Circular No. 346/1998/TT-TCDC guiding the procedures for land registration, compiling cadastral dossiers and granting land tenure certificates

78 OFFICIAL GAZETTE No.15 (31-5-1998) 2. Using land for various purposes; under the Central Government: 3. Permitted to alter the land use purpose; 6. The Offices of the People's Committees of the provinces and cities directly under the Central 4. Permitted to exchange, transfer, lease, mortgage Government or inherit the land tenure right; 7. The Offices of the People"s Committees of shall have to register land with the People ·s communes. wards and townships. Committees of communes, wards or townships, where they have land, according to the guidance of this Circular. Particularly for residential urban land, the 1.3. Categ()ries of land sub_jcct to declaration land registration shall comply with a separate and registration: • regulation. I. Organizations, households and individuals shall The People's Committees of communes, wards or declare the whole areas of land they arc using. townships shall have to organize the land registration, including the land areas which they have. at their consider dossiers then submit them to the People's own will, leased to other users. let their officials and Committee of the competent level for granting land employees build dwelling houses thereon. or arc stm tenure certificates to organizations, households and left unused; but shall not have to declare the land individuals that are using land within the areas rented or borrowed from other users. administrative boundaries of their respective 2. The Offices of the People's Committees of the localities. provinces and cities directly under the Central The Land Administration agencies of various Government shall declare for registration in the levels shall have to assist the People's Committees of cadastral books of the communes, wards and the same leYel in directly performing the tasks of townships, where the land is located, the land areas registering land, compiling cadastral dossiers and owned by diplomatic missions, consular offices, other granting land tenure certificates in line with the foreign representative offices with the diplomatic policies and plans of the People's Committees of each function. representative offices of international and level and in conformity with the professional and inter-governmental organizations in Vietnam, and technical regulations of the National Administration offices or rcpresentath•c offices of non-governmental of Land in this Circular. organizations. 3. The Offices ofthc commune. ward or township 1.2. People who arc responsible for declaring People's Committees shall declare for registration in and registering land include: the cadastml books the following land areas: I. Household heads or people who are authorized • Land on which working offices of commune by household heads to act on the households· behalf: administrative and non-business agencies arc built; other types of special-use land used for public 2. Individuals or lawfully authorized persons: purposes, which arc situated within the boundaries 3. The heads or persons who arc authorized by of each commune. ward or township or stretch over the heads of organizations which arc State agencies. several communes and arc under the direct political organizations. socio-political organizations, management of the commune. ward or township domestic economic organizations, foreign economic Peoplc·s Committees or without specific owners. organizations, joint Yentures in Vietnam between - Agricultural land. forestry land, land with water Vietnamese and foreign partners: surface used for aquaculture. land used for salt 4. The heads or persons who arc authorized by production. and other special-use land not yet allotted the heads of organizations of the Ministry ofDcfcnsc: to organizations. households or individuals for a stable gencrnl departments. military zones. rnrious sen-ices and long term use, which arc currently under the direct and corps. the border guard command. academics. management of the commune-level People"s schools. agencies and units attached to the Ministry Committees for lease. borrowing or temporary of Defense, the military commands of the provinces allotment such as agricultural land earmarked for and cities directly under the Central Go,·ernmcnt: communes public utility. hardly divisible ,igro- forestry land. etc. 5. The l1cads or persons who arc au\\1orized by the heads of organizations under the Ministry of the Unused land including bare hills. rock Interior, the General Department of Logistics and mountains. ri\'crbank and coastal alluvial deposits. units attached to the Ministry of the Interior and the rivers and streams. and waste water surface areas. police departments of the provinces and cities directly etc.. situated within the administrative boundaries of No.15 (31-5-1998) OFFICIAL GAZETTE 79 each commune. COMPILATION OF CADASTRAL DOSSIERS. 1.4. The following land areas of organizations, households or individuals shall be considered for registration in the cadastral books and granted land 11.1. Communes, wards and townships shall tenure certificates: organize land registration, compilation of cadastral dossiers and consider the granting of land tenure I. Land areas that are newly allotted or leased for certificates on the basis of the cadastral maps with various purposes by decisions of the People's coordinates or making use of other detailed maps and Committees of the competent levels; plans of land plots that have been examined, assessed 2. Areas of agricultural land, forestry land, land and adjusted, so as to ensure the clear determination with water surface used for aquaculture and land used of the location, form, area, categol)' of each land plot for salt production already allotted for a stable and as well as its user, suited to the actual status of land long-term use under Decree No. 64-CP of September use at the time of registration and the specific 27, 1993 and Decree No. 2-CP of January 15, 1994 of conditions of each locality: the Government; J. Areas ofurban land, rural residential land and 3. Areas of special-use land. residential land, special-use land of various types: agricultural land of various types, forestry land, land with water surface used for aquaculture and land used To organize land declaration and registration, for salt production that are used directly by compilation of cadastral dossiers, granting of land organizations, households or individuals whose tenure certificates on the basis of available cadastra~ legitimate use right has been considered and certified maps with coordinates or measuring each land area by the commune-level People's Committees in the or plot, in special cases the cadastral maps of the process of filling the land registration procedures; former administration, detailed maps of land plots 4. Land areas already determined following a drawn under Directive No. 299-TTg of October 11, review of the land use demands of domestic 1980 of the Prime Minister, detailed planning maps organizations which are State agencies, political or maps on the actual land status that serve the organizations, socio-political organizations, people ·s allocation of land for house construction already armed forces units and already approved by the designed for every land plot of each land user may be competent State agencies in strict accordance with used; these above-mentioned maps and materials must the requirements in Directive No. 245-ITg of April be supplemented. adjusted and examined according 22, 1996 of the Prime Minister and Official Dispatch to the requirements already guided in Official No. 862-CV/DC of July 16. 1996 of the National Dispatch No. 647-CV-DC of May 31, 1995 as well as Administration of Land; other guidance of the National Administration of Land. 5. Land areas already determined to be su~ject to payment ofland rents by domestic organizations that 2. Agricultural land.forestry land, land with water have to change to the fom1 of land lease. surface used ji,r aquaculture and land used for salt production: 1.5. Land of \'arious categories that is directly declared by the Offices of the commune-level a/ The land registration, the compilation of People's Committees shall be only registered in the cadastral dossiers and the granting of land tenure cadastral books but not granted land tenure certificates must be carried out as soon as the certificates. measurement and drawing of cadastral maps with coordinates arc finished 1.6. After the land has been registered, the granting of hmd tenure certificates to the following b/ In localities where cadastral maps with objects shall be subject to a separate guidance: coordinates are not available: the land declaration and registration, the compilation of dossiers and the I. Religious organizations; granting of land tenure certificates are permitted to 2. Foreign organizations and individuals. be done on the basis of making full use of existing documents and maps depending on the concrete conditions of each locality. Specifically~ II. CONDITIONS FOR ORGANIZING - Revising and updating the necessary elements LAND REGISTRATION AND on maps and documents already surveyed and

80 OFFICIAL GAZETTE No.15 (31-5-1998) measured according to Directive No. 299-TTg of National Administration ofL,md) shall be uniformly October I L 1980 of the Prime Minister: used nationwide for all plots of agricultural land. forestry land. land with water surface used for - Making use of the results oflatcst detailed maps aquaculture. land used for salt production. residential of land plots in each communes (if any): mral land and special-use land of all categories. land - Supplementing aerial surveys already adjusted. plots with non-residential constructions thereon. ortho-maps or photo-maps residential land plots without any houses or makcshifts thereon in inner areas of cities. towns or townships. - Documents. data and plans on the allotment of agricultural land to each household or indi\'idual under Decree No. 64-CP of September 27. 1993 and 111.2. Land tenure certificates shall he )!ranted the allotment of forestry land under Decree No. 2-CP to ever)· hmd ))lot in the following cases: of January 15. 1994 of the Go,·crnment. I. Land used for ,·arious purposes in inner areas of cities. towns and townships: 11.2. First-time land declaration and registration, com11ilation of cadnstrnl dossiers and 2. Agricultural land. forestry land. land with mllcr consideration of the granting of land tenure surface used for aquaculture that satis(v the following certificates shall be simultaneously organized all m·cr conditions: the territories of communes. wards and townships or - Large land plots with stnblc and clear boundaries in part of a locality (such as ,·illagcs. hamlets ... ) for for USC. unregistered land areas that arc being used by all organizations. households or indiYiduals. For - The number of land plots owned by one localities that lack conditions for mass declaration household is small (not more than fi\'c plots per and registration. organi:1.ations. households and household). individuals therein. if they wish. may be allowed to - The concerned households wish to be granted make declaration and registration and granted with land tenure certificates and agree to fulfill all land tenure certificates in separate cases. prescribed financial obligations. Organi,.._ations. households and indh·iduals that :ire 1. Residential land in mral areas if the locality allotted or: cased new land by competent State has such policy or land users so wish: agencies or permitted to take acts that cause land- -1-. Special-use land under the use right of related changes shall be entitled to register their land organizations or indi\'iduals. immediately after they complete administratiYc procedures for land allotment. lease or alteration of LTCs shall be granted to c,·cl)' land plot prO\·ided the land use purpose. or transfer of land tenure right. that it has a cadastral map with coordinates or a etc .. and be granted land tenure certificates sketch-map drawn under the guidance of the National immediately after they complete land registration Administration of Land. procedures. 111.3. Land tenure certificates shall be granted 11.3. Cadastral dossiers shall be compiled right to e,·ery household, one certificate ma)· he granted in the process ofland declaration and registrntion and for se,·eral land plots: consideration of the granting of land tenure This certificate-granting mode shall apply mainly certificates. Cadastral dossiers shall be compiled to mral areas. regardless of whether the cadastrnl maps according to a form applicable nationwide under the with coordinates arc arnilablc or not and whether the pro\'isions of Decision No. -1-99-QD/DKTK of July land is agricultural land. forestry land. rural 27. 1995 of the National Administration of Land and residential land or special-use land. in the following the guidance in this Circular. cases: - The land area of each household is too small III. THE CERTIFICATE FORM AND and scattered MODE OF GRANTING - Each household has too many land plots and the numbers of land plots owned by households arc 111. I. The form of land tenure certificates changeable. (hereafter :1bhre,·iated as LTCs) issued together with Decision No. 201-QD-DKTK of July 1-L 1989 of the 111.4. For land plots which arc used h~· scYcrnl Ucncral Department of Land Management (now the users but hilYe no clear use boundaries hetwecn No.IS (31-5-1998) OFFICIAL GAZETTE 81 such users (co-users), each of the co-users shall be - Domestic organizations with land allotted or - granted a certificate. leased by the State for use for various purposes; - Foreign organizations and individuals renting m.s. Certificates of "restricted" land tenure land in Vietnam; right shall apply to agricultural land, forestry land, land with water surface used for aquaculture and land - Households and individuals that use different used for salt production in communes, wards or categories of land in inner areas of cities, towns and townships where cadastral maps with coordinates are townships, special-use land in rural areas. not available;; the land declaration and registration and the consideration of granting of land tenure Part II certificates shall be conducted on the basis of making use of available documents, materials and maps which PROCEDURES FOR REGISTERING have been examined and revised. When doing so, the LAND AND CONSIDERING THE two following.requirements must be ensured: GRANTING OF LAND TENURE CERTIFICATES 1. Complying with the approval order and procedures as guided in this Circular; precisely determining each land user's lawful tenure right to I. FIRST-TIME REGISTRATION OF LAND, each land plot. CONSIDERATION OF THE GRANTING OF LAND TENURE CERTIFICATES TO 2. Uniformly using the form of LTCs issued ORGANIZATIONS, HOUSEHOLDS AND/OR together with Decision No. 201-QD-DKTK of July INDIVIDUALS THAT ARE USING 14, 1989, the seal of' Temporary Measurement" shall UNREGISTERED LAND be stamped in the certificates according to the guidance in Part III of this Circular. Lt. Objects and scope of application: - Households and individuals: All the land areas IV. COMPETENCE TO CONSIDER, being used for all purposes; APPROVE AND GRANT LAND - Domestic organizations including State agencies, TENURE CERTIFICATES political organizations, socio-political organizations and people's armed forces units: Land areas being used which do not fall into the category required to Iv.1. The People's Committees of communes, change to the form of land lease as prescribed in wards or townships shall have to consider and Directive No. 245-TTg of April 22, 1996 of the Prime determine each land user's lawful tenure right to each Minister; land plot when the land is registered for the first time. The concrete contents to be considered include:. - Agricultural, forestry, fishing and salt-making enterprises: Land areas directly used for agricultural - Clearly determining the origin of the land use, production, forestry, aquaculture or salt production; the time of commencement of use and changes arising in the course of use; - Other enterprises: Land areas which are subject to land tax payment under the Ordinance on House - Determining the present status of land use in and Land Tax, land areas which do not fall into the terms of use purpose, boundaries of use, disputes and category required to change to the form of land lease other peculiar characteristics. as prescribed in Directive No. 245-TTg of April 22, 1996 of the Prime Minister, land areas being used IV.2. The People's Committees of districts, which fall into the category of paid land allotment. provincial capitals or cities shall sign to approve the granting of LTCs to households and individuals 1.2. The land re<Jistration and consideration of that use land for agricultural production, forestry, the granting of LTCs shall he carried out in the aquaculture, salt-making and the building of following order. residential houses in rural areas. I. 2. J Preparatory work: Iv.3. The People's Committees of the provinces l. Setting up the commune, ward or township and cities directly under the Central Government Land Registration Boards: shall sign to approve the granting of LTCs to the following land users: a/ The Land Registration Boards are bodies that

82 OFFICIAL GAZETTE No.15 (31-5-1998) advise the commune, ward and township People's - The Board shall work on the principle of Committees in considering applications for land "majority vote.. while any opinions different from the tenure registration at the commune level. general conclusion shall be reserved and recorded in the minutes. b/ A Land Registration Board is composed of from five to sc,·en members, including the following - During the Board's working course, the mral/ mandatory members: urban district.. town or provincial-city People's Committees shall hm·e to send officials from such - A vice-president of the commune (ward or concerned bureaus as the Land Bureau. the Justice township) People's Committee: Chairman of the Bureau and the constmction Bureau (for wards and Board~ townships) lo regularly participate therein so as to - An official in charge of legal matters: Vice provide guidance on professional and legal matters chainnan of the Board; as well as to thoroughly understand the situation, serving as tl1c basis for verification and submission - A land administration official: Secretary of the of applications to the competent levels for Board; consideration and approval. -The chairman of the People's Council: Member 2. Setting up the assisting experts' group (called of the Board; the Land Registration Group for short): - The heads of the villages or hamlets (for a/ The Land Registration Group shall be tasked to communes) or the heads of street population groups directly assist the commune (ward or township) (for wards): Members of the Board. People's Committees in performing all professional Particularly for the heads of the villages or hamlets work in the process of organizing the land declaration or the heads of street population groups. they shall and registration. compiling cadastrnl dossiers and only participate in considering applications of 'the preparing dossiers before they arc submitted to the subjects under t11eir management. competent levels for consideration and granting of Apart from the above-mentioned mandatory LTCs. members. the district, precinct, town. provincial city b/ A Land Registration Group shall be composed People's Committees may, depending on the concrete of: situation ofeach locality. decide to add other necessary - The ward (commune or township) land members. administration official as the Group's head; Apart from its official members. the Board shall. - Other members of the Group, including the when necessary. be allowed to invite people who arc People ·s Conunittcc 's officials who arc knowledgeable knowledgeable about the locality" s land situation as well as land policies and legislation. about the locality's land situation such as those in charge of planning, statistics. taxes, chairmen or vice c/ The commune (ward or township) People's chairmen of agro- forestrial cooperatives (if any), Committees shall propose potential members of the \'illage (hmnlct) chiefs, heads of street population Boards to the Peoplc·s Committees of the districts groups. heads of production teams, etc., and some (precincts. towns or provincial cities) for consideration people who arc capable of quickly learning professional and decision on the establishment of such Boards. techniques and have a good hand-writing. di The working regime of a Board: The number of members shall depend on the size - The Board shall meet under the chairmanship of each area where declara1ion a11d registration arc of its chairman to consider one after another made as well as each locality's cadastral dossier- compiling capability. declarntion and registration application on the basis of the land users· dossiers and materials already cl The district-level Land Administration Bureau prepared. verified and classified by the assisting may, depending on the concrete situation of each cxpcns' group. The Board may consider and approve locality. send professional officials to directly many dossiers (in case of mass land declaration and participate in the Land Registration Group as its registration) or a small number of dossiers (in case of permanent members and these people may work as a sporadic land declaration and registration). full-time staff of the higher level directly assisting the communes in organizing land declaration and - The results of the Board's working shall be recorded in a minutes ,i·hich must be adopted by all registration. the Board members and signed by the Board's d/ In the process of land declaration and Chaim1a11 and Secretary. registration in each commune (ward or township) land No.IS (31-5-1998) OFFICIAL GAZETTE 83 registration officials of the provincial-level Land the registration time table suitable to each category Administration Department must regularly provide of subjects and each particular area. providing work t:he professional direction and supervision. briefing and detailed guidance so that all land users can prepare sufficient materials, maps and forms 3. Drawing up options and plans for organizing necessary for the land declaration and registration, the land declaration and registration in each commune assigning professional officials to guide the land (ward or township) in line with the general policies declaration and registration at each registration of the provinces (or cities directly under the Central location. Government), of the rural districts (urban districts or provincial capitals and cities) and suitable to the 2. Guiding each land user how to fill declaration particular characteristics of the locality; clearly forms and prepare enclosed relevant documents. determining specific professional situations, 3. Land users shall declare and submit declaration discussing and approving the options and plans of dossiers at the commune (ward or township) People's the communes (wards or townships) and submitting Committees, such a dossier includes: them to the district-level People's Committees for approval. -An application for registration of the land tenure right; 4. Gathering relevant documents in service of the land declaration and registration and organizing the - Enclosed legal documents on the origin of the consideration and approval of dossiers. land being used; S. Preparing necessary technical supplies, forms, -The cadastral maps of the land areas or the sketch books and stationery. maps of the land plots (for sporadic and single registrations): 6. Organizing professional skills training for participants. - The land use declaration (for domestic organizations that have declared their land use 7. Making the Party organizations, the according to Directive No. 245-Tig of April 22, 1996 administration, mass organizations, leading officials of the Prime Minister); as well as ordinary people firmly grasp the policies, plans and implementation measures, popularizing - The paper certifying the land use demand of the them to land users so that the latter are well aware of concerned managing branch or the provincial-level their duties and obligations and voluntarily fulfill People's Committee (for domestic land-using them. organizations). 4. Officials who receive registration .dossiers shall 1.2.2. Checking and evaluating existing materials: have to check them in order to detect in time any Before starting the work, all land-related materials errors, guide land users to complete the registration available in localities must be evaluated. Such dossiers and record them into the registration book. materials include: 5. Upon the expiry of the declaration and - Detailed maps ofland plots, old cadastral maps, registration time limit, the commune (ward or newly-drawn cadastral maps (if any); township) People's Committees shall have to make statistics and publicly announce land plots that have - Other relevant measurement materials and maps not been declared and registered then directly register such as land allotment plans, zoning maps of them in the cadastral books. localities, etc.; 6. ln cases where there are complaints about the - Old land records; areas and shapes of land plots, the commune (ward - Carrying out necessary work to make materials. or township) People's Committees shall have to maps and books suited to the·actual land use status at organize the examination and re-verification: the the time of registration. settlement results shall be clearly stated in the written complaints. l .2.3. Organizing the land declaration and registration: 1.2.-1. Consideration and approval ofregistration applications in communes (ward\' or townships): The land declaration and registration shall be The commune (ward or township) People's organized in the following order: Committees shall have to consider and certify in each 1. Preparing a list of land users who wish to land use(s registration application after studying the register land, preparing the registration venue and conclusions of the Land Registration Boards and the

84 OFFICIAL GAZETTE No.15 (31-5-1998) provisions of law. The implementation order shall be where there are complaints or new matters detected as follows: by the people; ·the commune (ward or township) 1. Basing themselves on the land users' People's Committees shall organize the examination declarations,. the Land Registration Groups shall and verification so that the Boards can further consider examine and verify them and compile a complete then adopt the consideration results. dossier for each land user; preliminarily classify 4. Compiling the dossiers on the results of dossiers according to the e>..1.ent of their completeness: application consideration at the commune level and complete or incomplete, valid or invalid, clear land submitting them to the competent levels for approval. origin or unclear land origin, etc., for submission to A dossier on the results of the applications the Land Registration Board. consideration includes: 2. Organization of the meeting to consider - All land users' registration applications with the applications: Boards' opinions and the commune (ward or - The Land Registration Boards shall listen to the township) People's Committee's certification written wrap-up reports on the declaration results and results therein, enclosed with legal documents relating to the of the examination and verification ofland registration origin of land use; applications; The Boards shall consider every land - Copies of the cadastral maps; user's declaration of each land plot and certify the following: - The technical dossiers of land plots. reports defining the boundaries of land plots (for wards and + The legal basis of the use right to each land plot townships); already registered; - The reports on the consideration and approval + Evaluating the present land use status in terms by the Land Registration Boards; of area, use purpose, time of commencement of use, term of use, etc., according to the declared contents; - The commune (ward or township) People's Committees' reports enclosed with proposed lists of + Analyzing in detail the origin and changes land users to be granted LTCs, wrap-up reports on during the use process in necessary cases. the settlement of cases that lack conditions for being By carefully studying the above-mentioned granted LTSc. aspects, the Boards shall clearly determine: The dossiers submitted to the district, town or + Cases that meet all conditions for registration provincial city People's Committees shall be made in and being granted LTCs; two following separate types: + Cases that lack the conditions thus need to be - The type for subjects that fall under the approving further processed in order to be registered and granted competence of the district-level People's Committees LTCs; (of districts, provincial capitals or cities); + Cases that are not permitted for registration and - The ~vpe for subjects that fall under the approving granting of LT Cs. competence of the provincial-level People's Committees (of the provinces or cities directly under - The Boards shall discuss and propose measures the Central Government). to deal with violations. The consideration results and the conclusions of 1.3. Procedures for approval by the People's the Boards must be voted and recorded in detail in Committees of the competent le,•els the daily meeting minutes, which shall be incorporated in a general minutes. I. The specialized agency's examination and evaluation: 3. Making public the dossiers under consideration: Basing themselves on the consideration and - After the Land Registration Boards have reached approval dossiers of the commune (ward or township) a conclusion, the commune (ward or township) People's Committees already submitted to the district- People's Committees shall publicly announce the level People's Committees (of districts, towns or results of consideration for public comments. provincial cities) the provincial Land Administration - The duration of public announcement shall be Departments shall assume the main responsibility 15 days. Past this time limit, the commune (W'drd or together with the district Land Administration township) People's Committees shall make a report Bureaus to organize the examination of the whole to conclude the publicization of dossiers. In cases . dossiers on the consideration of registration No.15 (31-5-1998) OFFICIAL GAZETTE 85 applications regarding the following contents: directly under the Central Government) for approval lists of subjects under their competence after receiving - Checking the completeness of the dossiers and the dossiers submitted by the People's Committees of materials as prescribed. the districts (precincts, towns or provincial cities). - Checking the results of consideration and 2. The People's Committees of the provinces (or approval in the materials: registration applications, cities directly under the Central Government) and the consideration and approval reports of the Land People's Committees of the districts (provincial Registration Boards, wrap-up reports on the handling capitals or cities) shall base themselves on the dossiers of violations in the following aspects: of consideration of registration applications from + Classification of registration applications: those communes (wards or townships), the expertise reports that meet all the conditions, those that lack conditions and the reports of the land administration agencies to and need to be processed for being granted LTCs and decide to approve the granting of LTCs to qualified those fail to meet the conditions for being granted land users, decide to handle cases that lack or fail to LTCs and need to be further processed; meet the conditions for being granted LTCs for subjects falling under their respective competence. + Forms of handling cases that lack or fail to meet the conditions for being grantedLTCs; + The checking results shall be written in a report. Il. FIRST-TIME REGISTRATION OF - Technical examination of the form and style of LAND, CONSIDERATION OF THE presentation of each document, making comparison GRANTING OF LAND TENURE so as to examine the compatibility and unifom1ity CERTIFICATES TO between the registration applications and the cadastral ORGANIZATIONS, HOUSEHOLDS maps, the consideration and approval reports of the AND INDIVIDUALS THAT HAVE Land Registration Boards, the proposed lists of land users to be granted LTCs, the wrap-up reports on the COMPLETED THE PROCEDURES settlement of cases that lack conditions for being FOR LAND ALLOTMENT OR LEASE granted LTCs. The examination results shall be written in a report. At the end of the examination, a 11.1. Objects and scope of application: report thereon must be made - Performing the following necessary work: - Vietnamese organizations, households and individuals; foreign organizations and individuals that + Writing the conclusions after checking every are allotted or leased new land by competent agencies; application for land use registration. - Domestic organizations that are using land but + Making a report enclosed with draft decisions now subject to land lease. to grant LTCs, draft decisions to handle cases that lack conditions for being granted LTCs. - Foreign organizations and individuals that are using land and have completed the land lease + Writing LTCs for qualified subjects. procedures but not yet registered such land or not yet - The district Land Administration Bureaus shall filled the land lease procedures. have to submit to the district, precinct, town or The above-mentioned objects, after having provincial city People's Committees for approval lists completed all the procedures for land allotment or of subjects which are households and individuals using lease according to Circular No. 293-TT/DC of March agricultural or forestry land, land used for salt 14. 1997 of the National Administration of Land (for production or land with water surface used for domestic organizations allotted with new land), Joint aquaculture, draft reports for the rural or urban district Circular No. 856-LB/DC-TC of July 12, 1996 of the or provincial-capital or city People's Committees to Ministry ofFinance and the National Administration submit them to the People's Committees of the of Land (for domestic organizations being now subject provinces (or cities directly under the Central to land lease), Circular No. 679-TT/DC of May 12, Government) for approval lists of subjects that are 1997 of the National Administration of Land (for organizations, households and individuals using foreign organizations and individuals that lease land various categories of urban land; in Vietnam), shall have to register their land with - The provincial/municipal Land Administration (the People's Committees of) the communes, wards Departments shall have to expertise and submit to or townships where their land is located. After having the People's Committees of the provinces (or cities registered, they shall be granted land tenure

86 OFFICIAL GAZETTE No. IS (31-5-1998) certificates. shall be kept at the Land ~dministration Departments or Bureaus and only handed over to land users after 11.2. A land registration dossier includes: there is the commune-level People's Committees' certification in the land tenure right registration - The application for registration of the land tenure applications that the land has been registered. right: two copies: - The land allotment or lease decision: one copy (notarized copy) III. REGISTRATION OF LAND- RELATED CHANGES, GRANTING OF - The cadastral map of the allotted or leased land area: one copy (certified by the pro\'incial/municipal LAND TENURE CERTIFICATES IN Land Administration Department): CASE OF SUCH CHANGES - The land lease contract: one copy (for land- leasing organizations, the notarized copy): Ill. 1. Objects and sco1>c of application: - The land use declaration (for domestic After having their land registered and compiled organizations being now subject to land lease. already in cadastr.il dossiers and ha\'ing been granted first- declared according to Directive No. 245-TTg). time land tenure certificates. land users shall have to declare and register with the commune-level People's 11.3. The lan<l registration dossiers shall be Committees of the places where their land is situated submitted to the commune-level People's any land-related changes after they are permitted by Committees of the tllacc where the land is locate<l. the competent levels to take acts that cause the Within five days after receiving the complete dossiers. following land-related changes: the commune (ward or township) People's 1. Changing the land use purposes stated in the Committees shall finish their consideration, register certificates: in the communes' cadastral books and update any changes in the maps and books; certify the land has - Using the agriculturnl. forestry, aquacultural or been "registered" in the land tenure right registration salt-making land for building residential houses or applications (in the section ..The commune People's for special-use purpose or leaving it uncultivated, or Committee's opinion"): collect the cadastral fees as vice verse: prescribed and return one application to each land - Using the wet rice-growing land for planting user who shall ·submit it to the provincial Land perennial trees (fmit trees or perennial industrial Administration Department or the district Land plants), turning it into ponds, swamps or ditches for Administration Bureau for being granted a LTC aquaculture; using submerged forest land for (depending on the competence to sign and grant aquaculture. using forest land for planting short-term LTCs). Commune land administr.ition officials shall plants, etc .. or vice verse. compile land registration dossiers for users of the 2. Re-shaping land plots: Dividing one plot into registered land. record in the commune cadastral several plots or merging several plots into one plot so books, report to the provincial/municipal Land as to meet different requirements of land users. Administration Departments or the district Land Administration Bureaus for updating any changes in 3. Changing the land tenure right: For cases where the cadastra·1 books archived at each level. the land tenure right is exchanged, transferred, inherited. split or gi\'en as a gift: the State allots or .Vote: For this case of land registration, the leases more new land or recovers land being used: commune-level People"s Committees shall have land users no longer need to use land and voluntarily neither to organize the consideration of registration revert it to the State, etc. applications by the commune-level Land Registration Boards nor to submit to the provincial-level or district- ../. Using land as a mortgage at hanks for level People's Committees for signing and granting borrowing loans. LTCs. This work has been done right in the course of 5. Altering the land use duration handling dossiers and submitting them to the provincial-level or district-level People· s Committees 6. Suh-leasing land (for enterprises engaged in for decision to allot or lease land and. at the same the dwelling house construction and business, in the time. submitting to the People's Committee of the investment. construction and commercial operation competent level for signing LTCs immediately after of infrastmcture). the issuance of land allotment decisions. The LTCs The registration of land-related changes shall be No.15 (31-5-1998) OFFICIAL GAZETTE 87 made only after the above-mentioned acts that cause prescribed in Section III.2, excluding the LTCs). changes are pem1itted by the People's Committees of the competent level and effected in accordance with 111.4. De1>ending on the nature and extent of current regulations. land-related changes the land users may either be granted new LTCs or have the changes updated in III.2. A dossier of application for land-related the granted LTCs. change registration includes: 1. Certifying /and-related changes in the granted - Legal papers issued by the competent-level land tenure certificates in the following cases: People's Committees permitting to effect changes, - Altering the use purposes. use terms or shapes such as decisions to allot, lease or recover land; of land plots without changing the land tenure right: decisions to permit changes in the land use purpose or duration; contracts for land exchange or transfer - Exchanging the land tenure rights (certification or for mortgaging the land tenure right, etc., already of such land-related change shall be written in the certified by the concerned People's Committees; LTC of each party involved in the exchange); - The land tenure certificate; - Transferring, splitting or giving as a gift the land tenure rights (certification of such land-related change - The index map of the land plot subject to the shall be written in the LTCs of the transferors): change(s); - Registering or releasing mortgage of the land - Invoices and vouchers on the payment of fees tenure right. and levies related to the financial obligations that must be fulfilled by the land user when being allotted or 2. Granting new land tenure certificates in the leased land or permitted by the State to transfer the following cases: land tenure right. - Being allotted or leased new land by the State; - Inheriting the land tenure right Under the Civil III.3. Dossiers of ap1>lication for ofland-related change shall be submitted to the People's Code. Committees of the communes, wards or townshi1>s - Being given as a gift the land tenure right: where the land in question is situated. Within five - Transferring the land tenure right (new LTCs to days after receiving the complete dossiers. the be granted to the transferees for the transferred areas commune land administration officials shall have to of land); fulfill the following: - There is a change in the land area or shape ,1s a - Checking the validity and completeness of the result of measurement to draw official cadastral maps registration dossiers. guiding land users to complete with coodinatcs (new LTCs to be granted in their dossiers (if necessary); replacement of the old LTCs which were granted - Registering the changes into the book for previously when the measurement had been monitoring land-related changes. the cadastral books inaccurate). and the statistical books in accordance with Decision No. 499-QD/DKTK of July 27. 1995 of the National Part III Administrntion of Land: - Collecting the land-related change registration WRITING LAND TENURE fees as prescribed: CERTIFICATES - Compiling the land-related change registration The fonn of the land tenure certificate issued dossiers. reporting such to the district-level Land together with Decision No. 201-QD/DKTK of July Administration Bureaus and the provincial-level Land 14, 1989 of the General Department of Land Administration Departments so that the latter shall Management shall be written according to the update the land-related changes into the cadastral l,'Uidance of this Circular which replaces Circular No. dossiers filed at the provincial and district levels: 302-TT/RD-DKTK of October 28. 1989 of the General submit the land-related change registration dossiers Department of Land Management. so that the provincial-level Land Administration Departments shall file them in the original cadastral I. CONTENTS WRITTEN IN THE LTCs: dossiers of each commune, ward or township (the land-related change registration dossiers arc Page I: No \\Tiling is added to the printed contents.

88 OFFICIAL GAZETTE No.15 (31-5-1998) Page 2: Write the following contents: For example: a/ Name of the agency competent to •grant - Sai Dong township certificates: Write the name of the administrative unit - Gia Lam district competent to grant certificates on the dotted line immediately below the words: "The People's - Hanoi city. Committee", for example: Ha Nam province, Hanoi e/ Listing in detail all the land plots the land user city or Ly Nhan district; has the right to use in the printed table, ensuring the b/ Name of the land user granted the certificate: following requirements: shall be written on the dotted line immediately below - The land plots must be written in the table one the word "certify" as follows: after another, one line for one plot. starting from the - For organi7..ations. write the exact name of the first line, not written on every other line, and the organization used in its establishment decision (no unused lines must be crossed out with an oblique line. abbreviation is accepted). - On the same lines written with the land plots, a - For households. clearly write: ..The household dash (-) must be marked in the middle of each column of Mr. (Mrs.) plus the name of the household head. box for which there is nothing to declare write the full name of the household head according to his/her birth certificate. The content of the columns is written as follows: - For individuals. clearly write: "Mr. (Mrs.) plus - Column 1 .. Codes of maps": Write the codes of the name of the person who is granted the certificate, the maps and plans of the land plots to be granted the write his/her full name according to his/her birth certificate. If cadastral maps with coordinates are used, certificate. the codes of such maps shall be written in Arabic The names of the land users written in ·the numerals, in the order from the first map to the last certificates must be the same names written in the map for each commune). In cases where the certificate applications for land tenure right registration and in is granted on the basis of measurement, a dash(-) is the cadastral books. marked fo the middle of column I. If the certificate is granted to several land plots in several maps, write For land users that are households or individuals, for each land plot the code of its map in the order of the serial numbers of the identity cards of the from lower to higher map code numbers. household heads or individuals must be written. - Column 2 "Codes ofland plots": Write the code The line immediately below the name of the land of each land plot; for land plots with attached plots user shall be used for writing the name of the place of which also have code numbers, write first the codes registration of the land user's pennanent residence. of the main land plots then the codes of their attached including the names of the administmtive units of land plots in parentheses (... ). If the certificate is the provincial, district, commune, village (hamlet or granted to several land plots included in the same street) levels and the house number. If the name of map, write the codes ofland plots in the order of from the place of permanent residence is also the name of lower to higher code numbers. In cases where the the province, district ·or commune where there is the certificate is granted on the basis of measurement land plot to be granted the certificate, only the specific documents. write the code of the measurement addresses shall be written in addition to the names of document for each land plot instead of the code of the the province, district and commune already written land plot. in the section for the land plot address, for example: The household of Mr. Tran Van Phong, ID card - Column 3 "Area''; Write the area of each land number" O10803181. 35 Giai Phong Boulevard. plot corresponding to its code written in column 2, Phuong Mai ward, Dong Da district. Hanoi. the area is calculated in square meter. c/ Total land area in use: calculated in square For land plots used for different purposes. the area meter, written in Arabic numerals in parentheses(... ) used for each purpose should be additionally written on the blank line following the words: ''have the right on the immediate following lines. to use", for example: (3075) m2. - Column 4 ··use purpose": Write the symbol di The location of the land plot to be granted the indicating each kind ofland use purpose as prescribed certificate: Write one after another the names of the in the last page of the cadastral book (issued together administrative units of the commune. district and \\ith Decision No. 499-QD/DC of July 27. 1995 of provincial levels: one line for each level. the National Administr.1tion of Land). No.IS (31-5-1998) OFFICIAL GAZETTE 89 - Column 5 "Use term" shall be filled as follows: + For households and individuals: Each commune has .a system· of serial numbers to .be recorded in the + For residential land and land of other categories, book one after another from Number 1 to the last allotted by the State for stable and permanent use in number of the commune. When written in the accordance with the land legislation (the expiiy of certificates, all five numerals must be written, for the use term is not predetermined), write "pennanent". example, the serial number recorded in the book on + For land of all other categories allotted or leased the granting ofland use certificates is 15, write No. by the State for a given term, clearly write the expiiy 00015 QSDD/". time: "month and year" of the use term. + For organizations, each rural or urban district, The land use term is determined according to the or provincial capital or city shall have one land tenure land allotment or lease decisions of the competent certificate-granting book for all land-using State agencies. For cases where the land is used organizations located within its administrative without any land allotment or lease decision, the land boundary; each district-level unit shall have a system use term shall be determined as follows: of serial numbers to be recorded in such book one after another from number I to the last number of the + For organizations that use land of all categories, district. When written in the certificates all five the People's Committees of the provinces or cities numerals must be written after the. (T) code. For directly under the Central Government shall base on example, the serial number recorded in the land tenure the State's land policies to settle on the case-by-case certificate-granting book is 215, write: No. T00215 basis. QSDD/". + for residential land allotted to households or * The blank space following the symbol "QSDD/ individuals, which has a lawful use origin, the land ... " is used for writing the number and code of the use term shall be stable and long-term in accordance type of the document, tlie agency that signs the with the provisions of the land legislation. document and the year of signing of the document + For agricultural or forestry land used by which serves as the legal basis for granting certificates. households or individuals, the State's land policies The signing agencies are allowed to use the following and the locality's detailed land use planning already abbreviations for different levels: CP- the approved by the competent State agencies shall apply. Government, T - The People's Committee of the province or city directly under the Central - Column 6 "Additional remarks": Note down the Government; H-The rural or urban district provincial bindings regarding the land tenure right in the capital or city People's Committee. following cases: For uiban land, below the line ''No... QSDD/...", + For land plots leased by the State for use, write write four more Arabic numerals, with the two first the note "leased by the State". being the serial number of the cadastral book and the + For land plots which several users have the right two last being the page number registered in the cadastral book for the land user. to use, note "co-used", in cases where only a portion of the land plot is co-used, the location, area and g/ Writing the date, month and year and the measurements of such co-used portion must be signature of the president and the seal of the People's described (or reflected on an additional page). Committee competent to grant certificates. + For land plots which are planned to be wholly The date, month and year written in a certificate or partly used for other purpose{s), note the "location is the date, month and year of the decision to issue and area" incorporated in the plan to shift its use the certificate. purpose and the "time" of implementation of such plan. Page 3: Write one of the following contents: a/ Draw a table for additionally writing land plots + Bindings (if any) related to the safe traffic that can not be listed in page two of the certificate in corridor or irrigation on each land plot cases where the land user has several land plots. The f/ The number to be recorded into the land tenure contents of the table and way of writing are as guided certificate-granting book: Write in Arabic numerals for page two of the certificate. at the left bottom of page two of the certificate in In cases where a land user has too many land plots between the words: No. ... QSDD". This number, that can not be all listed in page three, write another which is the serial number to be recorded in the land certificate for the remaining land plots. tenure certificate-granting, book, is determined as follows: b/ Copies of the cadastral maps or the technical

90 OFFICIAL GAZETTE No.15 (31-5-1998) dossiers of land plots if the certificate is granted to The seal includes the following contents: few land plots. - The name of the mortgage-registering agency The duplicates must demonstrate: the drawing "the Land Administration Department of the province scale, the code of the map that is duplicated, the code of.... ", which is carved around the edge of the seal. and area of the land plot, the shape of its, boundaries, - The words "Mortgage deleted", which is carved edge measurements (if any), quadruple sides. in the seal's center. Page four: write changes after the certificate is + For certifying the sublease of a land plot to granted with the following contents: another user, clearly write: the name of the lessee and - Column 1: "Date, month, year" of the time the the number of the land lease contract. Upon the competent State agency permits the change(s). termination of the land sublease, the black-ink seal of "deletion of the land-sublease" must be stamped - Column 2: "The number and contents of the onto the contents certifying the state ofland sublease. decision" according to the number and code of the Such seal, which is in the horizontal oval shape with document, the agency that signs the document and the outer size of 20 mm x 09 mm, is registered with the year of signing of the document permitting the the provincial-level police and used and managed by change(s). the provincial/municipal Land Administration The contents of the document are summarized for Department. each of the following cases: The seal includes the foJJowing contents: + For change in the land use purpose, write: The - The name of the mortgage-registering agency code of the concerned land plot, the new use purpose "the Land Administration Department of the province and other changes (if any). of....", which is carved around the edge of the seal. + For change in the land use term, write: The code - The words "Land sublease deleted", which is of the concerned land plot and the new land use term. carved in the seal's center. + For change in the land area already granted a certificate as a result of recovery, household splitting, - Column 3: Certification by the competent donation, transfer or inheriting of the land tenure right agency" is effected by the signature of the head and to another user, write: The code of the land plot, the the seal of the agency competent to certify each form changed area (for sections of the land plot), the form of change as prescribed in "Part II'' of this Circular of change (recove.ry, transfer, etc.), the name of the and in accordance with other provisions of law. succeeding user, and other changes, if any. IL FORM OF WRITING CERTIFICATES + For exchange of the land tenure rights, write: the code of the exchanged land plot, the name of the 1. The writing must be clear, without erasing or land transferee. For the received land plot, write: the crossing out code of the map, the code of the land plot, its area, 2. The forms of writing: hand writing, typewriting use purpose and use term, and bindings (if any). and computer-printing, are pemtitted. Handwriting + For change in the shape of a land plot, write must be in black ink. :the code of the land plot in question, form of change (splitting, merging, etc.), the code and area of the 3. All the contents written in pages two and three newly adjusted land plot, other changes, if any. The of a certificate (excluding the map duplicates) must index map (if any) in the certificate's page three must be written with the same writing style, the same type be revised in accordance with the regulations on of letters and the same ink. revision of cadastral maps. 4. The sizes ofletters and numerals are prescribed + For certifying the status ofmongage, write: The as follows: name of the organization or individual that receives - The contents: the names of the agencies the mortgage, the number of the mortgage contract. competent to grant certificates and the names of the Upon termination of the mortgage a mortgage- land users who are granted certificates must be written deletion seal in black ink must be stamped onto the in small and bold letters. contents certifying the mortgage. Such seal, which is in the horizontal oval shape wi(h the outer size of 20 + For the capital letters, it is from 5 mm to 8 mm in height mm x 09 mm, is registered with the provincial-level police and used and managed by the provincial/ + For the small letters, it is from 2.5 mm to 3 mm 111unicipal Land Administration Department. in height. No.IS (31-5-1998) OFFICIAL GAZETIE 91 The remaining contents are written in normal the seal's center. letters with the size: + LTCs granted on the basis of temporary + For the capital letters, it is from 3 mm to 4 mm measurement documents must be changed for new in height. certificates when the cadastral maps with coordinates are available. + For small letters, it is from l.S mm to 2 mm in height. 3. For LTCs granted in cases where the land is leased by the State, they shall be stamped with a + For numerals, itisfrom2 mmto 3 mm in height. red-ink seal certifying that the land is leased by the State on page two of the certificates as follows: ill. OTHER PROVISIONS: - In cases where all land plots in the certificate 1. For a land plot which is jointly-used by several are leased by the State: The seal shall be stamped users without a clear use boundary between users onto the number indicating the total land area granted (hereafter referred to as co-used), each user of such the certificate written after the words "Have the right land plot shall be granted a certificate. The certificate to use.... "; granted to each land user is written as follows: -·In cases where only one or some of the land plots - The name of the land user: Write the name of in the certificate are leased by the State: The seal shall one land user granted with the certificate. be stamped onto the line(s) written with the State- - "Section for additional remarks" in the table of leased land plot(s) in the table of land plots. land plots, note down "co-used" for jointly used land • The seal is in the horizontal oval shape with the plots. outer size of 20 mm x 09 mm, which is registered - Certificates granted to the co-users of one land with the provincial-level police and used and managed plot must bear the same serial number written at the by the provincialimunicipal Land Administration left bottom of page two of each certificate and Department. The seal include the following contents: registered in the certificate-granting book. + The name of the mortgage-registering agency All the names of co-users who have the right to "the Land Administration Department of the province use the land plot must be listed in the certificate- of....", which is C31Ved around the edge of the seal; granting book under the same serial number. + The words "Mortgage deleted", which is carved 2. LTCs granted on the basis of temporary in the seal's center. measurement (in the absence of cadastral maps with coordinates) must be stamped with a red-ink seal Part IV certifying the status of"Temporaty measurement" on page two of the certificates as foliows: COMPILATION AND MANAGEMENT OF - In cases where all land plots in the certificate LAND ADMINISTRATION DOSSIERS are only temporarily measured: The seal shall be stamped onto the number indicating the total land L CADASTRAL DOSSIERS area granted the certificate, written after the words "Have the right to use....". The cadastral dossier is a system of documents, - In cases where only one or some of the land plots data, maps, books, etc., containing necessary • in the certificate are temporarily measured: The seal information about the natural, economic, social and shall be stamped onto the line(s) written with the legal aspects ofland, which are formed in the process temporarily measured land plot(s) in the table ofland of measuring and drawing cadastral maps, making plots. first-time registration and land-related change registration and granting of land tenure certificates. - The seal is in the horizontal oval shape with the outer size of 20 mm x 09 mm, which is registered 1.1. The cadastral dossier reJ,'lllarly used in with the provincial-level police and used and managed service of management includes: by the provincial/municipal Land Administration 1. Cadastral maps with coordinates; Besides, Department. The seal includes the following contents: depending on the current conditions of each locality, + The name of the certifying agency "the Land there are also the following types of maps: Administration Department of the province of....", - The detailed map of land plots of the whole which is carved around the edge of the seal. commune, measured and drawn with different + The words "Leased land", which is carved in methods;

92 OFFICIAL GAZETTE No.IS (31-5-1998) - The technical dossiers of land plots (for urban The above-said cadastral dossiers are compiled at land) or the detailed plans of land plots (for the commune level by the commune, ward or township agricultural and forestry land plots used by several People's Committees under the professional guidance users without a fixed use boundary between users). of the district-level Land Administration Bureau officials and examination of their validity by the - The sketch map of a certain area (a street block, provinciaUmunicipal Land Administration rice field, rural hamlet, mountainous hamlet, etc.) or Departments. Particularly for the original dossiers and each land plot (for cases where cadastral maps are materials formed in ,the process of measuring the not available but there is a need to make registration, cadastral maps (prescribed in Section 1, Part 1.2 compile dossiers and grant certificates to each group above) the provincial/municipal Land Administration of households, each individual or each organization Departments shall have to incorporate them into the for each land plot). system of dossiers after checking and accepting the 2. The cadastral book. land measurement results of each project 3. The land statistical book. The following dossiers and materials shall have legal effect only after they are signed by the presidents 4. The land-related change monitoring book. and stamped with the seal of the commune, ward or 5. The land tenure certificate-granting book. township People's Committees and by the directors 6. Land tenure certificates. and stamped with the seal of the provincial/municipal Land Administration Departments. 7. Fonns of statistics of land areas. - Cadastral maps, 1.2. Original dossiers and materials, which are - Cadastral books, filed for reference when necessary, include: - Land statistical books, 1. Original materials formed during the process - Forms of statistics ofland areas. of measuring and drawing cadastral maps, including all outputs, according to the already approved m MANAGEMENT OF CADASTRAL economic-technical feasibility study, of each project DOSSIERS of measuring and drawing cadastral maps, excluding cadastral maps, technical dossiers of land plots and. measurement plans ofland plots mentioned in Section m.t. The following materials shall be made in 1.1, Part IV above. three sets of equal legal effect for filing l)nd use at the three levels: provincial (provinces and cities directly 2. Original materials formed during the process under the Central Government}, district (rural and of making first-time registration, land-related change urban districts provincial capitals and cities) and registration and granting of land tenure certificates, commune (wards and townships): including: - Papers submitted by land users when making - Cadastral maps, registration and declaration such as applications for - Cadastral books, declaration and registration, legal documents on the - Land statistical book, origin ofland, etc. - Dossiers and materials formed in the process of - The statistical tables of land areas. considering and approving applications at the The land tenure certificate-granting books are used commune and district levels. only for monitoring the granting of land tenure - The legal documents issued by levels with certificates under the jurisdiction of the provincial competence to perform the land registration and to and district levels. grant land use certificates such as decisions to The books for monitoring land-related changes are establish registration boards, decisions to grant land used only for recording land-related changes declared tenure certificates and decisions to handle violations and registered by land users. of land legislation, etc. - Dossiers on technical examination, testing before 111.2. Commune (ward or township) land accepting land registration results, consideration of administration officials, the Land Administration the LTC granting. Bureaus of districts (rural/urban districts, provincial capitals and cities), and the Land lL MODE OF COMPU.ING CADASTRAL Administration Departments of the provinces and DOSSIERS cities directly under the Central Government shall No.15 (31-5-1998) OFFICIAL GAZETTE 93 be accountable to the People's Committees of the same referred to. level and the higher-level land administration agency for filing and managing all cadastral dossiers PartV according to their assigned responsibility. ORGANIZATION OF IMPLEMENTATION fil3. Revision of cadastral dossiers: For acts that cause land-related changes after first-time registration L In line with the policies on professional matters prescribed in Section m.1 on registration of land- guided in this Circular, the People's Committees of related changes in Part II of this Circular, and after the provinces and cities directly under the Central the land users have completed the procedures for Government shall base themselves on the concrete registering changes with the commune {ward or conditions of each locality to determine the policies, township) People's Committees, commune land solutions and implementation plaris so as to direct administration officials shall, with five days, complete the People's Committees of districts (provincial the updating and revision of the cadastral dossiers capitals and cities) and the People's Committees of filed at the commune level, transfer the change communes (wards and townships) to draw up concrete registration dossiers and reports thereon to the district- plans for implementing the land registration, level Land Administration Bureaus which shall, compiling cadastral dossiers and granting land tenure within three days after receiving the dossiers and certificates to all organizations, households and reports from the commune level, complete the revision individuals that are using land in each administrative of the cadastral dossiers filed at the district level and unit Cadastral dossiers must be compiled for every continue to send the land-related change registration land user at the commune-level administrative unit dossiers to the provincial/municip al Land so as to serve in tiine the requirements of State Administration Departments. within five days after management over land as well as other political, receiving the dossiers and reports from the district economic and social requirements. level, the provincial/municipal Land Administration Departments shall complete the revision of the The provincial-level People's Committees shall cadastral dossiers filed at the Departments and, at have to direct the Land Administration Departments. the same time, keep such dossiers and make addition and other concerned departments, sections and to the .list of commune dossiers filed in the branches of the provinces to closely coordinate with Departments' systems of files. one another in assisting the district-level and commune-level People's Committees to well The revision of changes in cadastral maps shall implement the land registration, compile cadastral comply with a separate guidance of the National dossiers and grant land tenure certificates in each Administration of Land. The revision of the cadastral locality. books, the land registration books, the LTC-granting books and the land-related change monitoring books Il. The directors ofthe provincial/municipal Land at each level shall comply with the provisions in Administration Departments shall base themselves on Decision No. 499-QD/DKTK ofJuly 27, 1995 of the this Circular to assist the provincial-level People's National Administration of Land. Committees to directly implement the land registration, compile cadastral dossiers and grant land m. 4 The provincial/municipal Land Adminis- tenure certificates according to the set plans of the tration Departments shall be accountable to the provinces. The provincial/municip al Land provincial-level People's COmmittees for organizing Administration Departments shall have to organize the filing, management and supply of legal professional training for commune and district land information on land {such as: the land tenure right, administration officials and Land Registration Groups land use purposes, land use terms, areas and of each commune. measurements of land plots, etc.,) for all land-using m. This Circular takes effect from the date of its branches and levels, organization, households or signing. Any difficulties and problems arising in the individuals. course ofimplementation should be promptly reported Cadastral dossiers filed at the commune and to the National Administration of Land for consideration and settlement. district levels in accordance with the provisions of this Circular shall serve as the legal basis for the People's Committees of such levels to deal with land For the General Director of the relations arising in each locality. In necessary cases, National Administration of Lund the lawful original dossiers filed at the provinciaV Deputy General Director municipal Land Administration Departments must be Prof. , Dr. DANG HUNG VO