Circular No. 16/2011/TT-BTNMT amending and supplementing a number of provisions concerning land-related administrative procedures

34 Issue nos 03·04/June 2011 (Gong BaG nos 363-364/June 12. 2011) TliE MINISTRY or NATURAl, RESOURCES AND ENVIRONMI:NT Circular No. 16/2011/TT-BTNMT of May 20, 2011, amending and supplementing a number of provisions concerning land-related administra tive procedures Pursuant to the November 26, 2003 Land Law; Pursuant t o t h e I un e 79, 2(J()9 Law Amending and Supplementing a Number of Articles of' the Laws concerning capital construction investment; Pursuant to the Government's Decree No. 18112004/ND-CP of Octoher 29,2004,011 the implementation of the Land Law, Pursuant to the Government's Decree No. 8412007/ND-CP ofMay 25,2007, additionally providing the grant of land use right certificates, land recovery, order and procedures for compensation, SUppOrT and resettlement upon land recovery by the State, and settlement a/land-related complaints; Pursuant to the Government's Decree No. 88/2009/ND-CP of October 19, 2009, Oil the grant of land use right or house and land attached asset ownership certificates; Pursuant to the Government's Resolution No. 56/NQ-CP of December i5, 20/0, Oil the simplification of administrative procedures under the Natural Resources and Environment Ministry's management; Issu~-.ROS O.~/June 2011 (CongBaa nos 363-364/June 12, 2011) Pursuant to the Government \' Decree No. 25/2008/ND-CP ofMarch 4,2008, defining the [unctions, tasks, powers and organ icationa! structure ofthe Ministry ofNatural Resources and Environment; and the Government's Decree No. 19/20lO/ND-CP ofMarch 5,2010, amending and supplementing Points C, d. g, h and i, Clause 5, Article 2 of the Government's Decree No. 2512008/ND-CP ofMarch 4, 2008, defining the [un ct ions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment, The Ministry of Natural Resources and Environment amends and supplements a number ofprovisions concerning land-related admintst rative procedures as follows: Chapter I GENERAL PROVISIONS Article I. Scope of regulation This Circular amends and supplements a number ofprovisions concerning procedures for the grant of land use right or house and land attached asset ownership certificates (below referred to as certificates); re-grant of certificates due to loss; registration of changes in land use and land-attached asspls; rp:gistration of transfer, inheritance, donation, lease, sublease, mortgage, or contribution of land use rights or land-attached assets as capital; grant of certificates in case of separation or consolidation of lund lots; lund use extension; change of land use purposes; and re-allocation and rent of land in hi-tech parks and economic zones. 35 Article 2. Subjects of application I. State management agencies; specialized agencies in charge of natural resources and environment and other related agencies; and cadastral officers of communes, wards and townships. 2. Lund users, house and Innd-ut~dasset owners, and other related organi~ons and individuals. Chapter 11 AMENDMENTS AND SUPPLEMENTATIONS Article 3. Additional provisions tmthe time limit for completing procedures for di grant of certificates and registration of cha~s in land and land-attached assets ..• ~'.... 1. The time limit for completin~rtificate grant procedures under Clause 1, A Ie 12 of ~ the Government's Decree No. 88/2Q09/ND-CP of October 19, 2009, on the grant ~Jand use right or house and land-attacUd asset ownership certificates (below refttafed to as Decree No. 88/2009/ND-CP) for nwseholds, individuals, communities and"'everseas Vietnamese allowed to own homes fuVietnam, is specified as follows: .,'" aJ Ten (10) working days afte1=itceiving complete and valid dossiers, excluding the time for publicizing verification results, for jobs done at People's Committees of communes, wards or townships (below referred to as commune level People's Committees); b/ Fifteen (15) working days after receiving complete and valid dossiers, for jobs done at 38 OFFICIAL GAZETTe Issue nos 03-04lJune 2011 (Gong Rio nOs 363-364/June 12, 2011) land use right registration offices under district level Natural Resources and Environment Divisions. In case certificate application dossiers are submitted at land use right registration offices under district-level Natural Resources and Environment Divisions, the time limit specified at this Point excludes the time for sen~ the dossiers to commune-level Peoples Committees for verification, "". certification and publicizatinn under Point a of thisCla~ ~ cI Fi~(5) working days after receiving-opinion~lecting cards from land use right registra~ offices, for jobs done at state rnanage~t agencies in charge of housing, COl1Struc~or agriculture; dI T~ 0) working days after receiving completfflnd valid dossiers, for People's comm.iti of districts, towns or provincial cities ( e ow referred to as district-level People's' mrnittees) to sign certificates, 2.T~me limit for completing certificate grant~~duresunder Clause l , Article 12 of. Decree ~. 88/2009/ND-CP for religious instituttess or establishments, overseas--.. Vietnamese and foreign organi z arions and individum.l.P specified as follows: ....... aI'IW.e.u1y (20) working days after receiving compl~d valid dossiers, for jobs done at land use right registration offices under provincial-level Natural Resources and Environment Departments; bI Five (5) working days after receiving opinion-collecting cards from land use right feglstr;:Jlion offices, for jobs done at state management agencies in charge of housing, construction or agriculture; c/ Three (3) working days after receiving complete and valid dossiers, for People's Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees) or provincia l-l evel Natural Resources and En vironment Departments (when authorized) to sign certificates. 3. When carrying out procedures for separating or consolidating land lots and swapping agricultural land use rights, if a dossier of request for change registration comprises only land use right papers under Clauses 1, 2 and 5, Article 50 of the Land Law, in addition to the time limit for completing procedures specified in Article 19 of Decree No. 8412007/ND-CP and Clause 2, Article 147 of Decree No. I 81/2004/ND-CP, an additional time not exceeding fifteen (15) working days may be allowed for land use right registration offices to verify and certify the conditions for the grant of certificates, 4. In case cadastral surveys are conducted for land lots when carrying out procedures for the grant of certificates or registration of land related changes in places without cadastral maps or due to separation or consolidation of land lots or adjustment of land lot boundaries, the lime limit Cor cadastral surveys is seven (7) workings days after receiving valid dossiers. For mountainous, island, deep-lying or remote areas and when cadastral surveys are required for many land lots, the time limit for such surveys is ten (10) working days. Cadastral surveys must be conducted simultaneously with dossier examination and appraisal at all levels, The time for such surveys must not be included in the • @ VIETNAM LAW &LEGAL FO M Issuenos 03·04fJune 2011 (Cong Baonos 363-3641June 12,2011) OFFICIAL GAZETTE total time for completing procedures for the grant of certificates or registration of land related changes under Clauses 1,2 and 3 of this Article and Article 21 of the Natural Resources and Environml~ntMinistry's Circular No 17/ 2009/TT-BT)lMT of October 21, 2009, providing land use right or house and land attached ownership certificates (below referred to as Circular No. 1712009ffT-BTNMT). Article 4. Detailed provisions on the order and procedures for re-grant of certificates due to loss 1. An applicant for certificate re-grant shall submit vue (l ) dossier :,el tv the land use riglu registration office under the authority competent to grant certificates. A dossier comprises: aJ An application for certificate re-grant; bl Paper evidencing that the applicant has noti fled the loss of the certificate three (3) times within ten (10) days in one of local mass media, tor domestic organizations, foreign organizations, foreigners and overseas Vietnamese. For households and individuals, the commune-level People's Committee's written certification that the notice of the loss has been displayed at its office for fifteen (15) days is required. In case a certificate is lost due to natural disaster or fire, the above evidencing paper or notice is not required hut the commune-level People's Committee's written certification of such natural disaster or fire is required. 2. Dossiers for carrying out procedures for the re-grant of certificates due to loss may only be submitted thirty (.10)days after the first-time notification of the loss or after displaY1ng a notice of the loss or after the commune-level People's Committee signs a written certificatien of the natural disaster or fire under Point b, Clause 1 of this Article. 3. Land use right registration offices shall examine dossiers; submit to competent state agencies for signing decisions to invalidate lost certificates and concurrently sign;:r"and re grating new certificates; and han~over the certificates to the applicants. Article 5. Additional prov-ssons on registration of changes in land u~or land attached assets due to renaming; r~tion of the area of land lots due to naturiRtndslide; changes in right restriction; changes~nancial obligations; changes in constructi~area, use area, number of stories, main strUl$fe, grade (rank) of houses or works; or ;;lange in infonnation on forest ownership u~rArticle 29 of Circular No. 17/2009fIT-B~T ~ 1. Till: papers meutioued at Poia; b, Clause I, Article 29 of Circular No. 17'fjOO9/TT BTNMT are specified as follows: ""~ aJ In case of changes in familOames or given names of individuals or ~usehold representatives. a lawful copy of a,4mpetent state agency's recognition paper is te~uired;. bf In case households ch~e their represenrati ves being household heads, a copy of the household status book is required; in case households change their representatives being other household members, the household's written agreement certified by the commune level People's Committee is required; cl In case of renaming of organizations, a copy of a competent agency's document 38 permitting or recognizing such renaming is required; d/ In case of renaming of a population community, its written agreement certified by the commune-level People's Committee is required; e/ In case of reduction of the area of land lots or reduction of land-attached assets due to naturalltmtlslide, the commune-level People's Commirtees written certification of such landslide-is required; f/ In~e financial obligations indicated as unfulfill~n a certificate have been fulfilled, a docume»ievidencing such fulfillment is ~ .~ required, unless the land user is entitled to :. exemption from or reduction of financial ob liga tions as ~sult of amendments to the land law; g/ In iM:.e of changes in restriction of land use rig~r land-attached asset ownership indicate~n certificates as agreed between persons ~th related interests under law, a written ~ement of such change containing the certi~tion of the commune-level People's Commkjee is required; hi In ~se permission is required under the construction law for changes in the construction or use ar~ number of stories, main structure, grade (r~) of houses or works indicated in certificaeee, 11 copy of a competent agency's cons~ license is required. In case of change in information on pl:mled production forest ownership, the commune level People's Committee's written certification (for households, individuals and population communities) or papers specified in Clauses 5 and 6. Article 10 of Decree No. 88/2009/ND CP (for organizations) is/are required. Issue nos 03·04/June 2011 (Gong Baonos 363-364fJune 12, 2011) if Copies of the papers specified at Points a, b, c and h of this Clause must be certified under law or their originals must be produced for dossier-receiving agencies to examine and compare. 2. In case page 4 of a granted certificate has no place left for certifying changes, the land use right registration office shall revoke this certificate for management and issue a new certificate (with the changed details) for submission to a competent agency for signing, without having to Call y out certificate renewal procedures, and may not request land users or land-attached asset owners to perform any more administrative procedures. Article 6. Additional provisions on submission of certificates when carrying out procedures for registration of conversion, transfer. inheritance, donation, lease or sublease of land use rights or land-attached assets or registration ormortgage or contri bution of land use rights or land-attached assets as capital When carrying out pruc e dure s fVI registration of conversion, transfer, inheritance. donation, lease or sublease of land use rights or land-attached assets or registration of mortgage or contribution of land use rights or land attached assets as capital, If land users or land attached asset owners already possess land use right or house and land-attached asset ownership certificates or house ownership and residential land use right certificates or land use right certificates or house ownership certificates or construction work ownership certificates, they shall submit the originals of such certificates. Issue noS 03·04/June 2011 (Cong Beo nos 363·364/June 12, 2011) Article 7. Detailed provisions on the order and procedures for grant of certificates for recipients of land usc rights or land-attached asset ownership in case of separation or merger of organizations; separation of households or separation of land co-users or land-attached asset co-owners under Article 140 of Decree NO.1 RI12()()4/ND-CP I. A recipient of land usc rights shall submit one (I) dossier set comprising: al A certificate application specified in Circular No. 17/2009fIT-BTNMT; bl The granted land use right or house and land-attached asset ownership certificate or house ownership and residential land use right certificate or land use right certificate or house ownership certificate or construction work ownership certificate, or one of land use right papers specified in Clauses I, 2 and 5, Article 50 of the Land Law and land-attached asset ownership papers specified in Articles 8,9 and 10 uf Decree No. 88/2009/N'-CP (if wishing to have land-attached asset ownership certified); c/ One of the following documents; A competent agency's or organization's decision on the organization separation or merger; household status book, in case of household separation; written agreement of land co-users or asset co-owners on separation of land use rights or land-attached asset ownership. 2. Within seven (7) working day:" after receiving a complete and valid dossier, the land use right registration office shall verify the dossier, certify its legality and conditions for the certificate grant in the certificate application; make an extract of the cadastral map or cadastral 39 survey of the land lot (for localities without cadastral maps), or an extract of the cadastral dossier (in case the certificate has been granted) and print and transfer the certificate to the natural resources and environment agency. In case the certificate application dossier comprises only land use right papers specified in Clauses 1,2 and 5, Article 50 o£.&Ac Land.' Law, an additional time for the lan"-"'-Se right registration office to perform job~:l'lust not exceed fifteen (15) working days. ' i 3. Within three (3) working days after receiving the dossier, the natural res~cesand environment agency shall sign the.certificate (when authorized) or submit the ccft1l1cate to the People's Committee for signing awi transfer to the land use right registration oftf]'. 4. Within three (3) working ~s after receiving the dossier enclosed with'trie signed "'(':'o~' certificate, the land use right registr.n office shall make copies of the certificate f~rchival purpose and sending to a competent state agency for management, for certified lancr:'attached assets; hand over the certificate to t= person who has fulfilled financial obligati~or send it to the commune-level People's Co~itteefor handover, in case doss ier s ale :"uC';nilted in,.. .... communes or townships; and adjust and update changes in cadastral dossiers or databases. Article 8. Additional provisions to be applied when carrying out procedures: for registration of or asking for change of land use purposes under Articles 133 and 134 of Decree No. 18l/2004/ND-CP 1. Upon change of land use purposes, if land users already possess land use right or house OFFICIAL GAZETTE Issue nos03-D4/Juoe 2011 (Gong Baonos 363·364/June 12, 2011) and land-attached asset ownership cern ticates or bouse ownership and residential land use right certi ficates or land use right certi ficates, ti:u;y shall submit the originals of such ceitificates . 2. Upon change of land use purposes, if land use.... possess one of the land use right papers speetfic~ Clauses 1, 2 and 5, Article SU of the Lan~aw (they have not yet been granted ¢ertifkate»), in addition to the jobs specified at Pointa,~ause 3, Article 133 or Clauses 2 and 3~~1~4 of Decree No. 18112004/ND-CP, tft~ lan~se right registration office sail ~,anUn~e certificate grant conditions for s\.lbwts~ to a competent agency for grant of ~ate~with new land use purposes. ArtiEij 9. Additronal provisions to be app1ie~en carrying out procedures for rc allnc.Mier lease: of land in hi-tech parks or econom~onesunder Article 128 of Decree No. 18 1S04/ND-CP 'Pro~ial-Ievel Natural Resources and ~~2tntDepartments shall sign certificates (when a~rized)or submit to provincial-level PeapJe~mmitleesfor signing certificates for ~~iQns re-allocated or leased land by hi tech parJC:m.#conomiczone management boards. Chapter III ORGANIZATION OF IMPLEMENTATION Article 10. Effect 1. This Circular takes effect on July S, 20J 1. 2. To annul the following provisions: aI To annul commune-level People's Committees' certification in the form of application lor allocation 01 land for construction of houses (form No. 02/DD) enclosed with Circular No. 09!2007/TTBTNMT; bl To replace the form of application for change ofland use purposes (form No. J l/DK), form of declaration of registration of change of land use purposes (form No. 12/DK) and form of application for land use extension (form No. 13/DK) , enclosed with Circular No. 09/20071 TT-HTNMT, with the: form of appl icarion for registration of changes in land use rights or house and land-attached asset ownership (form No. 03/QK-GCN) enclosed with Circular No. J712009fIT-BTN MT, added with the content: "ITI - Opinions of the natural resources and environment agency", for use in case permission is required for change of land use purposes and in case of land use extension; c/ To remove the phrase "Additional page" in Clause 3, Article 4 of the Natural Resources and Environment Ministry's Circular No. 201 2010/TT-BTNMT of October 22, 2010, additionally providing land use right or house and land-attached asset ownership certificates. Article 11. Implementation responsibility 1. Chairpersons of provincial-level People's Committees shall direct the implementation of this Circular in their localities and review and annul local regulations which are contrary to this Circular. 2. Directors of provincial-level Natural Resources and Environment Departments shall organize the implementation of this Circular in localities under this Circular. Any problems arising in the course of implementation should be promptly reported to '.. .. Issue nos03-U4IJune 201j (Cong Baa nos 363-364/June 12, 2011) the Ministry or Natural Resources and Environment for consideration and scttlemcllt.' For the Minister of Natural Resources and Environment Deputy Minister NGUYEN MANH HIEN , e VIETNAM ~W & L~GAL 1=0 UM 41