Thông tư 30/2014/TT-BTNMT

CIRCULAR

ON APPLICATIONS FOR LAND ALLOCATION, LEASE, REPURPOSING AND EXPROPRIATION

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Government’s Decree No. 21/2013/ND-CP dated March 04, 2013 on functions, tasks, power and organizational structure of the Ministry of Natural Resources and Environment;

At the requests of the Director General of the General Department of Land Management and Director of the Department of Legal Affairs,

The Minister of Natural Resources and Environment promulgates a Circular on applications for land allocation, lease, repurposing and expropriation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular deals with applications for land allocation, lease, repurposing and expropriation.

Article 2. Regulated entities

This Circular applies to state authorities, natural resource and environmental authorities; domestic households, organizations or individuals; religious institutions; overseas Vietnamese; foreign diplomatic organizations; foreign-invested enterprises and other organizations and individuals involving in land allocation, lease, repurposing and expropriation.

Chapter II

APPLICATIONS FOR LAND ALLOCATION, LEASE, REPURPOSING AND EXPROPRIATION

Article 3. Applications for land allocation and land lease without holding auctions of land use rights under management of People’s Committees of provinces/central-affiliated cities

1. An applicant for land allocation or land lease shall submit a set of application if the project is subject to approval by a competent authority or must obtain a certificate of investment, including:

a) A completed application form for land allocation or land lease provided in the specimen No. 1 attached hereto;

b) A copy of the certificate of investment or a written approval together with notes of the project.

If applying for land allocation to use for the purposes of national security, the applicant shall not enclose the copy of notes of investment but shall submit a copy of the decision on investment in national security construction works made by the competent state authority, which includes contents related to the land use or the approval of the operating location planning of the Ministry of National Defense and the Ministry of Public Security.

If the land is used for mineral extraction, the applicant shall obtain a license granted by a competent state authority.

c) A written assessment of the demand for land use; assessment of requirements for land allocation or lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law (hereinafter referred to as “Decree No. 43/2014/ND-CP”) that has been made together with the issuance of the certificate of investment or assessment of investment project or approval of the project;

d) An extracted cadastral map or extracted cadastral survey of the piece of land.

The natural resource and environmental authority shall provide the extracted cadastral map of the piece of land for the places where cadastral maps or cadastral surveys have been made at the request of the applicant.

2. The applicant shall submit a set of application if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment; or the plan for construction project is not required, including:

a) The documents specified in Point a and Point d Clause 1 this Article;

b) A copy of the notes of the investment project if the project is not subject to approval by a competent authority or the project is exempted from the certificate of investment;

c) A copy of the technical-economic report if the plan for construction project is not required.

In case of applying for land allocated to the religious institution, the applicant shall make a technical-economic report on the construction of such religious institution.

3. An application submitted to the People’s Committee of province/central-affiliated city (hereinafter referred to as “People’s Committee of province”) for issuance of the decision on land allocation or land lease made by the Department of Natural Resources and Environment of province shall include:

a) The documents specified in Clause 1 and Clause 2 this Article.

In the cases where the project uses land for rice cultivation, forest protection or special-use forest for other purposes that are not granted permission to invest or approval to invest by the Prime Minister, the applicant shall obtain a written permission for land repurposing granted by the Prime Minister or a relevant resolution granted by the People’s Council of province prescribed in Clause 1 Article 58 of the Land Law and Clause 2 Article 68 of the Decree No. 43/2014/ND-CP.

Where the project having direct investments given by a foreign investor either on an island, in a bordering or coastal commune/ward/townlet that is not granted approval to invest by the National Assembly or the Prime Minister, the applicant shall obtain a written approval granted by the Ministry of National Defense, the Ministry of Public Security or the Ministry of Foreign Affairs stipulated in Clause 2 Article 58 of the Land Law and Article 13 of the Decree No. 43/2014/ND-CP;

b) A written assessment of demand for land use; assessment of requirements for land allocation or land lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment; or plan for construction project is not required;

c) A written request and a draft of the decision on land allocation (specimen No. 2) or land lease (specimen No. 3) attached hereto.

Article 4. Applications for land allocation and land lease without holding auctions of land use rights under management of People’s Committees of districts/towns/provincial cities

1. The applicant shall submit a set of application including the documents stated in Point a and Point d Clause 1 Article 3 herein;

2. An application submitted to the People’s Committee of district/town/provincial city (hereinafter referred to as “People’s Committee of district”) for issuance of the decision on land allocation or land lease made by the Department of Natural Resources and Environment of district shall include:

a) The documents specified in Clause 1 this Article;

b) A written assessment of demand for land use; assessment of requirements for land allocation or land lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP;

c) A written request and a draft of the decision on land allocation (specimen No. 2) or land lease (specimen No. 3) attached hereto.

Article 5. Applications for issuance of decisions on cancellation of final bids of land use rights in case of land allocation or lease through auctions of land use rights

An application submitted to the competent People’s Committee shall consist of:

1. A decision on accreditation of the final bid of land use rights.

2. A report given by the natural resource and environmental authority when the bid winner fails to pay full amount of money.

3. A written request and a draft of the decision on cancellation of the final bid of land use rights.

Article 6. Applications for repurposing of land

1. The applicant shall submit a set of application if land repurposing is subject to approval by a competent state authority, including:

a) A completed application form for repurposing of land provided in the specimen No. 1 attached hereto;

b) Either of the certificate of land use rights, certificate of house ownership and land use rights or the certificate of land use rights, house ownership and other property pertaining to land.

2. An application for repurposing of land submitted to the competent People’s Committee shall consist of:

a) The documents specified in Clause 1 this Article;

b) An on-site inspection record;

c) A copy of the notes of investment project if the project is not subject to approval by a competent authority or exempted from the certificate of investment; copy of the technical-economic report made by an organization using land if the plan for construction project is not required; the written assessment of demand for land use; or assessment of requirements for repurposing of land stipulated in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP that has been made when granting the certificate of investment, carrying out assessment of the investment project or considering approving of the project if it is required to be submitted to the competent state authority for approval or the project must obtain the certificate of investment;

d) A written assessment of demand for land use or assessment of requirements for repurposing of land specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment and the plan for construction project is not required.

If a household or an individual applies for land repurposing from agricultural purposes to commercial purposes with the area of 0.5 ha or over, the applicant shall send an additional written approval made by the People’s Committee of province according to provisions of Point a Clause 2 Article 59 of the Land Law;

dd) The extracted cadastral map or extracted cadastral survey of the piece of land;

e) A written request and a draft of the decision on repurposing of land provided in the specimen No. 5 attached hereto.

Article 7. Written assessments of demand for land use; assessments of requirements for land allocation, lease or repurposing

1. The written assessment of demand for land use; assessment of requirements for land allocation, lease or repurposing prescribed in Articles 3, 4 and 6 herein shall be made on the basis of the application for land allocation, lease or repurposing and comments received from an assessment meeting or written comments made by relevant authorities or entities or results of field surveys.

2. Contents of the written assessment of demand for land use:

a) Assessment on the compliance of the plan for using land with that approved by the competent state authority;

b) Assessment on the compliance of the specialized planning approved by the competent state authority related to the project (if any);

c) Assessment of requirements for land use of the project as specified in regulations on criteria and norms for land use. If there is no regulation on criteria and norms for land use imposed upon the project, the assessment authority shall rely on the scale and nature of the project and the possibility to meet the land fund of the local area to carry out the assessment;

d) Assessment on the possibility of land use to ensure effectiveness through carrying out assessment on the capacity to execute the project of the investor; environmental impact of land use; compliance with the technical or social infrastructure; coefficients, construction density, height, depth in the ground for the construction project; impact on the national security (if any);

dd) Requirements for the area and purposes of land use and possibility to meet the local land fund if the plan for investment project is not required.

3. Contents of the written assessment of requirements for land allocation, lease or repurposing specified in Clause 3 Article 58 of the Land Law shall consist of:

a) Identification of the type of the investment project and subjects that must satisfy requirements for land allocation, lease or repurposing;

b) Assessment on possibility to meet requirements for the deposit and financial capacity to ensure that the land shall be used on schedule, requirements for not violating against regulations of law on land while using the land allocated or leased out by the State to execute another project.

Article 8. Documents about on-site land transfer

Documents about on-site land transfer include:

1. A record on land allocation provided in the specimen No. 6 attached hereto;

2. A record on the transfer of the certificate of land use rights, house ownership and other property pertaining to land (if any).

Chapter III

APPLICATIONS FOR LAND EXPROPRIATION

Section 1. APPLICATIONS FOR LAND EXPROPRIATION FOR THE PURPOSES OF NATIONAL SECURITY; SOCIO-ECONOMIC DEVELOPMENT FOR NATIONAL AND PUBLIC INTERESTS

Article 9. Application for issuance of a notice of land expropriation

An application for issuance of the notice of land expropriation by the competent People’s Committee shall consist of:

1. A written request and the draft of the notice of land expropriation provided in the specimen No. 7 attached hereto.

In the cases where the project uses land for rice cultivation, forest protection or special-use forest for other purposes that are not granted permission to invest or approval to invest by the Prime Minister, the applicant shall obtain a written permission for land repurposing granted by the Prime Minister or a relevant resolution granted by the People’s Council of province prescribed in Clause 1 Article 58 of the Land Law and Clause 2 Article 68 of the Decree No. 43/2014/ND-CP;

2. The drawing of the location, boundary and area of the land expropriated for the project execution (included in the annual plan for land use of the district);

3. The extracted cadastral map or extracted cadastral survey of pieces of land located in the boundary of the land area expropriated for the project execution.

Article 10. Applications for issuance of decisions on compulsory tally and decisions on enforcement thereof

1. An application for issuance of the decision on compulsory expropriation by the People’s Committee of district shall include:

a) A notice of land expropriation;

b) A written request for compulsory tally made by an organization responsible for making compensation;

c) A report made by the People’s Committee of commune/ward/townlet (hereinafter referred to as “People’s Committee of commune") where land is expropriated on the progress thereof and persuading the land user to comply with regulations for carrying out investigation, survey, measurement and tally;

dd) The extracted cadastral map or extracted cadastral survey of the piece of land (available when the application for the notice of land expropriation is made);

dd) A written request and the draft of decision on compulsory tally provided in the specimen No. 8 attached hereto.

2. An application submitted to the People’s Committee of district for issuance of the decision on compulsory tally made by the Department of Natural Resources and Environment of district shall include:

a) A decision on compulsory tally;

b) A written request for enforcement of compulsory tally made by the organization responsible for making compensation;

c) A written request and a draft of the decision on enforcement of compulsory tally provided in the specimen No. 9 attached hereto.

Article 11. Applications for issuance of decisions on land expropriation and decisions on enforcement thereof

1. An application for issuance of the decision on land expropriation by the competent People’s Committee shall consist of:

a) A notice of land expropriation;

b) A draft of assessed plans for compensation, assistance and relocation and a document on collection of comments of the entity whose land is expropriated;

c) Either of the certificate of land use rights, certificate of house ownership and land use rights, the certificate of land use rights, house ownership and other property pertaining to land or any documents on land use rights specified in Article 100 of the Land Law and Article 18 of the Decree No. 43/2014/ND-CP (if any);

d) The extracted cadastral map or extracted cadastral survey of the piece of land (available when the application for the notice of land expropriation is made);

dd) A written request and the draft of decision on land expropriation provided in the specimen No. 10 attached hereto.

2. An application for issuance of the decision on enforcement of land expropriation by the People’s Committee of district shall include:

a) A decision on land expropriation;

b) A written request for enforcement of land expropriation made by the organization responsible for making compensation;

c) A report made by the People’s Committee of commune where land is expropriated on the progress thereof and persuading the entity whose land is expropriated but not complying with regulations on transferring land to the organization responsible for making compensation;

d) A written request and the draft of decision on enforcement of land expropriation provided in the specimen No. 11 attached hereto.

Section 2. APPLICATIONS FOR LAND EXPROPRIATION DUE TO VIOLATIONS AGAINST REGULATIONS OF LAW ON LAND, TERMINATION OF LAND USE, VOLUNTARY RETURN OF LAND OR THREAT TO HUMAN LIFE

Article 12. Applications for issuance of decisions on land expropriation and decisions on enforcement thereof due to violations against regulations of law on land

1. An application for issuance of the decision on land expropriation by the competent People’s Committee shall consist of:

a) A record on administration violations in case of the violations specified in Points a, b, dd and e Clause 1 Article 64 of the Land Law (available when penalties for such administration violation are imposed);

b) A record on determination of violations in case of the violations specified in Points c, d, g, h and i Clause 1 Article 64 of the Land Law (available when administration violations are inspected);

c) Either of the certificate of land use rights, certificate of house ownership and land use rights, the certificate of land use rights, house ownership and other property pertaining to land or any documents on land use rights specified in Article 100 of the Land Law and Article 18 of the Decree No. 43/2014/ND-CP (if any);

d) An on-site inspection record made by the natural resource and environmental authority (if any);

dd) The extracted cadastral map or extracted cadastral survey of the piece of land;

e) A written request and the draft of decision on land expropriation provided in the specimen No. 10 attached hereto.

2. An application for issuance of the decision on enforcement of land expropriation by the competent People’s Committee shall consist of:

a) A decision on land expropriation;

b) A report made by the natural resource and environmental authority on disseminating and persuading the entity whose land is expropriated but not complying with the decision on land expropriation;

c) A written request and the draft of decision on enforcement of land expropriation provided in the specimen No. 11 attached hereto.

Article 13. Applications for issuance of decisions on land expropriation or decisions on enforcement thereof due to termination of land use, voluntary return of land or threat to human life

1. An application for issuance of the decision on land expropriation due to termination of land use stated in Point a Clause 1 Article 65 of the Land Law shall include:

a) A document on notification or return of land in case of an organization whose land is allocated by the State with or without collection of land levy and the land levy is paid from the state budget or land lease with annual land rental now moving to another place, declining demand for use or no longer using land;

b) A decision on dissolution or bankruptcy if land is expropriated by the organization whose land is allocated by the State with or without collection of land levy and the land levy is paid from the state budget or land lease with annual land rental now being dissolved or bankrupt;

c) Either of the certificate of land use rights, certificate of house ownership and land use rights, the certificate of land use rights, house ownership and other property pertaining to land or any documents on land use rights specified in Article 100 of the Land Law and Article 18 of the Decree No. 43/2014/ND-CP (if any);

d) An on-site inspection record made by the natural resource and environmental authority (if any);

dd) The extracted cadastral map or extracted cadastral survey of the piece of land;

e) A written request and the draft of decision on land expropriation provided in the specimen No. 10 attached hereto.

2. An application for issuance of the decision on land expropriation due to termination of land use stated in Point b Clause 1 Article 65 of the Land Law shall include:

a) The death certificate or a decision stated the death of the land user;

b) A written confirmation of no heir made by the People’s Committee of commune where the dead land user resides;

c) The documents specified in Points c, d, dd and e Clause 1 this Article.

3. An application for issuance of the decision on land expropriation due to return of land voluntarily carried out by the land user stated in Point c Clause 1 Article 65 of the Land Law shall include:

a) A document on land return carried out by the land user or a written confirmation thereof made by the People’s Committee of commune;

b) The documents specified in Points c, d, dd and e Clause 1 this Article.

4. An application for the decision on land expropriation due to termination of land use stated in Point d Clause 1 Article 65 of the Land Law shall include:

a) The decision on land allocation/lease or the Land Lease Agreement;

b) A notice given to the land user stated that he/she is not permitted to extend the land use;

c) The documents specified in Points c, d, dd and e Clause 1 this Article.

5. An application for the decision on land expropriation due to threat to human life stated in Points dd and e Clause 1 Article 65 of the Land Law shall include:

a) A document made by the competent authority on determining the extent of environmental pollution, landslides, subsidence, affected by other natural disasters that threaten human life;

b) Documents specified in Points c, d, dd and e Clause 1 this Article.

6. An application for the decision on enforcement of land expropriation due to termination of land use or threat to human life shall consist of the documents stated in Clause 2 Article 12 herein.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14. Effect

1. This Circular comes into force from July 17, 2014.

2. This Circular shall replace the Circular No. 14/2009/TT-BTNMT dated October 01, 2009 by the Minister of Natural Resources and Environment specifying compensation, assistance, relocation and procedures for land expropriation, allocation and lease.

3. In the cases where an application for land allocation, lease or repurposing that is received by the competent state authority but has not been granted by July 01, 2014:

The applicant for land allocation, lease or repurposing shall not re-make the application, except for cases specified in Point b this Clause. Competent state authorities shall follow procedures for land allocation, lease or repurposing according to regulations of the 2003 Land Law and written guidance on implementation;

b) In the cases where the submitted application is invalid in terms of forms of land allocation or lease; eligibility of the applicant for land allocation, lease or repurposing; reasons for land repurposing that is subjected to permission according to regulations of the 2013 Land Law and the Decree No. 43/2014/ND-CP the application-receiving authority shall provide the applicant with guidance on submission of additional documents in line with regulations of the 2013 Land Law and written guidance on implementation.

Article 15. Duties of People’s Committees and natural resource and environmental authorities

1. The Director General of the General Department of Land Management shall inspect, supervise and speed up implementation of this Circular.

2. Chairpersons of People’s Committees of provinces shall direct implementation of this Circular in their provinces and review or invalidate local regulations that are against provisions stated herein.

3. Directors of Departments of Natural Resources and Environment of provinces shall implement this Circular.

4. Any issues arising in the course of implementation shall be promptly reported to the Ministry of Natural Resources and Environment.

Specimen No. 1. Application form for land allocation/lease/repurposing

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
------------------------

..., (date) ....

APPLICATION FORM FOR ¹….

To: People’s Committee of ² ...................

1. Name of applicant for land allocation/lease/repurposing ³ …………..

.....................................................................................................................................

2. Address/head office: ................................................................................................

3. Contact address: ................................................................….................………………

4. Location of the land area: ................................................................….................……

5. Area (m²): ..........................................................................................

6. Purpose of use: ⁴..................................................................................

7. Term of use: ………………………………………..........…………..

8. Hereby commit to use land for proper purposes, comply with regulations of law on land and make full payment for land levy/land rental (if any) on schedule;

Other commitments (if any) ..........................................................................................

.....................................................................................................................................

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¹ Specify the type of the application form either for land allocation/lease/repurposing.

² Specify name of the People’s Committee having the power to grant permission for land allocation/lease/purposing.

³ Specify the full name of the individual applying for land use/representative of a household or an organization; information about the individual (ID card/passport number and date of its issuance); information about the organization (decision on establishment of the authority or service provider/written accreditation of the religious institution/business registration certificate/certificate of investment of the enterprise/business entity, etc.).

⁴ Specify the purpose of land use for executing the project according to the certificate of investment or a written approval of investment if the applicant has obtained such documents.

Specimen No. 2. Decision on land allocation

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION ON LAND ALLOCATION

PEOPLE’S COMMITTEE OF ...

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the annual plan for land use made by …… approved through the Decision No. ……….. issued by the People’s Committee of ………..;

At the request of the Department of Natural Resources and Environment of province (district) mentioned in the written request No. ... dated ……….. ,

DECIDES:

Article 1: To allocate to … (full name and address of the land recipient) …m² of land located in commune/ward/townlet …, district/town/provincial city …, province/central-affiliated city … for the purpose of …

Term of land use is .... , from (date) ………………….. ⁽¹⁾

Location and boundary of the land area are determined according to the extract cadastral map (or extracted cadastral survey) No. ..., scale ... issued by ... dated ……………… and assessed by ………

Form of land allocation ⁽²⁾ :……………………………………….

Payable land price/land levy ……………… (in case of land allocation with collection of land levy).⁽³⁾

Restrictions on rights of the land user (if any): ……………………..

Article 2: To assign ………………….. to perform the following tasks:

1. Notify the land recipient of making payment for land levy, fees and charges prescribed in regulations of law;

2. Specify the boundary marker and land allocation;

3. Grant the certificate of land use rights to the land user that has fulfilled financial obligations;

4. Correct and edit cadastral documents.

Article 3: This Decision comes into force from the signing date.

Chief of secretariat of the People’s Committee of ………………. ... and the land recipient mentioned in Article 1 shall implement this Decision.

The office of the People’s Committee of ………………… shall publish this Decision on the website of ………………..

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⁽¹⁾ Specify until (date)……………… if the land allocation is fixed-term.

⁽²⁾ Specify the form of land allocation with or without collection of land levy/repurposing from land lease to land allocation/repurposing of land allocation from not collecting land levy to collecting land levy, etc.

⁽³⁾ If the decision on approval of particular land prices is not issued.

Specimen No. 3. Decision on land lease

 (Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION ON LAND LEASE

PEOPLE’S COMMITTEE OF ...

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the annual plan for land use made by …… approved through the Decision No. ……….. issued by the People’s Committee of ………..;

At the request of the Department of Natural Resources and Environment of province (district) mentioned in the written request No. ... dated ……….. ,

DECIDES:

Article 1: To allocate to … (full name and address of the land recipient) ….m² of land located in commune/ward/townlet …, district/town/provincial city …, province/central-affiliated city … for the purpose of …

Term of land use is ..., from (date).............. to (date)...............

Location and boundary of the land area are determined according to the extract cadastral map (or extracted cadastral survey) No. ..., scale ... issued by ... dated ……………… and assessed by ………

Form of land lease: ⁽¹⁾....

Payable land price/land levy ……………………………

Restrictions on rights of the land user (if any): ……………………..

Article 2: To assign ………………….. to perform the following tasks:

1. Notify the land lessee of making payment for land rental, fees and charges prescribed in regulations of law;

2. Conclude the Land Lease Agreement with ……………………

3. Specify the boundary marker and land allocation;

4. Grant the certificate of land use rights to the land user that has fulfilled financial obligations;

5. Correct and edit cadastral documents.

Article 3: This Decision comes into force from the signing date.

Chief of secretariat of the People's Committee of.................... and the land lessee mentioned in Article 1 shall implement this Decision.

The office of the People’s Committee of ………………… shall publish this Decision on the website of ………………..

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⁽¹⁾ Specify either the land rental is paid annually or in lump sum for the whole land lease term; repurposing from land allocation to land lease, etc.

Specimen No. 4. Land Lease Agreement

 (Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

LAND LEASE AGREEMENT

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the Decision No. ............... dated ..................... by the People's Committee of ................... on land for lease .................. ¹

Today, on (date) ……………………… at ..................................., we are:

I. The Lessor:

……………………………………………………………………………..

……………………………………………………………………………..

II. The Lessee: ..................................................................................

 (Specify full name and permanent address if the Lessee is a householder; specify full name, permanent address, ID card, bank account (if any) if the Lessee is an individual; specify name and headquarters’ address of the organization and full name and position of the representative and bank account if the Lessee is an organization, etc.).

III. Both Parties agree to conclude the Land Lease Agreement with the following terms and conditions:

Article 1. The Lessee shall lease the land area leased out by the Lessor as follows:

1. Area: ………………. m² (specify both in figures and in words, unit: square meter)

At … (specified the commune/ward/townlet; district/town/provincial city; province/central-affiliated city where the land is leased out).

2. Location and boundary of the land area are determined according to the extract cadastral map (or extracted cadastral survey) No. ..., scale ... issued by ... dated ……………… and assessed by ………3. Term of land use is .... (specify number of rental year(s) or month(s) both in figures and in words in line with the land lease term), from (date) ......................... to (date) ....................

4. Purpose of use: .......................................

Article 2. The Lessee shall make payment for land rental as follows:

1. The land price calculated for land rental shall be VND .../m²/year, (specify both in figures and in words).

2. The land rental shall apply from (date) ...................................

3. Payment method: ...................................

4. Place of payment: ........................................

5. The land lease shall not violate the right of the State as the owner's representative of the land and all underground resources.

Article 3. The land on the rental land area shall be used in accordance with the purpose of use mentioned in Article 1 of this Agreement ².....

Article 4. Rights and obligations of Parties

1. The Lessor shall create favorable conditions for the Lessee to use the land during the performance of the Agreement, shall not transfer the use rights of the above-mentioned land area to a third party and shall comply the decision on land expropriation according to regulations of law on land;

2. In the performance of the Agreement, the Lessee shall have rights and obligations specified in regulations of law on land.

In the cases where the Lessee is changed due to division, split-up, merger or transformation of the enterprise, or sale of property pertaining to land for lease ...................................., the entity legally formed after the Lessee is changed shall continue fulfilling rights and obligations of the Lessee within the remaining term of this Agreement.

3. If the Lessee reimburses part of or the entire land area before the Agreement term, the Lessee shall notify the Lessor at least 6 months in advance. The Lessor shall make a response to the Lessee within 3 months from the date receiving the notification from the Lessee. The termination of the Agreement shall be determined from the day on which the ground is transferred.

4. Other rights and obligations agreed upon by both Parties (if any) ³

..................................................................................................................

Article 5. The Land Lease Agreement shall be terminated if:

1. There is no land lease extension when the land lease term expires;

2. Either Party or Parties to the Agreement request and obtain approval from a competent state authority responsible for land lease;

3. The Lessee is bankrupt or dissolved or has property sold publicly;

4. The Lessee has land expropriated by the competent state authority according to regulations of law on land.

Article 6. The property pertaining to land shall be disposed of after this Agreement is terminated according to regulations of law.

Article 7. Both Parties shall commit to comply with terms and conditions of this Agreement. Any Party that fails to execute the Agreement shall compensate for breach of Agreement.

Other commitments (if any) ⁴...............................................

.....................................................................................................................

Article 8. This Agreement is made into 4 copies with the same validity. Each Party shall keep 1 copy and each of the 2 remaining copies shall be sent to the tax authority and the state treasury where the land rental is collected.

This Agreement enters into force from (date) ………………………...

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¹ Specify the written recognition of the auction result; decision on recognition of the final bid of land use rights; or certificate of investment, etc.

² Specify in accordance with the certificate of investment ... of the Lessee (if any).

³ Ensure the compliance with regulations of law on land and relevant law.

⁴ Ensure the compliance with regulations of law on land and relevant law.

Specimen No. 5. Decision on repurposing of land

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION ON REPURPOSING OF LAND

PEOPLE’S COMMITTEE OF ...

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the annual plan for land use made by …… approved through the Decision No. ……….. issued by the People’s Committee of ………..;

At the request of the Department of Natural Resources and Environment of province (district) mentioned in the written request No. ... dated ……….. ,

DECIDES:

Article 1. To allocate to … (full name and address of the land recipient) … to repurpose land located in commune/ward/townlet …, district/town/provincial city …, province/central-affiliated city … into the purposes of …

Location and boundary of the land area are determined according to the extract cadastral map (or extracted cadastral survey) No. ..., scale ... issued by ... dated ……………… and assessed by ………

Term of use: ………………………………………..........…………..

Land price used for calculating the payable land levy/land rental: ¹ …………………

Restrictions on land use after repurposing land....................................

Article 2: To assign ………………….. to perform the following tasks:

1. Provide guidance on……... for the land user to fulfill financial obligations;

2. Specify the boundary marker and land allocation;

3. Grant the certificate of land use rights to the land user that has fulfilled financial obligations;

4. Correct and edit cadastral documents.

Article 3: This Decision comes into force from (date)……………………..

Chief of secretariat of the People's Committee of.................... and the land user mentioned in Article 1 shall implement this Decision.

---------------------------------

¹ If the decision on approval of particular land prices is not issued.

Specimen No. 6. Record on land allocation

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
------------------------

RECORD ON LAND ALLOCATION

In order to implement the Decision No. .................... dated ........................ by the People’s Committee of…………… on land allocation/land lease, today, on (date)………….. at………….., we are:

I. Representative of the natural resource and environmental authority:

………………………………………………………………….

II. Representative of the People’s Committee of commune/ward/townlet…

……………………………………………………………………….

III. The land recipient:

……………………………………………………………………..

IV. Parties shall allocate land as follows:

1. Allocate the piece of land No. …, map No. …. located at.................... to (name of the land user) for the purposes of ......................

2. Allocate and receive land in line with boundary markers and boundaries of the piece of land, area ...m² determined according to the extracted cadastral map (or extracted cadastral survey) No. …, scale … made by … dated …  and accessed by ..., including:

………………………………………………………………………….;

…………………………………………………………………………..

3. This record is made at (time) ……. on the same day. Parties (the undersigned) have listened and agreed to implement this record.

This record is made into … copies with the same validity and sent to ……………

Specimen No. 7. Notice of land expropriation

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

NOTICE OF LAND EXPROPRIATION

for the execution of the project of………………..

Pursuant to ¹ ..........................................................of the Law on Land;

Pursuant to the annual plan for land use made by …… approved by the People’s Committee of ……….. on (date)………………..;

Pursuant to the progress of land use to execute the project ²…………………………………

At the request of the Department of Natural Resources and Environment of province (or district) mentioned in the written request No. ……………. dated...................

The People’s Committee of.............................. shall notify as follows:

1. Expropriate land of...................... (specify name of the entity whose land is expropriated)

- Permanent address …………………………………………………………….

- Estimated land area for expropriation……………………………………………

- Piece of land No. …, map No. … located at ........................ commune.

…………………………………………………………………………………..

- Type(s) of land ³…………………………………………………….

…………………………………………………………………………………..

2. Reason: ……………………………………..

…………………………………………………………………………………..

3. Time for carrying out investigations, surveys and tallies:

From (date)……………………. to (date)………………………….. ⁴

4. Expected plan for movement and agreement of relocation:

..............................................................................................................................

Mr. /Mrs. …………….. shall cooperate with ⁵………………………….. in carrying out investigations and surveys to determine land area, preparing statistics on number of houses and other property pertaining to land to make plans for compensation, assistance and relocation. If the household, organization or individual fails to carry out investigations and surveys to determine land area, preparing statistics on number of houses and other property pertaining to land, the State shall carry out compulsory tally in accordance with regulations of law.

1 Specify points and clauses of Article 61 or Article 62 of the Land Law.

2 Specify name and address of the project stated in the annual plan for land use.

3 One type or multiple types of land

4 Specify time for each stage if land is expropriated in each stage of the project execution.

5 Specify the organization in charge.

Specimen No. 8. Decision on compulsory tally

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION ON COMPULSORY TALLY

CHAIRPERSON OF PEOPLE’S COMMITTEE OF ...

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the Notice No. ............... dated ..................... by……………….. on land expropriation …………………………;

At the request of the Department of Natural Resources and Environment of district mentioned in the written request No. ... dated ………,

DECIDES:

Article 1. To apply compulsory tally to ……………. using the piece of land No. ..., map No. ... located at commune/ward/townlet ………………………………………………. by …………………….. at the address……………………………..

The compulsory tally shall be carried out from (date)………………………. to (date)……………………….

Article 2.

1. This Decision comes into force from (date)……………………..

2. The People’s Committee of commune/ward/townlet................... shall send this Decision to.................. and publish it at the head office of the People’s Committee of commune/ward/townlet………… and the club of the residential area………………………

3. To assign ¹……………… to carry out compulsory tally.

4. The Department of Natural Resources and Environment of district, Chairperson of the People’s Committee of commune/ward/townlet…….; organization responsible for making compensation; other relevant units; and ²………. shall implement this Decision.

------------------------------

¹ Specify name of the authority or organization in charge.

² Specify full name of the land user.

Specimen No. 9. Decision on enforcement of compulsory tally

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION

Decision on enforcement of compulsory tally

CHAIRPERSON OF PEOPLE’S COMMITTEE OF ¹…….

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the Decision No. ............... dated ..................... by the People's Committee of ................... on enforcement of compulsory tally;

At the request of the Department of Natural Resources and Environment of district mentioned in the written request No. ... dated ………,

DECIDES:

Article 1. To apply enforcement of compulsory tally to ……………. using the piece of land No. ..., map No. ... located at …………… commune by …………………….. at the address……………………………..

The enforcement of compulsory tally shall be carried out from (date)………………………. to (date)……………………….

Article 2.

1. This Decision comes into force from (date)……………………..

2. The People’s Committee of commune/ward/townlet................... shall send this Decision to.................. and publish it at the head office of the People’s Committee of commune/ward/townlet………… or the club of the residential area of………………………

3. To assign ²……………… to carry out enforcement of compulsory tally.

4. Funding: ................................................

…………………………………………………………………….

5. The Department of Natural Resources and Environment of district, Chairperson of the People’s Committee of commune/ward/townlet…….; organization responsible for making compensation; other relevant units; and ³………. shall implement this Decision.

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¹ Specify the People’s Committee of district.

² Specify name of the authority and organization in charge.

³ Specify full name of the land user.

Specimen No. 10. Decision on land expropriation

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION ON LAND EXPROPRIATION ¹…………………..

PEOPLE’S COMMITTEE OF ...

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to ……….²

At the request of the Department of Natural Resources and Environment of province (district) mentioned in the written request No. ... dated ………,

DECIDES:

Article 1. To expropriate … m² of land of ……. (specify name of the entity whose land is expropriated), piece of land No. ... (part of or the entire piece of land), map No. ... located at........................

Reason: ………³

Article 2. To assign tasks to the authority or organization as follows:

1. Chairperson of the People’s Committee of commune/war/townlet.................. shall send this Decision to Mr. (Mrs.)………..; make a record if Mr. (Mrs.)…………. is absent or refuses this Decision; publish this Decision at the head office of the People’s Committee of commune/war/townlet..........., or at the club of the residential area of....................

2. Department of Natural Resources and Environment of province (district) shall request the People’s Committee of ………………..to establish the price evaluation council or auction organization to determine the remaining value of expropriated land (in case of land expropriation mentioned in Points c, g, h Clause 1 Article 64 of the Land Law); and ask the People’s Committee for approving the result on such determination.

3. The office of the People’s Committee of ………………… shall publish this Decision on the website of ………………..

4. To assign ……………………. or assign to strictly manage the expropriated land fund.

Article 3.

1. This Decision comes into force from (date)……………………..

2. The authority and individual mentioned in Article 2 shall implement this Decision.

--------------------------------

¹ Specify purposes of land expropriation……(mentioned in Article 61/62/64/65 of the Land Law).

² Specify the basis of land expropriation: Annual plan for land use made by …… approved through the Decision No. ……….. issued by the People’s Committee of ………..; Record or document made by ……………….. dated……………………..

³ Specify purposes of land expropriation as mentioned in (1).

Specimen No. 11. Decision on enforcement of land expropriation

(Attached to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment)

DECISION ON ENFORCEMENT OF LAND EXPROPRIATION

CHAIRPERSON OF PEOPLE’S COMMITTEE OF ...

Pursuant to the Law on Organization of the People’s Council and the People’s Committee dated …………………..;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 specifying implementation of certain articles of the Land Law;

Pursuant to the Circular No. 30/2014/TT-BTNMT dated June 02, 2014 by the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation;

Pursuant to the Decision No. ............... dated ..................... by the People's Committee of ................... on land expropriation;

At the request of the Department of Natural Resources and Environment of province (district) mentioned in the written request No. ... dated ………,

DECIDES:

Article 1. To apply enforcement of land expropriation to ……………. using the piece of land No. ..., map No. ... located at …………… commune by …………………….. at the address……………………………..

The enforcement of land expropriation shall be carried out from (date)………………………. to (date)……………………….

Article 2.

1. This Decision comes into force from (date)……………………..

2. The People’s Committee of commune/ward/townlet................... shall send this Decision to.................. and publish it at the head office of the People’s Committee of commune/ward/townlet………… or the club of the residential area of………………………

3. To assign ¹................. to carry out enforcement of land expropriation.

4. Funding: ................................................

…………………………………………………………………….

5. The Department of Natural Resources and Environment of province/district, Chairperson of the People’s Committee of commune/ward/townlet…….; organization responsible for making compensation; other relevant units; and ²……………. shall implement this Decision.

--------------------------------

¹ Specify name of the authority and organization in charge.

² Specify full name of the land user.