Decree No.60/cp on the Right of Property on Premises and Land Use Right

Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Decree No.60/cp On The Right Of Property On Premises And Land Use Right THE GOVERNMENT THE SOCIALIST REPUBLIC OF VIETNAM No. 60/CP Independence-Freedom-Happiness Hanoi,5th July, 1994. DECREE OF THE GOVERNMENT ON RESIDENTIAL HOUSE TITLE AND RESIDENTIAL LAND USE RIGHT IN URBAN AREAS THE GOVERNMENT Pursuant to the Law on Organization of the Government of September 30, 1992. Pursuant to the Land Law of July 14, 1993. Pursuant to the Ordinance on Residential Houses of March 26, 1991. At the proposals of the Minister of Construction, the Minister of Finance and the Director-General of the General Cadastral department. DECREES Chapter I Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] GENERAL PROVISIONS Article 1 The State recognizes and protects the lawful title to residential houses and lawful right to the use of residential land. Residential houses and residential land regulated by this Decree consist of: 1/ Residential houses each occupied by a single family household or shared by a number of family households. 2/ Land in the inner areas of cities, provincial capitals and provincial towns is used for building residential houses and other projects in service of residential needs and forming part of residential premises (if any), in accordance with plans approved by the competent State Agencies. Article 2 Residential houses are divided into three forms of ownership: 1. Residential houses under State ownership. 2. Residential houses owned by political, social and economic organizations. 3. Residential houses under private ownership. Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Article 3: All residential houses and land must be registered. The lawful owners are issued the certificate of residential house title and residential land use right. The certificates of residential house title and residential land use right issued thereunder shall replace other legal documents evidencing ownership of residential houses and right to residential land use issued prior to the promulgation of this Decree. Article 4: The State does not admit the claiming back of residential houses currently under State management as a result of implementation in the past of the socialist transformation policy vis-à-vis land and property. The State does not admit the claiming back of residential land which in the past was allotted to other users by the State as a result of implementation of policies of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the State of the Socialist Republic of Vietnam. Chapter II FORMS OF RESIDENTIAL HOUSE OWNERSHIP Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Article 5: Residential houses under State ownership consist of: 1/ Residential houses built with funds allocated from the State budget (both central and local budgets) or originating from the State budget. 2/ Residential houses originating from other forms of ownership but converted to State ownership due to the rule of law. 3/ Residential houses referred to in Clause 1 of this Article are partly funded from contributions by individuals and/ or collectives under hire-purchase arrangements or contracts but their costs have not yet been paid off. Article 6: Residential houses owned by political, social and economic organizations consist of: 1/ Residential houses created with funds mobilized by those organizations themselves. 2/ Residential houses lawfully presented as gifts from other organizations or individuals Article 7: Residential houses under private ownership is created by building, Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] buying, inheritance, or owned by other legal forms. Chapter III REGISTRATION AND ISSUE OF CERTIFICATES OF RESIDENTIAL HOUSE TITLE AND RESIDENTIAL LAND USE RIGHT Article 8: Residential houses and residential land must be registered with the People's Committee of the urban ward and provincial town. The form for registration of residential houses and residential land is set out in Annex 1 attached to this Decree. Article 9: The persons obliged to register residential houses and residential land are owners of such residential houses. In other cases, the existing users of such properties are obliged to have them registered. Article 10: Consideration for issue of certificates of residential house title and residential land use right in the inner areas of cities, provincial capital and towns is stipulated as follows: 1/ In case house owners are in possession of proper documents issued by the competent authorities of the State of the Democratic Republic Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam, they shall be issued certificates of residential house title and residential land use right. 2/ In case house owners are in possession of proper documents issued by the competent authorities of the old regimes, and if their houses and land thereunder are not disputed, neither were they allotted to other users as a result of implementation of policies of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam, then such owners shall be considered for grant of certificates of residential house title and residential land use right. 3/ In case house owners have no or insufficient proper documents prior to the promulgation of this Decree. a. House owners have no proper documents at all: a1/ In case residential houses and residential land are in conformity with planning and not disputed, the house owners are considered for issue of certificates of residential house title and residential land use right. Such house owners shall have to pay land use fees upon issue of such certificates. a2/ In the case of residential houses built on land sites not planned for residential purpose, their owners shall not be granted certificates of residential house title and residential land use Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] right. They shall have to implement warrants for vacant possession of such premises and recovery of land of the State. b. If house owners are in possession of proper documentary evidences of their land use right while they have built their houses without proper licenses, but on the other hand their residential houses and land are currently in conformity with planning and not disputed, then they are considered for grant of certificates of residential house title and residential land use right. c.If house owners in possession of building licenses build their houses on plots of land conforming to residential land planning but without proper documentary evidences of land use right, then, in the absence of dispute, they shall be considered for grant of certificates of residential house title and residential land use right in connection with such houses. Such house owners shall have to pay residential land use fee. d. In all cases of dispute, the issue of certificates of residential house title and residential land use right is considered only after the matters in dispute have been settled in accordance with law. Article 11: A set of documents in application for issue of a certificate of residential house title and residential land use right is stipulated as follows: Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] 1/ A form of application for issue of certificate of residential house title and residential land use right. This form is provided in Annex 2 attached to this Decree. 2/ Proper papers related to the house and land in question, consisting of: a. A land allotment decision and a house-building license or other papers certifying the applicant's title to the house and land use right issued by the competent State authorities in regard to such cases as referred to in Clause 1, Article 10, of this Decree. b. The title-deed to the house and land or other proper documents in regard to such cases as referred to in Clause 2, Article 10, of this Decree. c. With respect to such cases as referred to in Point al of Clause 3, Article 10, of this Decree, the applicant shall have to seek written comments from the People's Committee of the local urban ward or provincial town certifying that he/she is the creator of the house and a relevant certificate of the competent planning management authorities. d. Regarding such cases as referred to in Point b of Clause 3, Article 10, of this Decree, the applicant shall have to produce a land allotment decision and a relevant certificate of the competent planning management authorities. e. As regards such cases mentioned in Point c of Clause 3, Article 10, Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] of this Decree, the applicant shall have to attach there to a building license of the competent agency. In case the applicant is not the owner of the papers mentioned in this Clause, his/her application must be attached with such other proper documents related to the house as: purchase-deed, deed of gift or other documentary evidences of his/her possession of the house by inheritance or due to a house-sharing process. The applicant shall be issued such certificate after fulfilling his/her house owner's obligation and paying the conveyance fee as stipulated by law. Article 12: The certificates of residential house title and residential land use right in the inner areas of cities, provincial capital and towns are issued by the People's Committees of the provinces and centrally-ruled cities (hereinafter referred to as the provincial level). Article 13: The housing and land administration and the Cadastral authorities shall assist the provincial-level People's Committee in organizing the implementation of registration, consideration and issue of certificates, original documentation and management of residential house ownership and residential land utilization. Article 14: Not later than 60 days, as from the date of receipt of sufficient Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] proper documents, the provincial-level People's Committee shall issue certificate of residential house title and residential land use right to the applicant. In the case of non-issue of such documents, the reason(s) must be notified to the applicant. Article 15: The certificate of residential house title and residential land use right is done in two copies. One copy is issued to the owner and the other kept on file at the issuing authority. Article 16: The issue of certificates of residential house title and residential land use right is stipulated as under: 1/ In regard to private residential houses, such documents are issued to the house owners. 2/ Regarding residential houses owned by political, social and economic organizations, such documents are issued to those organizations. 3/ As regards residential houses under State ownership, they are issued to the offices and/or organizations in charge of such houses. 4/ With respect to common houses each shared by a number of owners, each owner is issued a certificate to the part of floor space under his/her separate ownership. Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] The registration and utilization of individually-owned parts of a common house as well as the technical infrastructure and common residential land therein must comply with the stipulations for administration of common residential houses promulgated by the Ministry of Construction and the General Cadastral Department. 5/ In the case of any multi-owner residential house, in the absence of a house-sharing deed signed by all the co-owners, the title-deed there of shall bear the names of all the co-owners with each of them holding one copy. A form of certificate of residential house title and residential land use right is set out in Annex 3 attached to this Decree. Article 17: The house owner shall be delivered the certificate of residential house title and residential land use right after having paid a fee charged on the issue of certificates in accordance with an inter-ministerial stipulation of the Ministry of Finance, the Ministry of Construction and the General Cadastral Department. With regards to such cases referred to in Points a1 and c, Article 10, of this Decree, the certificates are issued only after the land use fee has been paid up to the level stipulated by the Ministry of Finance. In case permission is issued for a residential house to be modified in terms of scale and structure, the house owner after having completed such modifications shall have to make additional registration with the Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] authorities which issues the certificate. In the case of splitting a plot of residential land or merging two plots of residential land, permission must be obtained for such activities and the competent authorities concerned must be approached for the issue of certificates to the new owners in split case or cancellation of the certificate of the old owner in merger case. Chapter IV RESIDENTIAL HOUSE TILE AND RESIDENTIAL LAND LEASEHOLD OF INDIVIDUAL FOREIGNERS SETTLING IN VIETNAM Article 18: Any individual foreigner settling in Vietnam is permitted to own a residential house for himself/herself and his/her family members in a plot of land on lease from the Vietnamese State during his/her settlement in Vietnam, unless otherwise stipulated by the international treaties which Vietnam has signed, acceded to or agreed upon with the governments of other countries and international organizations. Article 19: Individual foreigners settling in Vietnam are issued certificates of residential house title if they: Buy residential houses of Vietnamese State-owned enterprises Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] specializing in property business. Build residential houses on their own under license of the competent State authorities. Inherit residential houses in accordance with Vietnamese law. Their purchase, building and inheritance of residential houses, and leasehold of residential land must conform to the provisions of Vietnamese law. Article 20: A set of documents in application for residential house title-deed and certificate of residential land use right consists of: 1/ A form of application for certificate of residential house title and leasehold residential land use right (this form is provided in Annex 4 attached to this Decree). 2/ Document(s) of the Vietnamese State permitting settlement in Vietnam. 3/ Building license, notarized house conveyance or lawful document evidencing inheritance. 4/ Land lease. Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] 5/ True copy of the Cadastral survey showing the plot of land of the premises on a 1/200 scale. Such documents are prepared in the Vietnamese language and submitted to the provincial-level People's Committee. The certificate of residential house title and leasehold residential land use right is issued by the provincial-level People's Committee. A form of such certificates issued to individual foreigners settling in Vietnam is set out in Annex attached to this Decree. Article 21: A house owner who is an individual foreigner settling in Vietnam is entitled to using, selling, giving as a gift and passing by inheritance his/her residential house in accordance with Vietnamese law, and is obliged to register his/her residential house title with the provincial-level People's Committee pay all taxes and fees in accordance with law. Article 22: In case a foreigner terminates his/her settlement in Vietnam without exercising his/her rights set out in Article 21 of this Decree, after 90 days as from the date of his/her departure from Vietnam, the certificate of his/her residential house title shall automatically become invalid and the Vietnamese State shall exercise the right of management and utilization as stipulated by Vietnamese law. Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Chapter V SETTLEMENT OF DISPUTES, VIOLATIONS AND PENALTIES Article 23: Disputes over residential house title and residential land use right are subject to settlement by the People's Court. Article 24: Illegal residential house occupants and those who encroach upon other's residential house title and residential land use right or commit other acts of offense against law with respect to residential houses and land shall, subject to the seriousness of their offenses, be given administrative penalties or prosecuted for criminal liability. Those who misuse their positions and/or powers to obtain selfish interests or who due to other individual motives juggle the figures related to house and land registration or issue certificates of residential house title and residential land use right contrary to law shall, subject to the seriousness of their offenses, be subjected to disciplinary actions or prosecuted for criminal liability. In case material loss is caused, compensation is compulsory. Chapter VI Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] PROVISIONS OF IMPLEMENTATION Article 25: This Decree takes effect as from the date of its signing. Article 26: The Minister of Construction, the Minister of Finance and the Director-General of the General Cadastral Department, subject to the terms of reference of their respective branches, are responsible to guide and inspect the implementation of this Decree. The Chairmen of the People's Committees of the provinces and centrally-ruled cities direct the People's Committees of urban precincts, districts and provincial towns and the housing and land management authorities in organizing the implementation of this Decree. Article 27: The ministers, the head of the ministerial -level offices, the heads of the Government's departments, the Chairmen of the People's Committees of the provinces and centrally-ruled cities, and the owners of residential houses are responsible for implementing this Decree. ANNEX 1: THE SOCIALIST REPUBLIC OF VIETNAM Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Independence-Freedom-Happiness APPLICATION FOR RESIDENTIAL HOUSE TITLE AND LEASEHOLD RESIDENTIAL LAND USE RIGHT OF INDIVIDUAL FOREIGNER TO: The People's Committee of My name is: ,Year of birth: Nationality: Holder of a Permit issued by the Vietnamese for State my settlement in Vietnam No: , Date of issue: I hereby apply for the issue of a CERTIFICATE OF RESIDENTIAL HOUSE TITLE AND LEASEHOLD RESIDENTIAL LAND USE RIGHT as under: Residential House: - Area of utility space: m2 Address: Attached herewith are the following documents: Land Lease No: , Dated: Building License No: , Dated: House Conveyance-Deed No: , Dated: Title-deed whereby Holder's Name shall be transferred: Certificate of Inheritance: Certificate of Right to Receive Gift: Ground-Plan of Residential Land/Residential House: I hereby certify that the foregoing statements made by me are true and Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] promise to ensure every conditions for field staff of the authorities to re inspect and re-measure the house. date: month: year: Signature of Applicant: ANNEX 2: THE SOCIALIST REPUBLIC OF VIETNAM Independence-Freedom-Happiness Code number: Original file No: CERTIFICATE OF RESIDENTIAL HOUSE TITLE AND LEASEHOLD RESIDENTIAL LAND USE RIGHT OF INDIVIDUAL FOREIGNER SETTLING IN VIETNAM Mr./Ms. whose name is listed in Section I is the Residential House Owner and Leasehold Residential Land User Section I - Residential House Owner and Leasehold Residential Land User Section II - Status of Residential House and Residential Land a/ Residential House: b/ Residential Land: Address: Plot of land No: Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Total area of utility space: m2 Cadastral survey No: Area of constructed space: m2 Area: m2 House structure: Forms of utilization: Private Number of floor: Common c/ Drawing and Plan: Date: month: year: FOR THE PEOPLE'S COMMITTEE OF Entry in House and Land Register No: Province (City): Date: month: year: Mr./Ms., as owner(s) of residential house, is(are) entitled to using, selling, giving as gift and passing by inheritance in accordance with the relevant provisions of Vietnamese law, and is(are) obliged to register his/her/their residential house title with the local Provincial People's Committee (or centrally-ruled City), pay all taxes and fees as stipulated by law. In case Mr./Ms. as owner(s) of residential house terminate(s) his/her/their settlement in Vietnam without exercising the foregoing rights, after 90 days as from the date of his/her/their departure from Vietnam, the certificate of his/her/their residential house title shall automatically become invalid and the Vietnamese State shall exercise the right of management and utilization as stipulated by Legal document: 60/CP file:///D/HTML/vie23475.htm[16.01.2025 12:15:52] Vietnamese law.