Thông tư 09/2013/TT-BTNMT

CIRCULAR

ON MANAGEMENT AND USE OF RIPARIAN ALLUVIAL LAND, COASTAL ALLUVIAL LAND AND COASTAL LAND WITH WATER SURFACE

Pursuant to the November 26, 2003 Land Law;

Pursuant to the Government’s Decree No. 181/2004/ND-CP dated October 29, 2004, on implementation of Land Law;

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

At the proposal of General Director of the Vietnam General Department for Land Administration, Director of the Legal Affair Department;

The Minister of Natural Resources and Environment promulgates Circular providing for management and use of riparian alluvial land, coastal alluvial land and coastal land with water surface.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for management and use of riparian alluvial land, coastal alluvial land and coastal land with water surface permitted using in purpose of agricultural, forest production, aquaculture and salt-making.

Article 2. Subjects of application

This Circular applies to state management agencies; domestic organizations, households and individuals; Overseas Vietnamese; foreign organizations and individuals with activities related to management and use of riparian alluvial land, coastal alluvial land and coastal land with water surface permitted using in purpose of agricultural, forest production, aquaculture and salt-making.

Chapter 2.

SPECIFIC PROVISIONS

Article 3. Lease of unused riparian alluvial land, coastal alluvial land, and coastal land with water surface

1. Lease of unused coastal alluvial land and coastal land with water surface to use for purpose of agricultural, forest production, aquaculture and salt-making shall comply with regulations as follows:

a) People’s Committees of provinces and central-affiliated cities shall decide in land lease for economic organizations, Overseas Vietnamese, foreign organizations and individuals in order to perform investment projects; duration of lease land depends on duration of investment project but not exceeds fifty (50) years; upon the expiry of such duration, the land users shall be considered by State for extension of land use if they have the demands for the continued use thereof, strictly observe the land legislation in the course of land use and the use of such land is in line with the approved land use plannings; 

b) People’s Committees of districts, towns, cities under provinces (hereinafter referred to as district level) shall decide on land lease for households and individuals; duration of land lease for annual crops, aquaculture or salt-making does not exceed twenty (20) years; duration of land lease for perennial trees, production forest does not exceed fifty (50) years.    

2. Lease of unused riparian alluvial land to use for purpose of agricultural, forest production, aquaculture and salt-making shall comply with regulations as follows:

a) In case where the approved land use plannings, plans defined that the unused riparian alluvial land belongs to agricultural land fund used for public-utility purpose of communes, wards and townships, People’s Committees of communes, wards and townships (hereinafter referred to as communal level) shall lease the unused riparian alluvial land to use for purpose of agricultural production and aquaculture in form of auction to receive land (hereinafter referred to as bidding) with duration not more than five (05) years; prioritize subjects of bidding participants being households, individuals directly agricultural production, aquaculture and register permanent residence book in administrative unit  at communal level where have land but they have not yet been assigned land or they have lacked land for agricultural production;

b) In case where the unused riparian alluvial land does not belong to agricultural land fund to use for public-utility purpose of communes, wards and townships, it is leased to use for purpose of agricultural, forest production, aquaculture and salt-making as prescribed in point a and point b Clause 1 of this Article.

3. Lease price of riparian alluvial land, coastal alluvial land and coastal land with water surface to use for any purpose is applied under land price for land type with purpose same as such purpose.

Article 4. Riparian alluvial land, coastal alluvial land, coastal land with water surface which put into use before the effective day of this Circular

1. Households and individuals who have been assigned riparian alluvial land, coastal alluvial land, coastal land with water surface by State for agricultural, forest production, aquaculture or salt-making under plan on land assignment of localities as performing the Government’s Decree No. 64/CP dated September 27, 1993, on the enactment of regulations on the allocation of land to households and individuals for stable and long term use for the purpose of agricultural production; the Government’s Decree No. 02/CP dated January 15, 1994, on the enactment of regulations on the allocation of land to organizations, households and individuals for stable and long term use for the forest purpose; Government’s Decree No. 85/1999/ND-CP dated August 28, 1999, amending and supplementing a number of articles of the regulation on the allocation of agricultural land to family households and individuals for stable and long-term use in agricultural production and adding the allocation of salt-making land to family households and individuals for stable and long-term use; Government’s Decree No. 163/1999/ND-CP dated November 16, 1999, on assigning and leasing forestry land to organizations, households and individuals for stable and long-term use for forestry purposes; Government’s Decree No. 181/2004/ND-CP dated October 29, 2004, on implementing Land Law, shall be solved as follows:

a) Entitled to continue using land according the remaining duration of land assignment;

b) Upon the expiry of land assignment, if the land users have the demands for the continued use thereof, strictly observe the land legislation in the course of land use and the use of such land is in line with the approved land use plannings, the district-level People’s Committees shall assign land without collection of land levy in land assignment quotas with duration of land assignment which will be twenty (20) years for annual crops, aquaculture, slat-making land; fifty (50) years for perennial trees, production forest.

For land areas assigned in excess of quotas, the users must shift to lease the land for duration calculated equal to duration of land assignment for land areas in quotas;

c) Upon the expiry of land assignment, if the land users have no demand for the continued use or fail to apply for extension of land use or fail to be allowed extension by competent state agencies, State shall recover land without compensation of land and assets attached to land.

2. Households and individuals using riparian alluvial land, coastal alluvial land, coastal land with water surface because they are transferred, presented or donated, inherit land use right from land with origin from land assignment by State, under case specified in Clause 1 of this Article, they shall comply with regulations as follows:

a) Entitled to continue using land under the remaining land use term for land area in quotas of being transferred agricultural land use right;

b) Shifting to lease land as prescribed in point b Clause 1 Article 3 of this Circular for land area in excess of quotas of being transferred agricultural land use right;

3. Economic organizations, households and individuals who have been assigned or leased riparian alluvial land, coastal alluvial land, coastal land with water surface by competent agencies, but not fall in case specified in Clause 1 of this Article, they shall comply with regulations as follows:

a) Entitled to continue using land according the remaining duration of land assignment or land lease for riparian alluvial land.

Upon the expiry of land assignment, land lease, if the land users have the demands for the continued use thereof, strictly observe the land legislation in the course of land use and the use of such land is in line with the approved land use plannings, they will be considered to lease land with duration not exceeding five (05) years; then upon the expiry of such land lease, they will be leased land as prescribed in Clause 2 Article 3 of this Circular;

b) Shifting to lease land from the effective day of this Circular for coastal alluvial land, coastal land with water surface specified in Clause 1 Article 3 of this Circular, if the land users have the demands for the continued use thereof, strictly observe the land legislation in the course of land use and the use of such land is in line with the approved land use plannings;

c) Upon the expiry of land assignment, land lease specified in point a and point b of this clause, if the land users have no demand for the continued use or fail to be leased land by competent state agencies, State shall recover land without compensation of land and assets attached to land;

d) Shifting to lease land as prescribed in Clause 1 Article 3 of this Circular for cases of land assignment, land lease ultra vires. Time of shifting to lease land is calculated from the effective day of this Circular.

4. Overseas Vietnamese, foreign organizations and individuals who have been leased riparian alluvial land, coastal alluvial land, coastal land with water surface by competent agencies shall comply with regulations as follows:

a) Entitled to continue using land according the remaining duration of land lease for riparian alluvial land.

Upon the expiry of land lease, if the land users have the demands for the continued use thereof, strictly observe the land legislation in the course of land use and the use of such land is in line with the approved land use plannings, they will be considered to lease land with duration not exceeding five (05) years; then upon the expiry of such land lease, they will be leased land as prescribed in Clause 2 Article 3 of this Circular;

b) Shifting to lease land as prescribed in Clause 1 Article 3 of this Circular for coastal alluvial land, coastal land with water surface, if the land users have the demands for the continued use thereof, strictly observe the land legislation in the course of land use and the use of such land is in line with the approved land use plannings;

c) Upon the expiry of land lease specified in point a and point b of this clause, if the land users have no demand for the continued use or fail to be leased land by competent state agencies, State shall recover land without compensation of land and assets attached to land;

d) Shifting to lease land as prescribed in Clause 1 Article 3 of this Circular for cases of land lease ultra vires. Time of shifting to lease land is calculated from the effective day of this Circular.

5. Households and individuals using riparian alluvial land, coastal alluvial land, and coastal land with water surface under agricultural land fund to use for public-utility purpose of communes, wards and townships shall comply with regulations as follows:

a) Entitled to continue using land according the remaining duration of land assignment, land lease;

b) Upon the expiry of land assignment, land lease, if the land users have the demands for the continued use thereof, the communal People’s Committees shall consider to continue leasing land or let other households or individuals leasing land in form of bidding with duration not exceeding five (05) years.

6. Economic organizations, households and individuals using riparian alluvial land, coastal alluvial land, or coastal land with water surface due to self-reclamation, if the land users have the demands for the continued use thereof, and the use of such land is in line with the approved land use plannings, they must shift to lease land with duration not exceeding five (05) years from the effective day of this Circular; then upon expiry of land lease, they shall comply with provision in Article 3 of this Circular.   

7. Coastal alluvial land, coastal land with water surface which have been planted forest will be assigned to organizations of managing protective forestry, organizations of managing specialized-use forest or assigned to households or individuals for use as prescribed in Clauses 1, 3 and 5 of this Article. 

8. Case of leasing riparian alluvial land, coastal alluvial land or coastal land with water surface of which duration of land lease does not conform to provisions in point b Clause 1, point a Clause 3, point a Clause 4, point b Clause 5 of this Article and case subject to shifting to lease land specified in point b Clause 1, point b Clause 2 of this Article, the land users must re-sign contract of land lease according to duration defined in this Circular.

Article 5. Regime of land use

1. For riparian alluvial land, coastal alluvial land and coastal land with water surface which have been assigned, leased to use for any purpose is applied under regulations on land use for land type with purpose same as such purpose, except for case specified in Clause 2 of this Article.

2. Riparian alluvial land, coastal alluvial land or coastal land with water surface under case specified in point a Clause 2 Article 3 and Clause 5 Article 4 of this Circular, will be used in accordance with regulations on use applicable to agricultural land used for public-utility purpose of communes, wards and townships.

Article 6. Orders of and procedures for land assignment, land lease

1. Order of and procedures for the continued land assignment to households and individuals after expiry of duration of assigning riparian alluvial land specified in Clause 1 and point a Clause 2 Article 4 of this Circular shall comply with regulations as follows:

a) Before ending duration of land assignment for six (06) months, if having demand for the continued land use, the land users shall make application according to form No.01 promulgated together with this Circular and send it to the communal People’s Committees; the communal People’s Committees shall consider, certify conditions for the continued land assignment as prescribed in point b Clause 1 Article 4 of this Circular and send it to the district-level People’s Committees.

b) The district-level land use registries shall extract the cadastral maps or cadastral measurement of the land plots for places not yet had cadastral maps, copy of the cadastral records, print certificate of land use right, ownership of house and other assets attached to land (hereinafter referred to as certificate) and send them to Division of Natural Resources and Environment;

c) Division of Natural Resources and Environment shall verify cases eligible for the continued land assignment for the land area in quotas of agricultural land assignment, for land lease for the land area in excess of quotas of agricultural land assignment; conduct the verification on the field as necessary, submit to the district-level People’s Committees for decision on land assignment, land lease, grant of certificate; signing on contracts of land lease for case of land lease.  

2. Orders of and procedures for economic organizations, overseas Vietnamese, foreign organizations and individuals to lease riparian alluvial land, coastal alluvial land, coastal land with water surface and use land under investment projects specified in Clause 1 Article 3 and Clauses 3, 4, 6 Article 4 of this Circular shall comply with regulations as follows:

a) Organize a bid as prescribed by law;

b) Based on written recognition of the bidding result of competent agencies and papers certifying of full land rent payment of the bidding winner, the provincial Departments of Natural Resources and Environment shall sign contract of land lease.  

3. Orders of and procedures for households and individuals to lease riparian alluvial land, coastal alluvial land, coastal land with water surface specified in Clause 1 Article 3 and Clauses 3, 4, 6 Article 4 of this Circular shall comply with regulations as follows:

a) Households or individuals shall file request for land lease at the communal People’s Committees where have land, in such application it must clarify requirements about land area for use.

For case of requesting for land lease for aquaculture, it must have a aquaculture plan or project already appraised by aquatic management agencies at district level and must have commitment of environmental protection or report on environmental impact assessment as prescribed by law on environment;   

b) The communal People’s Committees shall verify, inscribe the certifying opinions on application of requesting for land lease about demand of land use of households and individuals for eligible cases and send to Division of Natural Resources and Environment;  

c) The district-level land use registries shall extract the cadastral maps or cadastral measurement of the land plots for places not yet had cadastral maps, copy of the cadastral records, and send them to Division of Natural Resources and Environment;

d) Division of Natural Resources and Environment shall verify on the field as necessary, submit to the district-level People's Committees for decision on land lease and signing contract of land lease. 

4. Lease of riparian alluvial land, coastal alluvial land, and coastal land with water surface which use land under agricultural land fund to use for public-utility purpose of communes, wards and townships is organized to lease land by the communal People's Committees in form of bidding and signing contract of land lease according to form No.02 promulgated together with this Circular.

5. Orders of and procedures for assigning coastal alluvial land, coastal land with water surface already planted forest specified in Clause 7 Article 4 of this Circular shall comply with regulations as follows:

a) Organizations shall file application for land assignment at the provincial Departments of Natural Resources and Environment; households and individuals shall file application for land assignment at Divisions of Natural Resources and Environment;

b) The affiliated land use registries shall extract the cadastral maps or cadastral measurement of the land plots for places not yet had cadastral maps, copy of the cadastral records, print certificate and send them to agencies of Natural Resources and Environment;

c) Agencies of Natural Resources and Environment shall verify on the field as necessary, and submit to the People's Committees at competent level for decision on land assignment and grant of certificate.

6. The provincial People’s Committees shall specify duration for finishing procedures for land assignment, land lease prescribed in this Article, in association with requirement on administrative reform of localities but not exceeding total time to perform procedures for land assignment, land lease as prescribed in Article 1 of the Decree No. 38/2011/ND-CP dated May 26, 2011, on amending and supplementing a number of Articles on administrative procedures of Decree No. 181/2004/ND-CP dated October 29, 2004, Decree No. 149/2004/ND-CP dated July 27, 2004 and Decree No. 160/2005/ND-CP dated December 27, 2005.

Article 7. Making management records

1. For riparian alluvial land, coastal alluvial land, and coastal land with water surface which have been made statistics, inventory, measured, and made management records (including case already granted certificate) before the effective day of this Circular, the district-level People’s Committees shall make statistic about the origin to make management records according to each use object as form No. 03. promulgated together with this Circular.   

2. For riparian alluvial land, coastal alluvial land, and coastal land with water surface which have not yet made statistics, inventory, measured, and made management records, the district-level People’s Committees shall measure, make cadastral records for management over riparian alluvial land; the provincial Departments of Natural Resources and Environment shall measure, make cadastral records for management over coastal alluvial land, and coastal land with water surface.

3. The communal People’s Committees, organizations and individuals which are managing and using riparian alluvial land, coastal alluvial land shall coordinate with measurement agencies in finishing measurement of riparian alluvial land and coastal alluvial land.

The communal People’s Committees shall coordinate with agencies and units related to protection of dykes, waterway traffic, national defense and security in planting administrative boundary markers to do as basis for measurement, and making cadastral records. 

Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 8. Effect

This Circular takes effect on July 15, 2013.

Article 9. Responsibilities of People’s Committees at all levels and agencies of Natural Resources and Environment

1. General Director of the Vietnam General Department for Land Administration shall guide, examine, urge implementation of this Circular. 

2. Responsibilities of the provincial People’s Committees:

a) To perform propagation, popularization of this Circular to levels, sectors, local residents and direct implementation of this Circular in localities;

b) Periodically in December every year, report situation of management and use of riparian alluvial land, coastal alluvial land, coastal land with water surface to the Ministry of Natural Resources and Environment.

3. Responsibilities of the district-level People’s Committees:

a) Direct, urge the communal People’s Committees in regularly examining situation of management and use of riparian alluvial land, coastal alluvial land, and coastal land with water surface;

b) Organize periodical examination over management and use of riparian alluvial land, coastal alluvial land, coastal land with water surface;

c) Periodically in December every year, report situation of management and use of riparian alluvial land, coastal alluvial land, and coastal land with water surface to the provincial People’s Committees.

4. Responsibilities of the communal People’s Committees:

a) Regular examine use of riparian alluvial land, coastal alluvial land, coastal land with water surface so as to detect timely cases of encroaching upon, occupying, using land not for the right purposes, or report, propose to the district-level People’s Committees for considering and handling in cases which fall beyond their competence;  

b) Report to Divisions of Natural Resources and Environment about cases where the communal People’s Committees lease land as soon as signing contract of land lease;

c) Periodically in December every year, report to the district-level People’s Committees about situation of management and use of riparian alluvial land, coastal alluvial land, coastal land with water surface.

5. Directors of the provincial Natural Resources and Environment Departments, Heads of Natural Resources and Environment Divisions, cadastral officers of communes, wards and townships shall assist chairpersons of People’s Committees at same level for implementation of this Circular.  

6. In the course of implementation, any arising problems should be reported timely to the Ministry of Natural Resources and Environment for consideration and decision.

Form No.01

(Promulgated together with the Circular No. 09/2013/TT-BTNMT dated May 28, 2013 of the Ministry of Natural Resources and Environment)

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

APPLICATION OF REQUESTING FOR THE CONTINUED AGRICULTURAL LAND ASSIGNMENT TO HOUSEHOLDS AND INDIVIDUALS DIRECTLY ENGAGED IN AGRICULTURAL PRODUCTION  

1. Full name of the requester for the continued land assignment……………………

………………………………………………………………………………………………

2. Address of place registering permanent residence book: …………………………

………………………………………………………………………………………………

Number of permanent residence book  ………………………issued on day…………month…………year……….

3. Contact address: ………………………………………………., telephone: …………

4. Location of land plot requested for the continued land assignment…………………… ………………………………………

………………………………………………………………………………………………

5. Land area requested for the continued land assignment (m²):…………………… …………………………………………

6. Origin of land requested for the continued land assignment…………………… Due to……………………………………………….

Land use term is …………… year and time limit is ended on day ………… month ……..year…..

7. Use purpose………………………………………………………………………………

8. Commit to use land properly with purpose, observe with provisions of land laws.

CERTIFYING OF THE COMMUNAL PEOPLE’S COMMITTEE………………………………..

1. Regarding the requester for the continued agricultural land assignment being households and individuals directly engaged in agricultural production 

………………………………………………………………………………………………

2. Ability of land fund for assignment: ………………………………………………………..

………………………………………………………………………………………………

Form No.02

(Promulgated together with the Circular No. 09/2013/TT-BTNMT dated May 28, 2013 of the Ministry of Natural Resources and Environment)

CONTRACT OF LAND LEASE

Pursuant to the November 26, 2003 Land Law;

Pursuant to the Government’s Decree No. 181/2004/ND-CP dated October 29, 2004, on implementation of Land Law;

Pursuant to the Circular No. 09/2013/TT-BTNMT dated May 28, 2013, of the Ministry of Natural Resources and Environment providing for management and use of riparian alluvial land, coastal alluvial land and coastal land with water surface;

Based on the bid winning result (clarifying number, day, month, year and content brief of the written recognition of the bid winning result)……………………………………………………………. 

Today, day………month……….year……..at…………., we are: 

I. The land leasing party:  …………………………………………………………………………

Representative: Mr.(Mrs.): ……………………………………………………………………………

Position: ………………………………………………………………………………………

II. The land lessee:  …………………………………………………………………………..

(For households, inscribing name of household head, address of place registering permanent residence book; for individuals, inscribing name of individual, address of place registering permanent residence book, ID number, account (if any); for organizations, inscribing name of organization, address of head office, full name and position of representative, account number).    

III. Two parties agree to sign a contract of land lease with the following terms:

Article 1. The land leasing party let the land lessee leasing land plot as follows:

1. Land area……………….. m² (inscribing in numbers and words, unit is square meters)

At……. (Inscribing name of commune, ward or township, district, town or city under province, province or central-affiliated city where has land for lease) to use for purpose…………… (Inscribing according to the written recognition of bid winning result).

2. Position and boundaries of land plot are defined according to extract sheet of cadastral maps (or cadastral measurement) number….., rate……….. made by the land use registries day ........ month ......... year ... (if any)

3. Duration of land lease:  (inscribing number of years or number of months of land lease in numbers and words in line with duration of land lease), from day ........ month ......... year ... to day ........ month ......... year...

4. Purpose of lease land use: ………………………….(inscribing according to the written recognition of bid winning result).

5. The land lease does not cause right loss of State as representative of the owner of land and all natural resources underground.

Article 2. The land lessee shall pay land rent (inscribing according to the written recognition of bid winning result) according to the following provisions:

1. Land rent price is ……….. VND/m²/year (inscribing in numbers and words).

2. Land rent is calculated from day………month……….year…….

3. Method to pay land rent: ……………………………………………………

4. Place to pay land rent: ……………………………………………………………….

Article 3. Use of land in lease land area must conform to purpose of land use stated in Article 1 of this contract.

Article 4. Responsibilities of each party

1. The land leasing party ensures the land use of the land lessee during time of implementing contract, is not entitled to transfer use right of land plot to the third party, observe Decision on land recovery as prescribed in Article 38 of Land Law;

2. During time of implementing contract, the land lessee is not entitled transfer use right of lease land; in case where the land lessee is changed due to separation, division, merger, transforming of enterprise, sells assets attached to lease land………………….., organizations and individuals formed legally after the land lessee is changed will further implement rights and obligations of the land lessee for the remaining time of this contract.

3. During effective time of contract, if the land lessee returns all or part of lease land area before duration, it must notify the land leasing party at least 6 months before conducting. The land leasing party will reply the land lessee within 03 months, from the day of receiving proposal of the land lessee. Time of ending contract is calculated to day of handing over premises.

4. Contract of land lease will terminate in the following cases:

- Expiry of land lease but not entitled to extend duration of land lease;

- At the request of a party or parties in contract and permission of state agency competent to lease such land;

- The land lessee is bankrupted or sold its assets or dissolved;

- The land lessee is recovered land by competent state agencies as prescribed in Article 38 of Land Law.

Article 5. Settlement of assets attached to land after ending this Contract shall comply with regulations of law.

Article 6. Two parties commit to comply with provisions of this Contract, any party fail to comply with, such party must compensate for violation of contract as prescribed by law.

Other commitments (if any):  ………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Article 7. This contract is made into 04 copies with the same legal value; each party keeps 01 copy and send to taxation agencies to define the collection level of land rent, and state treasury where collect land rent.

This Contract takes effect on the day of its signing.

Form No.03

(Promulgated together with the Circular No. 09/2013/TT-BTNMT dated May 28, 2013 of the Ministry of Natural Resources and Environment)

RESULT OF STATISTICS ABOUT THE ORIGIN OF LAND USE ACCORDING TO LAND USE OBJECTS