Circular No. 06/2007/TT-BTNMT guiding the implementation of a number of articles of the Government’s Decree No. 84/2007/ND-CP of 25 May 2007 additionally stipulating the grant of land use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement when land is recovered by the State, and settlement of land-related complaints

36 OFFICIAL GAZETTE Issue nos 08·09(July 2007 (C6ng Bao nos 478-4791July 19, 2007) THE MlNISTRYOF NATURAL RESOURCES AND ENVIRONMENT CIRCULARNo.0612007fIT-BTNMTOFJULY 2,2007, GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE No.84/20071ND CP OF MAY 25, 2007, ADDITIONALLY STIPULATING THE GRANT OF LAND USE RIGHT CERTIFICATES, RECOVERY OF LAND, RXERCISE OF LAND USE RIGHTS, ORDER AND PROCEDURES FOR COMPENSATION, SUPPORT AND RESETTLEMENT WHEN LAND IS RECOVERED BY THE STATE, AND SETTLEMENT OF LAND-RELATED COMPLAINTS Pursuant to the November 26, 2003Land Law; Pursuant to the Government's Decree No. 84/ 2007/ND-CPofMay25,2007, providing additional guidance on thegrantoflanduserightcertificates, landrecovery, exercise oflanduserights, orderand procedures for compensation, support and re settlement when land is recovered by the State, and settlement ofland-related complaints; Pursuant to the Government's Decree No. 91/ 2002/ND-CP ofNovember 11, 2002, defining the functions, tasks, puwers andorganizational structure of the Ministry of Natural Resources and Environment; The Ministry of Natural Resources and Environmentguides theimplementationofa number ofarticles oftheGovernment's Decree No. 15412UU71 ND-CP ofMay 25, 2007, additionally stipulating thegrantofland use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement when land is recovered by the State, andsettlement ofland-related complaints (referred to as Decree No. 84/2007/ND-CP) asfollows: I. DETERMINATION OF THE STARTING TIME OF LAND USE IN A STARI,R MANNER DEFINED IN CLAUSE 4 OF ARTICLE 3 Ifnone ofpapers listed in Clause 2, Article 3, of Decree No. 8412007/ND-CP is available, the commune-level People's Committee shalldetermine ... ® VIETNAM LAW & LEGAL FORUM Issye nos OB·09(Jyly 2007 (C6ng Bao nos 478-479/Jwly 19, 2007) OFFICIAL GAZETTE 37 © VIETNAM LAW & LEGAL FORUM the startingtime of land use in a stablemanneras follows: I. Intheprocess ofconsidering the grantofland userightcertificates (referred toascertificates, when carrying outtheverification and certification of the origin and starting time of land use, the status of disputesoverthe landplot andtheconsistency with the approved land use planning as prescribed in Clause2,Article 135,and Clause2,Article136,of DecreeNo. I81/2004/ND-CP ofOctober29,2004, on the implementation of theLandLaw(referred to as Decree No. 181/2004/ND-CP), the commune level People'sCommittee shallcollectopinions of inhabitants whohave been livingin the residential areasincethe timethe landplotstartsto be usedfor the currentpurposes. Opinions of these inhabitants mustbe recorded in writingaccording to a set form (not printedherein) and publicized togetherwitha list of caseseligible and ineligible for the grantof certificates. 2.Afterfinishing the publicization according to regulations, thecommune-level People'sCommittee shall consider opinions on the origin and starting time ofland usefor the currentpurposes andmake certification in the application for a certificate, and sendtheapplication to thelanduseregistration office togetherwiththe writtenopinions of inhabitants in the residential area and other papersas prescribed in Articles 135 and 136 of DecreeNo. 181/2004/ ND-CP. II. GRANT OF CERTIFICATES DEFINED IN CLAUSE 2 OF ARTICLE 8 I. In localities wherethe swapandconsolidation of agricultural land plots has not yet been carried outorcompleted, ifit is requested byhouseholds or individuals usingtheselandplotsin the application for a certificate, the district-level People's Committee shallgranta commoncertificate for all or several land plots under the use rights of one household or individual. 2.A commoncertificate for several agricultural landplotsof onehousehold or individual is granted as follows: 2.1.Theconcerned household or individual shall submit to the commune-level People's Committee or the land use right registration office under the Natural Resources andEnvironment Sectionof the locality where the land plot exists as prescribed in Clause I, Article 135,or Clause 3, Article 122,of Decree No. 1g1/2004/ND.(;P one olw::ier set as defined inClause1,Article135,orClau<;e I,Article 136, ofDecreeNo. I84/2004/ND-CP; the certificate applicationmust clearly state till: laud plotsfur which a commoncertificate is appliedfor. 2.2.The orderand procedures for the grant of a commoncertificate forseveral agricultura11andplots of one household or individual comply with the provisions ofClauses 2 and3,Article 135,orClause 2,Article136,of DecreeNo. 181/2004lND-CP. 2.1. The certificate will be filled in with the following details: a/ SectionII(Landplotsunderthe use rights)of the certificate: Point I (LandplotNo.):Write "Having ... (the total nnmberof agricultural land plots of one land user) landplots"; Point2 (MapNo.),Point3 (Address of the land plot),Point7 (Landuseduration) andPoint8 (Land useorigin): Leavethis Pointblank; Puinl4 (Area): Write the total area ofall land plots statedin the certificate; Point5 (Landuseform); Write the totalareaof all land plots defined in the certificate on Part "Separateuse"; Point6 (Landusepurposes): Write "Agricultural production land"; bl Section IV (Notes): Write "Detailed information on eachlandplot is shownin the listof agricultural production landplotsenclosedwiththis 38 OFFICIAL GAZETTE Issye nos 08·09[Jyly 2007 (C6ng B~o nos 478-4791July 19, 2007) certificate." c/ To make a list ofagricultural production land plots for which a common certificate is granted according to form No. 02 issued together with this Circular (not printed herein). d/ Section V (Land plot map): It is unnecessary to show the land plot map. m. MODIFICATION OF GRANTED CERTIFICATES OR GRANT OF NEW ONESAS PRESCRIBED AT POINT C, CLAUSE 2 OF ARTICLE 11 1. In case the right transferor can submit the granted certificate: 1.1. The land use right registration office or the natural resources and environment agency (referred to as the land use right registration office), for localities where a land use right registration office has not yet been set up, shall modify the certificate and hand over the modified certificate to the right transferee if the contract or paper on land use right transfer states the transfer of land use rights of the whole land plot; 1.2. The land use right registration office shall base on the contract or paper on land use right transfer to divide the land plot before carrying out procedures for the grant of new certificates to the transferee and the transferor, in case of transfer of land use rights ofpart ofthe land plot. 2. In case the right transferor cannot submit the granted certificate: 2.1. The natural resources and environment agency shall submit to the People's Committee competent to grant certificates a decision annulling the certificate already granted to the transferor.That decision will besent to the transferor, the transferee, the natural resources and environment agency, the land use right registration office of the same level and the People's Committee ofthe commune where the land plot exists; 2.2. The land use right registration office shall carry out procedures for the grant ofa new certificate to the transferee ifthe contract or paper on land use right transfer states the transfer ofland use rights of the whole land plot; 2.3. The land use right registration office shall base on the contract or paper on the land use right transfer to divide the land plot before carrying out procedures for the grant of a new certificate to the transferee, in case of transfer of land use rights of part of the land plot; at the same time, record the changes in the cadastral dossier of the transferor. Thc transferorshallcarryout procedures for the grant ofa certificate for the remaining land area. IV. GRANT OF CERTIFICATES DEFINED IN ARTICLE 17 I. For currently used land plot, which were formed before the effective date of the decision on the minimum area allowed for division, issued by the provincial-level People's Committee, a certificate may be granted ifall conditions specified by the land law are met. 2. For land plots which are divided from the currently used land plot by land users after the effective date of the decision on the minimum area allowed for division, issued by the provincial-level People's Committee. but are smaller than the minimum area allowed for division, no certificate shall be granted and procedures for the exercise of the right, 10 transfer, donate or lease land use rights or mortgage, guarantee or make capital contribution with land use rights may not be carried out. 3. In case the land user applies for permission to divide a land plot into two or more land pieces smaller than the minimum land area concurrently with consolidating one ofthese land pieces with an adjacent land plot into a new land plot equal to or larger than the minimum area allowed for division, he/she may be allowed to divide the land plot concurrently with the consolidation and a new © VIETNAM LAW & LEGAL FORUM Issue nos 08.09(July 2007 (Cong BaD nos 478-479/JlJly 19, 2007) OFFICIAL GAZETTE 39 certificate shall be granted for the new land plot. V. DETERMINATION OF LAND AREAS USED FOR PUBLIC PURPOSES DEFINED IN ARTICLE 20 1. Land areas used for public purposes defined at Point a, Clause 1, Article 20, ofDecree No. 84/ 2007/ND-CP include: 1.1. Land for construction of roads which are linked to public traffic systems and not separated by barriers of any forms in order to restrict travel within the boundary of the investment work or project; 1.2. Land used for construction of parks, recreation centers, education and training establishments, medical establishments, cultural establishments or physical training and sports establishments which, however, are non-profit public facilities in service ofinhabitants living inside and outside the urban center or rural residential area; 1.3. Land inside fences or barriers of areas reserved for apartment buildings, villas, separate houses built adjacent to each other, trade centers and tourist sites shall not be regarded as being used for public purposes defined at Point a, Clause 1,Article 20, ofDecree No. 84/2007/ND-CP. VI. WITHDRAWAL OF GRANTED CERTIFICATES SPECIFIED IN ARTICLE 21 I. After considering the grant ofa certificate upon written conclusions ofan investigative or inspection agency as specified in Clause 1,Article 21 ofDecree No. 84/2007/ND-CP, ifthe agency that has granted the certificate obtains grounds to believe that the certificate was lawfully granted, it shall issue a written reply to the agency that has made the conclusions. 2. The results of verification of the grant of a certificate carried out by an inspection agency specified in Clauses 2 and 3, Article 21 of Decree No. 84/2007/ND-CP shall be sent to the People's Committee and the natural resources and environment agency of the same level, the organization or citizen that has detected the illegally granted certificate and the person who has been granted the certificate. Ifopinions remain divergent on the verification results, the People's Committee shall direct the investigation of the case before issuing a decision to withdrawthe granted certificate or making a written response to the organization or citizen that has detected the case, in case no withdrawal decision is issued. 3. Upon detection ofan illegally signed certificate which has not yet been handed over to the laud user or which the land user refuses to receive, the state agency competent to grant that certificate shall issue a decision to annul the signed certificate; that decision shall be sent to the natural resources and environment agency and the land use right registration office of the same level. At the same time, a written notice shall be sent to the applicant, clearly stating the reason for the annulment of the certificate. VII. SALE OF DWELLING HOUSES BUILT ON LAND LEASED BY THE STATE DEFINED IN ARTICLE 27 1. Investors being domestic economic organi7Rtions or overseas Vietnamese th~t have been leased land by the State in the form of land lease with annual land rent payment for the execution of projects un building houses foileasc bulnow wish to sell dwelling houses built on these leased land areas shall shift to the form ofland allocation by the State with collection ofland use levy; the prices of residential land are determined under the provisions of Clause 1, Article 5, ofDecree No. 17/2006/ND CP amending and supplementing a number of articles of decrees guiding the implementation of © VIETNAM LAW & LEGAL FORUM 40 OFFICIAL GAZETTE Issue nos 08'09[Jyly 2007 (COng BaD nos 478-479/July 19, 2007) theLand LawandDecreeNo. 187/2004/ND-CP on transformation of state companies intojoint-stock companies (referred to as Decree No. 17/2006/ND CP); the landuse duration is determined as forthe casedefined in Clause2,Article 32,of Decree No. 84/2007/ND-CP. 2. Investors beingoverseas Vietnamese, foreign organizations or individuals thathavebeenleased landbytheState withone-offlandrentpayment for thewhole lease duration fortheexecutionofprojects on building dwelling houses for lease before the effective date of Decree No. 84/2007/ND-CP but now wish to sell dwelling houses built on leased landareas shallpaythedifference between theland use levy determined according to land prices specified in Clause I, Article 5, of Decree No. 17/ 2006/ND-CP and land rent already paid for the whole lease duration; the land use duration is determined as for the case defined in Clause 2, Article 32,of Decree No. 84/2007/ND-CP. 3. Investors being foreign organizations or individuals thathavebeenleased landby the State withannual landrentpayment forthe execution of projects on building dwelling houses for lease but now wish to sell dwelling houses built on leased landarcos shall shiftto the formofland lease with one-offlandrentpayment as specified inArticle 32 of Decree No. 84/2007/ND -CP. VIII. MORTGAGE REGISTRATION DEFINED AT POINT D, CLAUSE 2, ARTICLE 31 1. The district-level People's Committee shall makea list of communes and townships (referred to as communes) far away from the district capital forwhich the director of the district-levelland use right registration office (or the head of the natural resources and environment section for localities where no land use right registration office exists) authorizes commune-level cadastral officers tocarry outmortgage registration, mortgage registration for capital borrowing by a third party (guarantee), registration of modification of mortgage contents, registrationofsupplementationofmortgage contents and cancellation of mortgage registration (collectively referred toasmortgage registration) of households andindividuals incasecertificates have beengranted. For communes near the district capital where mortgage registration ofhouseholds andindividuals maybecarried outconvenientlyat thedistrict-level land use right registration office, mortgage registration is not required to be authorized to commune-level cadastral officers. Households andindividuals incommunes where cadastral officers are authorized to carry out mortgage registration may carry out registration mortgage in the communes or at the district-level land userightregistration office. 2. Mortgage registration order and procedures forcommune-level cadastral officers authorized to carry outmortgage registration: 2.1.Afterthecontractonthemortgage withland userights orassets attached to land, mortgage with landuserights orassets attached to landforcapital borrowing byathirdparty, modification ofmortgage contents or supplementation of mortgage contents between a land-using household or individual and the mortgagee has been signed and notarized or authenticated as specified in JointCircular No. 04/ 2006ffTLT-BTP-BTNMT ofJune 13,2006,of the Ministry of Justice and the Ministry of Natural Resources and Environment, guiding the notarization and authentication of contracts and documents on the exercise ofland users' rights, or after the capital borrower has fulfilled hisiher/its/ debt-payment obligation. withwrittencertification of the mortgagee on the mortgage contract or a written certification of the fulfilhnent of the debt payment obligations, the mortgage registration applicant shall submit amortgage registration dossier to the People's Committee of the commune where © VIETNAM LAW & LEGAL FORUM Issue nos 08·09/Julv 2007 (C6ng BaD nos 478-479/July 19, 2007) OFFICIAL GAZETTE 41 the land exists according to Joint CircularNo. OS/ 200S/TTLT-BTP-BTNMT of June 16,200S, of the Ministry of Justice and the Ministry of Natural Resources andEnvironment guiding theregistration of mortgageand guaranty with landuse rights, and JointCircularNo. 03/200SmLT·BTP-BTNMT of June 13, 2006, amending and supplementing a numberofprovisions ofJointCircularNo. OS/2005/ TTLT-BTP-BTNMT. Applications for registration of mortgage with land use rights or assets attached to land, modification of mortgage contents already registered, cancellation of registration of mortgage with land use rightsor assetsattachedto land, and correctionoferrorsshallbemadeaccording to forms No. 03, 04, 05 and 06 issued together with this Circular, respectively. 2.2. Upon receiving a mortgage registration dossier, commune-level cadastral officersshall: aI Check the completeness and validity of the dossierandonlyreceive complete andvaliddossiers fallingunderhis/herauthorized competence; b/ Writein the mortgage registration application thetimeofreceiptof thedossier(hour, minute,date, month,year),signandwritehis/herfullnamein the sectionformortgage registration certification in the applicationand affixthesealof the commune-level People's Corrunittee; c/ Make an entry in the mortgage registration dossierregisteraccording to a set form (notprinted herein); d/ Collectmortgage registration fees according to Joint CircularNo. 03/2007mLT/BTC-BTP of January 10, 2007, of the Ministry of Finance and the Ministry of Justice guiding the collection, payment,management and usc of registration fees and charges for supplyof information on security transactions; and issuefee receipts; e/Makeandhandoverto thedossiersubmittera dossier receipt and a slip of appointment, if the mortgage registration procedures are to be carried out on the subsequentworkingday. 2.3. In the following cases, commune-level cadastral officers mayrefuseto receive dossiersand, atthesametime,clearlyexplainthereasonforrefusal to the dossiersubmitters: aI The applicant is ineligible for mortgage registration at the commune-level People's Committee; b/ The dossier of mortgage registration or registration for mortgage registration cancellation is incomplete or invalid; c/ A forged paper is detected in the mortgage registration dossier; d/ Inconsistency between information in the mortgage registration dossier and the cadastral dossieris detected; e/ The applicant for mortgage registration fails to pay a registration fee as required. 2.4.Fora validdossieralready received, righton the dateof receiptof the dossieror no later than the subsequent workingday, commune-level cadastral officers shall: aI Make modificationon the additional page of thecertificate according tocontents specifiedatPoint b,Clause 9,Article3 of theRegulation promulgated togetherwith DecisionNo. 08/2006/QD-BTNMT, atthecolumn"Modificationcontents andtheirlegal basis" as follows: In case of mortgage with land use rights (or assetsattachedto land):Write "Mortgagewith land use rights(or assetsattachedto land)with the bank: (orMr., Ms.,or anothereconomicorganization).... (write the name of the mortgagee) under contract No..../dated... ;" In case of mortgage with land use rights (or assets attachedto land) for capitalborrowingby a thirdparty(guarantee): Write"Mortgagewith land use rights (or assets attached to land) for Mr. (or Ms., household, organization).... (write the name oftheborrower) withthe bank(orMr.,Ms.,another © VIETNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE Issue nos Oa·09!Jyly 2007 (Cong Bao nos 478-4791July 19, 2007) economic organization)." (write the name of the mortgagee) undercontract No... ./dated... ;" In case of registration for modification or supplementation of registered mortgage contents: Write "The mortgage contents registered on the date.... regarding... (write the type of mortgaged assets) aremodified or supplemented into ... (write the modifiedor supplemented contents);" In caseofcancellation ofmortgage registration or mortgage for capital borrowing by a third party (guarantee) with landuse rightsor assetsattached to land: Write "Having cancelled mortgage registration (or mortgage for capital borrowing by others) according to the certification of the mortgagee madeon ... " andcrossout in redinkthe line with the words on mortgage or mortgage for capital borrowing byotherswithlanduserights(or assetsattached to land); bl Recordthe contents of mortgage registration in the cadastral register currently managed at the commune. cl Make an entry in the list of mortgage registration cases according toa setform (notprinted herein); d/ Sign. writehis/herfullnameandaffixtheseal of the commune-level People's Committee at the column"Certification of competent agency." d/ Rerumtothemortgage regisuarion applicant: the application for mortgage registration (with the certificationofthecommune-level cadastral officer), a receiptof registration fee andthe certificate with the certification of mortgage registration contents. 3.Onthe 1st andthe15th every month, commune levelcadastral officers shalltransfer to the district levellanduserightregistration officethefollowing papers: 3.1. The list of mortgage registration cases, defined atItemc,Point2.4,Clause 2 ofthisSection; 3,2, Mortgage registration applications and mortgage contracts; 3.3. Registration fee receipts and colleted registration fees. 4.District-levelland userightregistration offices shall: 4.1. Adjust cadastral dossiers according to mortgage contracts transferred by commune-level cadastral officers and notifysuchto theprovincial levellanduserightregistration office foradjustment of cadastral dossiers according to regulations; 4.2. Receive and manage collected mortgage registration feesaccording to regulations. 5. District-level natural resources and environment sections or landuse right registration offices shall provide commune-level cadastral officers with professional guidance on mortgage registration according to this Circular. IX. LAND RENT AND AUCTION OF LAND USE RIGHTS DEFINED IN ARTICLE 32 1. Overseas Vietnamese, foreign organizations and foreign individuals (collectively referred to as foreign investors) that have been leased land and paid land rent in a lump sum for the whole lease duration for the execution of projects on building dwelling housesforcommercial purposes underthe provision of Point a, Clause 2, Article 35, of the Land Law beforethe effective date of Decree No. 84/2007/ND-CP and now shift to the form ofland leasespecified inArticle 32ofDecree No.84/2007/ ND-CP shall pay the difference between the residential land use levy determined according to the land prices specified in Clause 1, Article 5 of Decree No. 17/2006/ND-CP andthe landrentthey havepaidin lumpsumforthewholeleaseduration. 2. Forforeign investors thathavebeenleasedby landandpaidthelandrentinlumpsumforthewhole lease duration for the execution of projec.t< on building dwelling housesfor commercial purposes undertheprovisions ofPointa,Clause 2,Article 35 © VIETNAM LAW & LEGAL FORUM Issua nos OS·09/Julv 2007 (C6ng Biio nos 478-4791July 19, 2007) OFFICIAL GAZETTE 43 ofthe Land Law before the effective date ofDecree No, 84/2007/ND-CP but do not shift to land lease as specified in Article 32 of Decree No. 84/20071 NO-CP, when selling dwelling houses in association with residential land use rights, they shall pay to the State the difference between the residential land use levy determined according to the land prices specified in Clause I, Article 5, of Decree No. 171 2006/ND-CP and the land rent they have paid once for the whole lease duration. For villas and separate houses constructed adjacent to each other, the difference shall be paid at the time of house sale; for condominiums, the difference shall be paid no later than the time of completion ofprojects on building condominiums, 3. The order and procedures in case foreign investors shift to land lease with payment of land rent for the whole leaseduration for project execution underArticle 32ofDecree No. 84/2007/ND-CP are as follows: 3.1. Foreign investors shall submit one dossier set to the land use right registration office of the province where the land exists; such a dossier set comprises an application for the execution of the project in the form ofland lease specified in Article 32 ofDecree No. 84/2007/ND-CP and the land use right certificate; The provincial-level land use right office shall check dossiers, receive complete and valid dossiers and guide investors to complete invalid and incomplete dossiers. 3.2. Within two working days after receiving complete and valid dossiers, the provincial-levelland use right registration office shall make and send cadastral map extracts and cadastral dossier extracts to provincial-level Finance Service for the latter10 carry out procedures for submission to the provincial-level People's Committee for determination of residential land prices according to Clause I, Article 5, ofDecree No. 17/2006/ND CP; and send all dossiers to the provincial-level Natural Resources and Environment Service; 3.3. Within two working days afterreceiving tax offices' notice on the investors' fulfillment of financial obligations, the provincial-level Natural Resources and Environment Service shall record land use changes on the additional page of the granted certificate and direct the land use right registration office to record land use changes on the cadastral dossier and return the modified certificate to the investor. The land use changes are recorded on the additional page of the certificate as follows: aI At the column "Date of adjustment": Write the time of adjustment for land use right Changes; blAt the column "Adjustment contents and legal grounds": Write "Investor (write the name of the economic organization of the project investor) has shifted from land lease with payment of land rent for the whole lease term to payment of land rent equal to the amount of land use levy specified in Document No ....dated ... ;" 4. The order and procedures for land use right auction specified in Clause l.Article 32 of Decree Nu. 84/2007/ND-CP comply with those applicable to domestic investors under the Prime Minister's Decision No. 216/2005/QD-TTg of August 31, 2005, promulgating the Regulation on land use right auction for land allocation with the collection ofland use levy or land lease. 5. The order and procedures for land lease specified in Clause 2, Article 32, ofDecree No. 841 2007/ND-CP comply with those applicable to domestic investors that are allocated land by the State with the collection of land use levy specified in Article 125 or Article 126 ofDecree No. 18112004/ ND-CP. 6. The grant of certificates 10 foreign investors that acquire land use rights at auction or are leased by land the State as specified in Article 32 ofDecree No. 84/2007/ND-CP complies with the order and procedures specified in Article 139 of Decree No. 1811?004IND-f:P, in which: © VIETNAM LAW & LEGAL FORUM 44 OFFICIAL GAZETTE I..uo nos OB·09lJ "Iy2007 (C6ng B~o nos 478-479/July 19, 2007) 6.1. At the column "Use duration": Write "70 yearsas fromdate.. J.. J .. .(writethe effective date of the decision recognizing the results of land use rightauction orthedecisionon landleasewithone off payment of land rent equal to the amount of residential landuse levy)and this duration maybe extended forseveral times,ifthelandusersowishes: 6.2. At the column "Use origin": Write "Land leased by the State with one-off payment of land rentequalto the amountofland use levy." X. LAND RECOVERY SPECIFIED IN ARTICLE 34 1. Important economic development projects specified in Clause I, Article34 of Decree No. 841 2007/ND-CP include: 1.1. Important national economic projects in which investment is decided by the National Assembly in its resolutions; 1.2. Important economic projects in which investment is decidedby the PrimeMinister under Article 37 of Decree No. 108/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the InvestmentLaw. 2. Projectson constructionof residentialareas, tradecentersor high-classhotelsdefinedinClause 2, Article 34 of Decree No. 84/2007/ND-CP include: 2.1.Economic development projects in existing urban centers, including projects on building dwelling housesforsaleor leaseunderhousing and realestatebusiness laws,projects onbuilding social houses, projects on building dwelling houses for resettlement, projects on building public houses, projects on building trade centers, trade fairs and exhibition centers; and projects on building hotels of3-star or highergrades. Economic development projects stated at this Point must be included in the land use planning or detailed urban construction planning already approved bycompetent stateagencies andhavetheir investment undertakings approvedbythe president of the provincial-level People's Committee on a case-by-case basis. 2.2.Economic developmentprojects inexpanded areasofexisting urbancenters or newurbancenters, including all economic projects(regardless of their scopeandforms) included in the landuseplarming, general urban construction planning or detailed urban construction planning already approved by competent stateagencies. The allocation or leaseofland forthe execution of economic development projects stated at this Point shall be conducted only after the Stale has recovered part or the whole of land areas plarmed for expansionof the existing urban centers or the construction of new urbancenters. 2.3. Economic development projects in existing rural residential areas, expanded rural residential areas or newly built rural residential areas, including all projects included in the land use plarming or planning on the construction ot rural residential points already approved by competent state agencies. The allocationor leaseofland forthe execution of economic development projects in expanded areasof existingruralresidentialquartersor newly built rural residential quarters stated at this Point shall only be carried out after the State has recovered part or the whole ofland areas planned for the expansion of the existing rural residential areas or the construction of new rural residential areas. 3. The order and procedures for land recovery, support andsettlementcomply withDecreeNo. 1971 2004/ND-CP of December 3, 2004, on compensation, supportand resettlement upon land recovery bythe State, DecreesNo. 17/2006/ND-CP andNo. 84/2007/ND-CP. © VIETNAM LAW & LEGAL FORUM Issue nos 08·09/JUly 2007 (GOng Bao nos 478-4791Jufy 19, 2007) OFFICIAL GAZETTE 45 XI. MAKING OF LAND USE RIGHT TRANSACTIONS DEFINED IN ARTICLE 66 I. Provincial/municipal People's Committees shall: 1.1.Directandurge concerned services, branches anddistrict-level People's Committees toguide land usingorganizations, households andindividuals that have not yet been granted certificates to submit dossiersof application for certificates; 1.2. Further speed up the grant of certificates, simplify procedures so as to immediately grant certificates to land usersthat have one of land use right papers defined in Clauses 1,2 and 5, Article 50 of the Land Law; and immediately apply provisions of Decree No. 84/20071ND-CP to the grant of certificates to land users that do not have land use rightpapers defined in Clauses 1,2 and 5, Article50 of the LandLaw. 2. Iflandusersthatsubmit dossiers ofapplication forcertificates before November 1,2007,according to the provisions of law and but have not yet been grantedcertificates and landusersthat have one of land use right papers defined in Clauses I, 2 and 5 of the Land Law wish to exercise the rights to convert, transfer, lease, sub-lease ordonatelanduse rights, mortgage with, or contribute capital in the form of, land use rights, land use rightregistration offices shallbaseon the dossiers of application for certificates already submittedtocarry outprocedures of registration for landuse righttransactions. Forcaseseligible forthegrant ofcertificates, land use right registration offices shall carry out procedures forthegrantofcertificates togetherwith the procedures for registration of land use right transactions. 3.Forcomplete andvaliddossiers ofapplication for certificates submitted afterNovember I, 2007, if no certificate is granted within the time limit prescribed by law, causing obstacles to the exercise oflandusers'rights, thedossier submittersmaylodge complaints to theheadsof agencies of the cadresor civilservants whodelaythe grantofcertificate. The heads of agencies having cadres or civil servants about whom complaints are lodged shall consider andhandle thecasesundertheprovisions ofArticles 175,176 and 177ofDecree No. 181/2004IND-CP. XII. ORGANIZATION OF IMPLEMENTATION I. This Circular takes effect IS days after its publication in "CONG BAO," 2. Provincial/municipal People's Committees shall direct the implementation of this Circular. Difficulties arisingin the courseof implementation should be reported to the Ministry of Natural Resources and Environment for settlement. Minister ofNatural Resources and Environment MAl AI TRUe © VIETNAM LAW & LEGAL FORUM