revocation of land valuator certificates to the Minister of Natural Resources and Environment before December 31 of every year.”

Article 7. Amendment to Circular No. 07/2015/TT-BTNMT dated February 26, 2015 providing for land use plan formulation; formulation of dossiers on land use boundaries; cadastral map measurement and formulation; land rent determination; land allocation, land lease and issuance of certificates of land use rights and ownership of housing and other property on land for agricultural and forestry companies

1. Article 8 is amended as follows:

“Article 8. Steps for handling of land handed over to local government

1. The Department of Natural Resources and Environment shall take charge of measuring land handed over to local government according to the renovation and development scheme or plan and land use plan of the agricultural or forestry company approved by competent authority.

2. The Department of Natural Resources and Environment shall formulate and submit an application for land use rights revocation to the provincial People's Committee for signing and decision.

3. The district-level People's Committee shall assist the provincial People's Committee in formulating and sending a land use plan for land handed over to local government within the administrative division under its management to the Department of Natural Resources and Environment.

4. The natural resources and environment authority shall formulate and submit an application to the competent People's Committee for decision on land allocation, land lease, recognition of land use rights of the current land user according to the approved land use plan; signing of land lease agreement in case of land lease; cadastral map edition (if any) for certificate issuance, on-site land handover and update of the cadastral dossier and land database.

5. The provincial People's Committee shall approve the plan for use of land handed over to local government as appropriate to actual local land management and use and in accordance with the following rules:

a) The plan must be suitable for the land use plan approved by the competent authority;

b) The plan must adhere to regulations of law on land concerning land classification, land user type, land use type, land use term, land use quota and conditions for recognition of land use rights.

c) The plan shall satisfy land use demand of prioritized cases mentioned in Article 46 of Decree No. 43/2014/ND-CP and Decree No. 118/2014/ND-CP;

d) Land allocation, land lease and recognition of land use rights must be carried out in a transparent, democratic, objective, honest and fair manner and ensure that legitimate interest and rights of relevant persons are protected.”

2. Article 10 is amended as follows:

“Article 10. Land allocation, land lease and certificate issuance for agricultural and forestry companies

Based on the renovation and development scheme or plan and land use plan of the agricultural or forestry company approved by competent authority, the Department of Natural Resources and Environment shall formulate and submit an application to the provincial People's Committee for decision on land allocation, land lease and certificate issuance for the agricultural or forestry company.”

Article 8. Amendment to Circular No. 33/2017/TT-BTNMT dated September 29, 2017 elaborating the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 amending some decrees elaborating Land Law and amending some Articles of circulars providing guidelines for Land Law

1. Clause 8 Article 7 (adding Article 9b to Circular No. 24/2014/TT-BTNMT) is amended as follows:

“8. Article 9b is added after Article 9a as follows:

Article 9b. Registration of land use rights and ownership of property on land for organizations and individuals engaging in debt trading according to regulations in Resolution No. 42/2017/QH14 dated June 21, 2017 by the National Assembly

1. Registration of land use rights and ownership of property on land for organizations and individuals engaging in debt trading in case land use rights and ownership of property on land originate from bad debts of credit institutions and foreign bank branches according to Resolution No. 42/2017/QH14 dated June 21, 2017 by the National Assembly shall be carried out if transactions concerning mortgage of land use rights and property on land are made in compliance with regulations of law on land and other relevant law; trading of debts being land use rights and property on land take place in accordance with regulations of law on debt trading.

2. An application for registration of land use rights and ownership of property on land shall include:

a) Application for registration of change to land and property on land made using Form No. 09/DK;

b) Original copy of the issued certificate;

c) Written agreement or contract on mortgage specifying that mortgaged property shall be handled by allowing the mortgagee/obligee to receive collateral;

d) Document on debt trading according to regulations of law on debt trading, which specifies that the debt buyer may inherit rights and obligations of the mortgagee/oblige concluded in the mortgage agreement/guarantee agreement;

dd) Document on handover of property involved in debt trading or settlement document of competent authority per regulations of law in case an agreement on handover of property involved in debt trading cannot be reached or record of property seizure according to regulations in Clause 5 Article 7 of Resolution No. 42/2017/QH14 dated June 21, 2017 by the National Assembly.”

2. Clause 1 Article 9 is amended as follows:

“1. Article 5a and Article 5b are added after Article 5 as follows:

Article 5a.Applications for approval for repurposing of paddy land, land for protection forests and land for reserve forests for project performance submitted to Prime Minister

1. An application submitted by the provincial People's Committee to the Ministry of Natural Resources and Environment shall include:

a) Application of the provincial People's Committee made using Form No. 03a enclosed therewith;

b) Written approval for investment guidelines per regulations of law on investment or written decision on investment guidelines per regulations of law on public investment unexpired at the time of application submission, unless approval for investment guidelines per regulations of law on investment or decision on investment guidelines per regulations of law on public investment is not required;

c) Decision approving district-level annual land use plan and explanatory report on district-level annual land use plan approved by competent authority; copy of map of district-level annual land use plan formulated and signed by and bearing the seal of the Department of Natural Resources and Environment;

d) Resolution of the provincial People's Council approving list of projects requiring land use rights revocation for the cases mentioned in Clause 3 Article 62 of the Land Law;

dd) Afforestation plan approved by competent authority or document confirming payment for afforestation according to regulations of law on forestry if the project repurposes land for protection forests or land for reserve forests or topsoil use plan according to regulations of Decree No. 94/2019/ND-CP.

2. An application formulated and submitted by the Ministry of Natural Resources and Environment to the Prime Minister shall include:

a) Proposal submitted by the Ministry of Natural Resources and Environment to the Prime Minister;

b) Documents mentioned in Clause 1 herein;

c) Minutes of meeting of the council for appraisal for approving repurposing of paddy land, land for protection forests and/or land for reserve forests for investment project performance chaired by the Ministry of Natural Resources and Environment in cooperation with the Ministry of Agriculture and Rural Development and relevant ministries (if any).

3. Dossiers on appraisal for repurposing of paddy land, land for protection forests or land for reserve forests to be submitted to the Prime Minister for investment guidelines approval according to regulations in Point a Clause 3 Article 32 of Decree No. 31/2021/ND-CP shall include the components mentioned in Article 31 of Decree No. 31/2021/ND-CP and Points c and dd Clause 1 of this Article, documents of the provincial People’s Committee specifying remaining allocated land use quota by the time of project proposal and compliance with regulations of law on land of the investor.

Article 5b.Applications for approval for repurposing of paddy land, land for protection forests and land for reserve forests for project performance submitted to provincial People’s Councils

1. An application formulated and submitted by the Department of Natural Resources and Environment to the provincial People's Committee shall include:

a) Application to the provincial People's Committee made using Form No. 03b enclosed therewith;

b) Documents mentioned in Points b, c, d and dd Clause 1 Article 5a of this Circular.

2. An application formulated and submitted by the provincial People's Committee to the provincial People’s Council shall include:

a) Application to the provincial People's Council made using Form No. 03c enclosed therewith;

b) Documents mentioned in Clause 1 herein.”

3. Clause 3 Article 11 is amended as follows:

 “Article 6a. Compensation and assistance for remaining land ineligible for use after land use rights revocation

1. For organizations, households and individuals currently using agricultural land or non-agricultural land besides residential land, if, after land use rights revocation by the State, the remaining area is ineligible for use according to regulations of the provincial People’s Committee and if the land user applies for land use rights revocation, the competent People’s Committee shall consider and decide land use rights revocation and provide compensation and assistance as prescribed by law.

2. Compensation and assistance upon land use rights revocation by the State in the case provided in Clause 1 herein must be included in the compensation, assistance and relocation plan and funding for compensation, assistance and relocation of the investment project.”

Article 9. Amendments to Circular No. 27/2018/TT-BTNMT dated December 14, 2018 on land statistics and stocktaking and mapping of current use of land

1. Section 2.2.5.6. of Appendix 01 is amended as follows:

 “2.2.5.6. Land used for mineral activities is land used for mineral exploration, extraction and processing in connection with the mineral extraction area, land used for construction of works supporting mineral activities (including offices, break-time houses and other works servicing workers in connection with the mineral extraction area) and safety corridors in mineral activities (including minerals being soil, rocks, sand and gravel used for production of construction materials, pottery, ceramics and glass issued with a mineral extraction license by competent authority).”

2. Section 2.2.5.7. of Appendix 01 is amended as follows:

“2.2.5.7. Land used for construction material and pottery production is land used for extraction of soil, rocks, sand and gravel (excluding soil, rocks, sand and gravel being minerals used for production of construction materials, pottery, ceramics and glass issued with a mineral extraction license by competent authority) and land used as premises for processing and production of construction materials, pottery, ceramics and glass in connection with the extraction area.”

Article 10. Implementing responsibilities

1. Ministries, ministerial-level agencies, provincial People’s Committees and relevant organizations and individuals shall implement this Circular.

2. General Department of Land Administration shall inspect and expedite implementation of this Circular.

3. Departments of Natural Resources and Environment shall assist provincial People’s Committees in implementing this Circular in their provinces and cities.

4. During the implementation of this Circular, any difficulty arising should be promptly reported to the Ministry of Natural Resources and Environment for consideration and resolution.

Article 11. Implementation clauses

1. This Circular comes into force from September 01, 2021.

2. Applications for repurposing of paddy land, land for protection forests and land for reserve forests adequately formulated according to regulations prior to the entry into force of this Circular are not required to be reformulated according to regulations of this Circular. If remaining allocated land use quota of a 2020 land use plan are not fully met by the end of the plan implementing period, the provincial People’s Committee shall direct adding the quota to district-level annual land use plans for approval and implementation until the land use plan for the next period is approved.

3. In case repurposing of paddy land, land for protection forests and land for reserve forests approved by the Prime Minister according to remaining allocated land use quota is not completed by the end of the 2020 land use plan implementing period, the provincial People’s Committee shall direct updating land demand to district-level annual land use plans and proposing the plans to competent authority for approval to complete this task; concurrently, update to 2021-2030 land use planning as prescribed by law.

4. Land use plans of agricultural and forestry companies and plans for use of land handed over to local government approved by competent authority prior to the entry into force of this Circular may continue to be implemented and are not required to follow regulations of this Circular.

Land use plans of agricultural and forestry companies and plans for use of land handed over to local government not yet approved by competent authority prior to the entry into force of this Circular must follow regulations of this Circular.

5. In case an application for registration of land/property on land or certificate issuance requires a copy of identity card or military identity card or family register or another documentary proof of identity, the application receiving authority shall use data from the national population database instead of requesting the applicant to submit the abovementioned documentary proof of identity if the national population database has been shared and connected with other sectors (including land sector).

6. For district-level administrative units not divided into commune-level administrative units, cadastral dossiers shall be formulated according to the district-level administrative unit; for applications requiring confirmation of the commune-level administrative unit, the district-level People's Committee shall give or delegate the confirmation according to regulations of law on local government organization and resolutions of the Standing Committee of the National Assembly on establishment of district-level administrative units.

7. Clause 5 Article 11 of Circular No. 24/2014/TT-BTNMT (amended according to Clause 10 Article 7 of Circular No. 33/2017/TT-BTNMT) shall be changed into Clause 7 Article 11 of Circular No. 24/2014/TT-BTNMT.

8. Clause 1 Article 19 and Clause 3 Article 20 of Circular No. 02/2015/TT-BTNMT; Article 4, Clauses 2, 3, 4, 5 and 6 Article 7, Clause 1 Article 11 and Clause 1 Article 12 of Circular No. 33/2017/TT-BTNMT; and Clause 6 Article 1 of Circular No. 24/2019/TT-BTNMT are annulled.

9. Form No. 04d/DK of Circular No. 24/2014/TT-BTNMT is amended; Forms No. 03a, 03b and 03c, tables 01 and 02 in Forms No. 3a, 3b and 3c and table 03 in Form No. 3a of Circular No. 33/2017/TT-BTNMT are amended; Appendixes No. 01, 05 and 06 of Circular No. 61/2015/TT-BTNMT are replaced./.