Decree No. 88/2009/ND-CP on grant of certificates of land use rights and house and land-attached asset ownership

OFFICIAL GAZETTE Issue nos 10·1210ctober 2009 (Cong Bao nos 497·49810ctoOOr 30, 2009) THE GOVERNMENT Decree No. 88J20091ND-CP of October 1'~ 2(}09, on grant of certificates of land use rights and house and land-attached asset ownership THE GOVERNMENT PtrrstIQflt to the December 25, 200] Law on Organization of the Government; PUTSJJ.(};J1t to the November 26, 2003 Land lAw; purslXlnt to the November 26, 2003 Construciion Law; Pursuant to the December 3, 2004 Law all Forest Protection and Development: PurSUOJlt to the June 14, 2005 Civil Code; Pursuant to the November 29, 2005 Housing Law; Pursuant to the June 18, 2009LawAmending and Sftpplementing Article J26 of the Housing Lowalld Article 121 of the Land Law; Pursuant to the June 19,2009 Law Amending ami$;.gJpiemenring a Number ofArticles ofLaw~ cmwernin£; capital construction investment; At the proposal of the Minister of Natural ReS(Ntc($' and Environment, DECREES; Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree prescribes the grant of certificates of land use rights and house and land-attached asset ownership (below referred to as certificates); conditions on authurized gram of certificates; and dossiers, order and procedures for grant of certificates. Article 2. Subjects of application 1. State management agencies in charge of natural resources and environment; houses and construction works; and agriculture. and other concerned state management agencies. 2. Land users, owners of houses and other land-attached assets and concerned organizations and individuals. Article 3. Principles for grant of certificates 1. Certificates shall be granted to persons with rights to use land and own houses and other land attached assets for each land lot. A user of different agricultural land lots under annual crops and for aquaculture and salt making in the same commune, ward or township who applies for certificates shall be granted a single certificate fur all these land lots. 2. Different users of a land lot and different owners of a house and other assets attached to this land lot shall be each granted a certificate. 3. Certificates shall be granted to applicants after they have fulfilled their financial obligations related to grant of certificates. except cases of exemption or delayed payment under law. For cases of land lease by the State, certificates shall be granted after land users sign land rent contracts and fulfill their financial obligations under the signed contracts, Article 4. Houses and other land-attached assets eligible for certification of ownership 1. House and land-attached asset ownership • -. f" VIETNAM LAW & LEGAL FORUM Issue nos1D-1210ctlDber 2009 (Gong Bao nos 497-498/October 30, 2009) OFFICIAL GAZETTE may only be certified for land lots eligible for certification of land use rights under law. 2. Domestic organizations, households and individuals; communities; overseas Vietnamese; and foreign organizations and individuals that lawfully own houses and other land-attached assets (below referred to as land-attached assets), which include houses, construction works, perennials and planted production forests, may have their ownership certified in certificates. Article 5. Conditions on authorized grant of certificates Provincial-level People's Committees may authorize provincial-level Natural Resources and Environment Departments to grant certificates affixed with stamps of provincial-level Natural Resources and Environment Departments to domestic organizations, religious institutions, overseas Vietnamese and foreign organizations and individuals when the following conditions are met: 1.Aland use right registry under a provincial level Natural Resources and Environment Department has been established; 2. This registry has an organizational apparatus, professional staff, material foundations and technical equipment meeting the requirements for grant of certificates. Article 6. Contents of a certificate A certificate contains the following major details: 1. National name, national emblem and certificate title "Certificate ofland use rights and house and land-attached asset ownership"; 2. Name of land user and owner of house and other land-attached assets; 3. Land lot. house and other land-attached assets; 4. The plan of the land lot, house and other land-attached assets; 5. Changes after grant of the certificate. Chapter II CASES ELIGIBLE FOR GRANT OF CERTIFICATES Article 7. Certification of land use rights Land users falling into one of the CCLSCli specified in Clauses 1,2,3,4,5,6,7> 8 and 9, Ankle 49 of the Land Law may have their land use rights certified. Article 8. Certification of house ownership House owners may have their house ownership certified if they are eligible to own houses in Vietnam under the housing law and possess the following papers evidencing the lawful establishment of their houses. I. Domestic households and individuals must possess one of the following papers: a/ House construction permits for cases subject to construction licensing under the construction law; bl State-owned house sale and putChase contracts under the Government's Decree No. 611CP of July 5. 1994, on house sale. purcbase and trading, or papers on liquidation or pricing of state owned houses before July 5, 1994; cl Papers on handover or donation of houses of gratitude, compassion or great unity; dl House ownership papers granted by competent authorities during periods in which those houses and land were not under public ownership as determined by the State under the (c: VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos1O·1210ctober 2009 (Gong Baa nos 497·498/0clo!Jer 30, 2009) Xph National Assembly's Resolution No. 231 2OO3IQHll of November 26, 2003, on houses and land already managed by and used under the arrangement of the State during the implementation of house and land management policies and socialist transformation policies before July 1, 1991, and the National Assembly Standing ~IIllllittee's Resolution Nu. 755120051 NQ-UBTVQHll ofApril 2, 2005,on settlement of some specific cases related to houses and land during the implementation of house and land ~mentpolicies and socialist transformation policies before July 1, 1991; eI Paper on sale and purchase or receipt as donation or inheritance or exchange of houses, which are certified by notary public offices or PeopJe's Committees under law. For houses purchased, donated, exchanged, il"Iherited or otherwise acquired under law from the effective date of the Housing T.aw, papers on respecrivejransaction under Article 93 of the Housing Law are required. For houses purchased from construction investors Tor sale, house sale and purchase con~ts between the two parties are required. Foreases of purchasing houses from July 1, 2006 (the effective date of the Housing Law), apart from house sale and purchase contracts, house .selkt:s must possess one of the papers on investment projects to hui ld houses for sale (project approval decisions or investment decisions, or investment licenses or certificates); fl Effective judgments or rulings of people's courts or papers of competent state authorities (JIft entitlement to house ownership; g/ When an applicant for a house ownership certi fication possesses one ofthe papers specified ar Points a, b, c, d, e and f of this Clause, which indicates the name of another person, he/she must possess one of the papers on sale and purchase, receipt as donation or inheritance or exchange of houses before July 1, 2006, signed by the involved parties and certified by commune-level People's Committees. Houses purchased, recei ved as donation or inheritance or exchanged before July 1, 2006, without supporting papers signed by the involved parties must have the time of their purchase, receipt as donation or inheritance, or exchange certified by commune level People's Committees; hi Domestic individuals that fail to possess one of the papers specified at POiUlS a, b, 4,;, d, e and f of this Clause must possess commune level People's Committees' written certifications of houses built before July 1, 2006, houses free from dispute, or houses built before the adoption of land usc planning and construction planning or built in conformity with land use planning, detailed urban construction planning and rural residential area planning under law. For houses built from July 1, 2006, there must be commune-level People's Committees' written certifications that those houses are not subject to construction licensing, are dispute-free and meet planning conditions like houses built before July 1,2006. 2. Overseas Vietnamese must possess the following papers: aJ Papers on sale and purchase, receipt as donation or inheritance, or other forms of ownership of houses under the housing law; b/ One of the papers of the ownership transferor specified in Clauses I and 3 of this Article. 3. Domestic organizations and overseas Vietnamese implementing investment projects and foreign organizations and individuals must possess the following papers: ,g; VIETNAM LAW & LEGAL FORUM Issue nos1o-12/0ctober2009 (Gong Baa nos 497-49810ctober 30, 2009) OFFICIAL GAZETTE aJFor cases of buildinghouses for lease:One of the papers on projects to build houses for lease (project approval decisi ous or i II vestment decisions, or investment licensesor certificates); bl For cases of purchase, receipt asdonation or inheritance, or other forms of lawful ownership, of houses: paperson such transaction under the housing law. 4.A house owner whois not concurrently the land user, must possess, apart from the papers proving the house ownership under Clauses 1,2 and3 of thisArticle,a landrentcontractor capital contribution contract or business cooperation contract or the land user's written approval of house construction notarized or certified under law and copies of land use right papers under the land law are required. Article 9. Certification of construction work ownership Domestic households and individuals, communities, overseas Vietnamese, foreigners and domesticandforeignorganizations mayhave their construction work ownership certified according to the following regulations: 1. Domestic households and individuals and communities must possess one at the following papers: a/ Work construction permits. for cases subject to construction licensing under the construction law; bf Papers on construction work ownership granted by competent authorities in different periods, unless these works are managed by, or used under the arrangement of, the State; cl Papers on sale and purchase, donation or inheritance of construction works under law, which are certified by notary public offices or People's Committees; dI Legally effective papers on entitlement to construction work ownership issued by people'1 courts or competent state agencies; ef When an applicant for a constructionwork ownership certification possesses one of the papers specified at Points a, b, c and d of this Clause, which indicates the name of another person, he/she must possess one of the papers on sale and purchase, donation, excllaIJIet or inheritance of construction works bei'rtte July 1, 2004, (theeffectivedate of theConstnrction Law) signed by the involved parties and certlfiodby the People's Committee of commune or higher level. Construction works purchased. received as donation or inheritance or exchanged before July 1, 2004, without supporting papers lligned by the involved parties must have the time of theirpurchase, receiptas donationor irmeritance, or exchange certified in applications for certificates by commune-level People's Committees; ff Domestic individuals that fail ttl possess one of the papers specified at Points a, b, c and d of this Clause must possess commune-level People's Committees' written certificeoons that construction works were built before July 1, 2004, are free from disputes and built before. the adoption of land use planning and ccm$trnction planning or built in conformity with land use planning and construction planning. For constructionworks built from July 1, lOO4, there must be commune-level People's Committees' written certifications that those construction works are not subject to construction licensing, aredispute-freeand meet conditionson planning like works built before July 1, 2004. 2. Domestic organizations, foreign organizations and individuals. and overseas Vietnamese must possess the following papers: (c;' VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos10-12JOctober 2009 (Gong Bao nos 497-49810ctober 30,2009) aJ For cases of building construction works tbroo&f'1 new construction investment under law. project approval decisions or project investment decisions, investment licenses or certificates, or construction permits granted by competent authorities and papers on land use rights under the land law or land rent contracts with land users to use land for work construction purposes; bIFor cases of acquiring construction works through purchase, receipt as donation or inheritance, or other lawful forms, papers on such transaction under law. r;J For cases of unavailability of one of the p.iperS specified at Points a and b of this Clause, there must be provincial-level construction management agencies' written certifications that construction works existed before the adoption of cOAStruc1ion planning but still conform with approved construction planning, are free from disputes ll'I'er construction work ownership. 3. A C011struction work owner who is not conoerrently the land user must possess, apart from t1Ie papers evidencing construction work owneahip under Clauses 1 and 2 of this Article, the land user's written approval of work construc tion notarised or certIfied under law and copies of lind UGe right papers under the land law. Article 10. Certification of rights to own planted production forests O~ of planted production forests may have d'reir forest ownership certified if funds for fiJrestation, or payment oftransferred or allocated forests are not of state budget origin and they am produce one of the following papers: 1. Papers on allocation of planted production forests; 2.. Contracts or documents on sale and pun:hase or donation or inheritance of planted production forests certified by notary public offices or commune- or district-level People's Committees under law; 3. Effective judgments or rulings of people's courts or papers of competent state agencies, on entitlement to ownership of planted production forests; 4. Households, individuals or communities without the papers specified in Clauses 1,2 and 3 of this Article that plant production forests with their own funds must have their forest ownership certified by commune-level People's Committees as dispute-free; 5. Domestic organizations that implement production forest plantation projects with funds not of state budget origin must possess production forest plantation project approval decisions, or investment decisions, or investment certificates under the investment law; 6. Foreign organizations and individuals and overseas Vietnamese that implement production forest plantation projects must possess production forest plantation project approval decisions, investment decisions, or investment licenses or certificates under the investment law; 7. An owner of planted production forests who is not concurrently the land user must possess, apart from the papers specified in Clauses 1, 2, 3,4,5 and 6 of this Article, the land user's written approval of land use for forestation notarized or certified under law and copies of land use right papers under the land law. Chapter 1lI DOSSIERS, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES Section 1. RECEIPT OF DOSSIERS AND HANDOVER OF CERTIFICATES Ct; VIETNAM LAW & LEGAL FORUM Issue nos 1G-12fOctober2009 (Gong Baonos 497498l0ctober 30,2009) OFFICIAL GAZETTE Article 11. Places of dossier submission and certificate handover 1.Land usersand land-attached asset owners that are domestic organizations, religious institutions. foreign organizations andindividuals and overseas Vietnamese implementing investment projects shall submit dossiers and receive certificates at land use right registries under provincial-level Natural Resources and Environment Dcpartmerus (below referred to as provincial-levelland use right registries). 2. Land usersand land-attached assetowners being households, individuals and overseas Vietnamese eligible to own houses in Vietnam and communities in wards shall submit dossiers andreceivecertificates at landuserightregistries under district-level Natural Resources and Environment Divisions (below referred to as district-level landuse rightregistries), exceptthe case spp.cifiJ's1 in Article 1R of this Decree. Land users and land-attached asset owners being households, individuals and overseas Vietnamese eligible to own houses in Vietnam and communities in communes or townships shall submit dossiers and receive certificates at district-levellanduse right registriesor People's Committees of communes or townships where land and land-attached assets exist (except the casesspecified inArticles23 and 24 thisDecree). Within twenty(20) daysafterreceiving validand complete dossiers, People's Committees of communes or townships shall perform the jobs sp~citi~d in Articles 14, 1~\ 16 and 17 of this Decreeandtransferdossiersto district-levelland use right registries. 3. When receiving dossiers, land use right registries andPeople'sCommittees ofcommunes and townships shall give receipt slips to dossier submitting persons. Within three (03) working days, theyshallexamine those dossiers andnotify dossier submitting persons in writing of ...-ry necessary supplementation for completion of dossiers. 4. Land users and land-attached asset 0WIIeJ"'i that authorize others to submit dossiers of application for certificates or receive certifwab must possess letters of authorization lll1dDf law. 5. Land use right registries shall mako fme copies (affixed with seals of lana use right registries) of certificatesof rights toownnoo~. construction worksor planted production 1't:IreMs to be sentto statemanagement agencies III chvge of houses, construction work and agncultunt to meet state management requirements of each sector. Article 12. Time limit for completing procedures for grant of certificates The time limit for completing procedures fer grant of certificates from the date of receivirrg complete and valid dossiers is: 1. Fifty (50) workingdays, for gr.mtof new certificates. 2. Thirty (30) working days, for grant « renewed landuserightcertificates withiddMonal certification of land-attached assetowner~ or re-grant of lost certificates. 3. Twenty (20) working days, fOi grant of renewed certificates other than those sped~ in Clause 2 of this Article. 4. The time limits specified in Clauses 1, 2 and 3 of this Article do not include the time for publication of verification results, fulfillIllillint Of financial obligations andcadastral survey of land lots. s. Provincial-level People's Cnmmitteelft'll specify the timeto complete procedures forgrant .r;, VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETIE Issue nos10·12fOctober 2009 (Gong Baonos 497-498/0ctober 30, 2009) of certificates under Clauses 1. 2.3 and 4 of this Nick. Article 13. Submission of papers on land use li&b.ts and house and land-attached asset ownership L When submitting dossiers of application for ceniftoatcs which include the papers specified ioAJ'dtles7, 8,9 and 10 of this Decree, notarized or certified copies under the laws on notarization and certilll:atiOli are allowed. ). Whfn receivingcertificates, grantees shall hand OVer the originals of the papers specified in Articles 7,~, 9 and 10 ofthis Decree to certificate lIanting agencies (except investment project approval decisions, investment decisions and invatm~ licenses or certificates). People's Com rnittees of communes or townships which hand over certificates shall receive the originals of the above papers and send them to district level land use right registries. Section 2. DOSSIERS, ORDER AND PROCEDURES FOR GRANT OF CE]i!J'IFiCATES TO HOUSEHOLDS, (f'lDIV(DUALS, COMMUNITIES AND OVERSEAS VIETNAMESE ELIGIBLE TO OWN HOUSES IN VIETNAM Artidt" 14. Dossiers, order and procedures for.-ant o(certificates for land lots without land attached assets or with land-attached assets not requiring ownership certification or with assets owned by others 1, An applicant for a certificate shall submit one (01) dossier set, which comprises: aJ An application for a certificate; bI One of the papers on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law (if any); cl Copies of papers related to the fulfillment of land-related financial obligations under law (if any), 2. When an applicant for a certificate submits the dossier at the People's Committee of a commune or township, that People's Committee shall perform the following jobs: aJ Verifying and certifying in the application for certificate the state of dispute over land use rights; verifying and certifying the land origin and use time. state of dispute over land use and conformity with approved land use planning and construction planning, for cases without papers on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law. When cadastral maps are unavailable, before performing these jobs, the People's Committee of the commune or township shall notify a district-levelland use right registry for cadastral survey of the land lot; bl Posting up verification results at its office for 15 days; considering and handling opinions on publicized contents; d Sending the dossier to the district-levelland use right registry of the locality where the land exists to perform the jobs specified at Points b, c and d, Clause 3 of this Article. 3.A district-levelland use right registry shall perform the following jobs: a/ Sending dossiers to the commune-level People's Commi ttee for certification and publicizing results as 'prescribed at Points a and b, Clause 2 of this Article for cases of submitting dossiers to district-levelland use right registries; bl Examining dossiers and conducting field verifications when necessary; certifying eligibility or ineligibility for certification of land :C' VIETNAM LAW & LEGAL FORUM Issue nos 10·1210ctober 2009 (Gong Bao nos 497-498/0cfober 30, 2009) OFFICIAL GAZETIe use rights in applications for certificates; c/ Preparing dossiers enclosed with copies of cadastral maps or cadastral survey of land lots (where cadastral maps are unavailable) for district-level Natural Resources and Environment Divisions to submit to People's Committees of the same level for certificate signing or land lease contract signing. for cases of land lease by the State; d/ Handing over certificates to grantees or sending certificates to People's Committees of communes or townships for handover to grantees, for cases of submitting dossiers at communes or townships. Article 15. Dossiers, order and procedures for grant of certificates for cases in which land attached asset owners are not concurrently land users 1. An applicant for a certificate shall submit one (01) dossier set, which comprises: aI An application for a certificate; bl For certification of house ownership, papers on house ownership specified in Clauses 1, 2 and 4. Article 8 of this Decree; for certification of construction work ownership, papers on construction work ownershipspecified in Clauses I and 3, Article 9 of this Decree; for certification of planted production forest ownership, one of the papers on forest ownership specified in Clauses 1,2,3 and 4 and the papers specified in Clause 7, Article 10 of this Decree; cl Copies of papers related to the fulfillment of land-related financial obligations under law (if any). d/ The plan of the house or construction work (unless the papers specified at Point b of this Clause already include the plan of the house or construction work). 2. When an applicant for a certificate~ the dossier at the People's Committee of a commune or township, that People'sCo~ shall perform the following jobs: aJ Verifying and certifying in the application the state of dispute over asset ownership; bl Examining and certifying in the pIIn of the house or construction work (unl~ the ptan of the house or construction work has been certified by an organization having the leg!1 entity status for construction or maPFug;, cI Posting up dossierexamination resub it the office of the People's Commiuee of the commune or township for 15 days; Ulllsidcrirl& and handling opinions on publicized qJntents, dJ Sending the dossier to a district k:vd land use right registry to perform the jobs ~cifiedat Points b, c and d, Clause 3 of this AMle. 3. A district-levelland use right n~gi:;t(j''''1 perform the following jobs: aJ Sending dossiers to the comrnune-jssel People's Committee for certification and publicizing results as prescribed at Points a, ~ and c, Clause 2 of this Article for-cases of submitting dossiers to district-levelland use right regi stries; bl Examining dossiers and conduclirtg" fiehl verification when necessary; certifyinSe+igibility or ineligibility for certification ofasset OWl b"" in applications for certificates. When additional verification of information on conditions for certifying land-attached asset ownership is required, a land use right regdry shan send written requests for opinion to district level management agencies in charge of houses, construction works and agriculture. Within 1M:. (05) working days after receiving written requests (f; VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETIE Issue nos1()..1210ctober 2009 (Gong Bao nos 497·498/0ctober 30, 2009) for opinion. these management agencies shall issuewritten replies to that land use right registry; cl Preparing dossiers enclosed with copies of cadastral maps or cadastral survey of land lots (where cadastral maps are unavailable) for district-level Natural Resources and Environment Divisions to submit to district-level People's Cornsauees for certificate signing; ill Handing over certificates to grantees or sendiDB ~tificates to People's Committees of COOulM.ln~ or townships for handover to grarsees, for cases of submitting dossiers at Co.mnlOntf, or townships. Article 16. Dossiers, order and procedures for grant of certificates to land users being CB'IKLlITenrly owners of houses and construction works 1.An .:.l.pplicant for a certificate shall submit one (01) dossier set, which comprises: aJ An Ilpplication for a certificate; hi One of the papers on land use rights speciffed in Clauses 1, 2 and 5, Article 50 of the l..itOO Law (if any); cl Pafit4s on house ownership specified in Clauses I end 2, Article 8 of this Decree, for assets being houses; dI Paps on construction work ownership under CtM.;e 1, Article 9of this Decree, for assets beiui \:ul~IUL:tiul\ works; e1 Copies of papers related to the fulfillment of financial obligations under law (if any). e/ The plan of the house or construction work (u"dds the papers specified at Points b, c and d of this Clause already includesuch plan). 2. When an applicant for a certificate submits rfte dossier to the People's Committee of a commune or township, that People's Committee shall perform the jobs specified in Clause 2, Article 14, and Clause 2, Article 15, of this Decree. 3. A district-levelland use right registry shall perform the jobs specified in Clause 3, Article 14, and Clause 3. Article 15, of this Decree. Article 17, Dossiers, order nnd procedures for grant of certificates to land users concurrently being owners of planted production forests 1. An applicant for a certificate shall submit one (01) dossier set, which comprises: aI An application for a certificate; bl One of the papers on land use rights specified in Clauses 1.2 and 5. Article 50 of the Land Law (if any); clOne of the papers on forest ownership specified in Clauses 1.2, 3 and 4, Article 10 of this Decree; dJ Copies of papers related to the fulfillment of financial obligations under law (if any). 2. When an applicant for a certificate submits the dossier at the People's Committee of a commune or township, that People's Committee shall perform the jobs specified in Clause 2, Artiele 14, and Clause 2, Article 15, of this Decree. 3. A district-levelland use right registry shall perform the jobs specified in Clause 3, Article 14, and Clause 3, Article 15, of this Decree. Article 18. Dossiers, order and procedures for grant of certificates to transferees of land use rights. house and construction work ownership transferred from construction investors for sale 1. An investor in building houses or construction works for sale shall submit for a transferee one (01) dossier set to a land use right registry under a pruvincial-!evc! Natural Resources and Environment Department, which @ VIETNAM LAW & LEGAL FORUM Issue nos 10·12/0ctQber2009 (Cong BaD nos 497-49810ct0ber 30, 2009) OFFICIAL GAZETTE comprises: aI An application for a certificate; bl The contract on sale and purchase of the house or construction work; cl A copy of the project approval decision, or investment decision, investment license or certificate; dJ A copy of the decision approving the II 500-scale detailed planning of the project (when this copy is unavailable, a copy of the agreement on general plan of the land lot containing houses or construction works IS required); el The land use right certificate or the certificate under this Decree; fl Copies of vouchers on the investor's fulfillment of financial obligations (except cases of exemption or delayed payment under law); gf Copies of vouchers on the transferee's fulfillment of financial obligations (if any); hi The plan of the house and land lot, which is the drawing of the complete work or the design drawing of the work plan suitable to the current status of the house or construction work without re-survey and re-drawing; drawing of the construction plan of the apartment building, for an apartment building, drawing of the floor where the apartment is located and drawing of the apartment floor if the drawing of the floor does not clearly show the size of the apartment; il In localities having had real estate trading floors, for cases of transfer from the effective date of this Decree, papers proving that the transfer is conducted at a real estate trading floor are required. When submitting copies of the papers specified at Points c, d. f and g of this Clause, applicants must produce the originals for examination and comparison by dossier receiving agencies. un less these copies are lawfully notarized or certified. When an investor submits dossiers of application for certificates concurrently f;Qf different owners of houses and construerion works, it shall submit only one (01) copy of the papers specified at Points c. d, e. f and h ofdU Clause and a list of houses. apartments, construction works and other parts under ~ate ownership requested for gram of certificates; 2. A provincial-levelland use rigt!\:~ shall perform the following jobs: a/ Examining legal papers in dossiers, sending written requests for opinions of heusen construction work state management agencies when necessary; within five (05) waking days after receiving written requests for opinions, house and construction work state management agencies shall issue written replies tQ the land U1:>e right registry; bl Examining the land use state, if the lattd use state conforms with approved detailaf construction plan drawings of projects aDd approved drawings on complete works (if any>. adjusting cadastral maps or conducting eaddtaT survey of land lots in localities withoutcadUtnll maps for grant of certificates, When the land use state does not conform with approved the detailed construttion plan drawing of projects and approved drawings on complete work (if any), sending examblarion results to house and construction work: st management agencies for handling under law; cl Sending dossiers enclosed with copj.esof cadastral maps or cadastral survey of Iand rot'S to district-level land use right registries for grant of certificates for cases in which transferees are households, individuals and ovetleb Vietnamese; compiling and submitting dossiers f' VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 1Q.1210ctober 2009 (Gong Bao nos 49749B/October 30, 2009) to provincial-level Natural Resources and Environment Departments for grant of certificates under authorization or submitting to People's Committees of the same level for cemflCate signing for cases in which transferees are domestic organizations and foreign OlgatUations and individuals; certifying changes in eerdfieB:les already granted to transferors. 3. Di~rkt-Ievelland use right registries shall compile dossiers for district-level Natural P.£sClUlC~and Environment Divisions to submit for pant of certificates to house buyers being househo1ds, individuals and overseas 'Vkaame.t; sending certificates to provincial .\teI lane use right registries. 4. Provincial-level land use right registries I "and over certificates to grantees. 5. Wh~l granting certificates to overseas Viltnam~ and foreigners transferred house ownershja in Vietnam, within five (05) working days aft6f banding over these certificates, land use .tMgistries shall make a list of grantees and Sl!\Ild ~ to the Ministry of Natural Resource!'; and fn"'ltronment and the Ministry of COOSlru~on for placing on the ministries' website ftt management. Sec&ion 3. DOSSIERS, ORDER AND P1:DCEDURES FOR GRANT OF C~RTJFlCATESTO DOMESTlC OMrGANlZATIONS, RELIGIOUS INSTITUTlONS AND OVERSEAS VIETNAMESE IMPLEMENTING INVESTMENT PROJECTS AND FOREIGN ORGANIZATIONS AND INDIVIDUALS Article 19. Dossiers, order and procedures for grant ofcertificates for land lots without land atbldIBd assets or with land-attached assets not requiring ownership certification or with assets owned by others 1. An applicant for a certificate shall submit one (01) dossier set, which comprises: aJ An application for a certificate; blA review report on the land use state under Articles 49, 51, 53 and 55 of the Government's Decree No. 181/2004/ND-CP of October 29 2004, on implementation of the Land Law (belo~ referred to as Decree No. 18112004IND-CP); Article 36 of the Government's Decree No. 691 2009/ND-CP of August 13, 2009, additionally prescribing land use planning, land prices, land recovery, compensation, support and resettlement (below referred to as Decree No. 69/2009/ND CP); c/ One of the papers on land use rights under the land law (if any); d/ Copies of papers related to the fulfillment of financial obligations under law (if any). 2. A provincial-level laud use right registry shall perform the following jobs: aI Examining dossiers, determining and certifying eligibility or ineligibility for certification of land use rights in applications for certificates; bl For cases of eligibility for grant of certificates, making copies of cadastral maps or cadastral survey ofland lots for localities without cadastral maps; cl Preparing dossiers enclo~d with copies of cadastral maps or cadastral survey of land lots for provincial-level Natural Resources and Environment Departments to sign certificates under authorization or submit to provincial-level People's Committees for certificate signing and land lease contract signing, for cases of land lease by the State; dJ Handing over certificates to grantees. ,Co VIETNAM LAW & LEGAL FORUM Issue nos 10-1210ctober 2009 (Gong Bao nos 497·4981October 30, 2(09) OFFICIAL GAZETTE n Article 20. Dossiers, order and procedures for certificate for cases in which land-attached asset owners are not concurrently land users 1. An applicant for a certificate shall submit one (01) dossier set, which comprises: aJ An application for a certificate; b/ For certification of house ownership, papers on house ownership specifiedin Clauses 3 and 4. Article 8 of thisDecree; for certification of construction work ownership, papers on construction work ownership specified in Clauses 2 and 3, Article 9 uf this Decree; fur certification of planted production forest ownership, one ofthe paperson forestownership specifiedin Clauses1,2,3,5 and6 andthe papers specified in Clause 7, Article 10 of this Decree; cf Copies of papers related to (he fUlfillment of financial obligations under law (if any). ell The plan of the house or cn.{l.<;tmction work (unless the papers specified at Point b of this Clause already include such plan). 2. A provincial-level land use right registry shall perform the following jobs: a! Examining dossiers and determining and certifying in applications for certificates eligibilityor ineligibility forcertification of land attached asset ownership. When additional verification of information on conditions for certifying land-attached asset ownership is required, the land use right registry shall send written requests for opinion to provincial-level house, construction work and agriculture management agencies. Within five (05) working days after receiving written requests, these management agenciesshall issue written replies to the land use right registry; bl Examining and certifying in plans of houses or construction works(unless theseplans have been certified by an organization with the legal entity status for construction or mapping operations); cl For cases of eligibility for grant of certificates, making copies of cadastral maps or cadastralsurveyof landlotsfor localities without cadastral m(lps; d/ Preparingdossiersenclosedwith copies of cadastral maps for provincial-level Natural ResourcesandEnvironment Departments to sign certificates under authorization or mbmit to provincial-level People's Commlzseesfor certificate signing; ef Handing over certificates to grarxees, Article 21. Dossiers, order and procedures for grant of certificates to land users being concurrently owners of houses and cosstruction works 1. An applicant for a certificate shtil submit one (01) dossier set, which comprises: aI An application for a certificate; bl A review report on current land use status under Articles 49, 51, 53 and 55 of Decree No. 18112004/ND-CP; andArticle 36 of Ilecree No. 6912009/ND-CP; c/ One uf the papers on land use rights under the land law (if any); dI One of the papers on house ownership specified in Clause 3, Article 8 of t/& Deesee, for assets being houses; e/ One of the papers on construction work ownership under Clause 2, Article 9 of this Decree. for assets being construction works': ff The plan of the houseor constructionwork (unless the papers specifiedat Points b, c, d and e of this Clause already include such plan), gl Copies of papers related to the fulfillment \' VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETIE Issue nos1G-12fOctober 2009 (Gong BaD nos 497·498/October 3D, 2009) of financial obligations under law (if any), 2. A provincial-level land use right registry shall perform the jobs specified in Clause 2, Article 19, and Clause 2, Article 20, of this Decree. Article 22. Dossiers, order and procedures for grant or certificates to land users concurrently being owners of planted production forests 1. An spplicant for a certificate shall submit one (Ol) dossier set, which comprises: aI An ~plication for a certificate; bl A review report on current land use status under Articles 49 and 53 of Decree No. 181/20041 ND-CP~ cI One of the papers on land use rights under the land Mw(if any); d1 One of the papers on forest ownership specified in Clauses 1, 2, 3, 5 and 6, Article 10 of this Decree (if any); el Copias of papers related to the fulfillment of financjal obligations under law (if any). 2. A provincial-level land use right registry shall perform the jobs specified in Clause 2, Article l~, and Clause 2, Article 20, of this Decree., Sect/Ull 4. DOSSIERS, ORDER AND PROCEDURES FOR RENEWAL, RE-GRANT OFAND INCLUSION OF ADDITIONAL CERTIFICATION IN CERTIFICATES Article 23. Renewal of and inclusion of additional certification in certificates 1. The renewal of granted certificates in the cases specified at Point 2, Clause 3, Article 4 of th.e Law Amending and Supplementing a Number of Articles of Laws concerning capital construction investment; and the renewal of smeared, blurred, tom or damaged certificates or due to re-survey shall be conducted as follows: at An applicant for renewal of a certificate shall submit an application for certificate renewal enclosed with the certificate granted by a land use right registry of the level competent to grant certificates; bl A land use right registry shall examine dossiers and submit them to competent state agencies for grant of certificates; and hand over certificates to the applicant. 2. An applicant tor renewal of a granted certificate prescribed in Clause 1 of this Article who wishes to have land-attached asset ownership additionally certified shall submit an application for certificate renewal enclosed with the granted certificate together with a dossier of certification of asset ownership for handling under Articles 15 and 20 of this Decree. 3. A land user having obtained a certificate under this Decree who requests for inclusion of additional cenification of land-attached asset ownership in the granted certificate shall submit an application enclosed with the granted certificate together with a dossier ofcertification of asset ownership for handling under Articles 15 and 20 of this Decree. Article 24. Re-grant of lost certificates 1. An applicant for re-grant of a certificate shall submit one (01) dossier set to a land use right registry of the level competent to grant certificates. Such a dossier comprises: aJ An application for re-grant of a certificate; bl Written certification of loss of the certificate by a commune-level police office of the locality where the certificate is lost; ~c' VIFTNAM lAW R. I Ft,AI FORUM Issue nos10·1210etober 2009 (Gong Beo nos 497-498/0ctober 30, 2009) OFFICIAL GAZETIE cl Papers proving the publication of information on loss ofthe certificate on the local mass media (except cases of loss due LU natural disasters or fires), for domestic organizations, foreign organizations and individuals and overseas Vietnamese; written certification of a commune-level People's Committee that the notice on loss of the certificate has been posted up at the office of that People's Committee. 2. A land use right registry shall examine dossiers; and submit them to competent state agencies for signing decisions on cancellation of lost certificates and granting new certificates; and hand over new certificates to applicants. Article 25. Correction and revocation of granted certificates I. When detecting errors In granted certificates, provincial-level Natural Resources and Environment Departments shall correct them, for certificates granted by provincial-level People's Committees; and district-level Natural Resources and Environment Divisions shall make corrections, for certificates granted by district-level People's Committees. 2. Unlawfully granted certificates shall be revoked as follows: aI When all invesuganon or inspection agency issues a written conclusion that a certificate has been granted in contravention of law, the state agency competent to grant such certificate shall consider this conclusion and issue a decision to revoke the granted certificate if findi ng this conclusion correct blA state agency competent to grant certificates which itself checks and detects that a certificate has been granted unlawfully shall notify such in writing to the inspection agency of the same level for verification. District-level inspectorates shall verify certificates granted by district-level People's Committees while provincial..~l inspectorates shall verify certiflcates granted by provincial-level People's Committees or provincial-level Natural Resource! and Environment Departments, When verification concludes that a certificate has been granted unlawfully, the state agency which has~ such certificate shall issue a decision mre'fl:Jke it; cl An organization or citizen that detects an unlawfully granted certificate shall mniry auch in writing to the state agency which h8i~d such certificate. The certificate granting agtl"lCy shall consider and settle it under Point b ofttll Clause. 3. The revocation of granted certificala fur cases other than those specified in t::lause 2, Article 42 of Decree No. 181/Z004/IsD-CP and Clause 2 of this Article may only be conducted when effective judgments or rulings or people's courts are available. Chapter IV ORGANIZATION OF IMPLEMENTATION Article 26. Implementation respOl1SibiAtiu 1. The Ministry of Natural Researces and Environment shall guide the ceruftcadcn Of changes in the execution of rights of, WI change of land users and land-attached asset owners. the certification of perennial tree ownership and other contents for the implementation of thb Decree. 2. The Ministry of Construction and the Ministry of Agriculture and Rural Development shall direct house and construction work or agriculture management agencies in coordinating with natural resources and environmenta~ in granting certificates. © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nas 10·12!Octaber 2009 (Gong Bao nos 497·498/0ctober30, 2009) 3. The Ministry of Agriculture and Rural l:KvelDpmem shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, specifying perennial trees eligible for certification of ownership. 4. Provincial-level People's Committees shall: aI Specifically prescribe mechanisms on coordinatl.'on and information provision between natural r~urces and environment agencies and coesmrction, agriculture and rural development, and ather concerned agencies, and district~ and commune tevel People's Committees in granting eemfica~ and managing dossiers; carry out administrative reforms to ensure simplicity, convenienee, publicity and transparency under tire ate-stop shop mechanism; and direct the acceleration of grant of certificates. bI Take. measures to develop notary public offices ill 'their localities to meet demands for notarization of contracts and transactions on land use right~ and house and other land-attached asset ownership; and consider and decide to transfer the certification of contracts and transactions from district- and commune-level People's Q::mlnittees to capable notary public offices in distticdevel localities. In localities where provincial-level People's Committees have not yetdrtided on such transfer, involved parties to contracts or transactions may opt for notarization or cettiftcation by district- or commune-level People's Committees under law. 5. District-level Natural Resources and Environment Divisions shall perform the jobs of land use right registries under this Decree in localifies without district-level land use right registries. Article 27. Assurance ofconditions for grant of certificates 1. Provincial-level People's Committees shall direct the survey and making of cadastral maps associated with the compilation of cadastral dossiers and grant of certificates; build capacity, increase equipment, consolidate organizational apparatus, establish district-levelland use right registries and allocate sufficient funds to meet requirements for grant of certificates and adjustment of changes in cadastral dossiers. 2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, allocating funds for the renewal of certificates of land use rights, and house ownership and residential land use rights. house ownership and construction work ownership granted before the effective date of this Decree. Article 28. Fees on grant of certificates 1. Provincial-level People's Committees shall propose provincial-level People's Councils to prescribe fee rates and regimes on collection, remittance, management and use of fees on grant of certificates under the law on charges and fees. 2. Exemption of fees on grant of certificates applies to cases of applying for renewal of certificates of land use rights, and house ownership and residential land use rights, house ownership and construction work ownership already granted before the effective date of this Decree. Article 29. Effect I. This Decree takes effect on December 10. 2009. 2. Certificates of land use rights. and house ownership and residential land use rights, house ownership and construction work ownership granted before the effective date of this Decree :cJ VIETNAM LAW & LEGAL FORUM Issuenos 10·12JOctvber 2009 (Gong Baa nos 4974981October 30, 2009) OFFICIAL GAZETTE 81 remain legally valid and may be renewed into certificates of land use rights and house and other land-attached asset ownership upon request. For cases in which dossiers of application for these certificates have been submitted before the effective date of this Decree, but have not been granted such certificates, dossier receiving and processing agencies shall transfer those dossiers to natural resources and environment agencies for grant of certificates under this Decree. 3. To annul Article 41; Clause 1, Article 42; and Articles 43. 44, 56, 57, 116, 135, 136, 137, 143, 144, 148, 149, 150, 151, 152, 155, 156,157 and 158 of Decree No. 18112004/ND-CP. To annul provisions on dossier snhmission and result notification for procedures for grant, renewal and re-grant of land use right certificates and procedures for execution of land users' rights of Article 122 of Decree No. 181/2004/ND-CP. 4 To replace the phrase "land use right certificates" with the phrase "certificates of land use rights and house and land-attached asset ownership" in Articles 5, 4fj, 4/, 4~, 49, 5U, 51, 53, 54, 55, 63, 76, 79, 83, 84, 91, 92, 97, 99, 122, 123, 124, 128, 138, 139 and 140; Point e. Clause 1, Article 147; and Article 159 of Decree No. 18112004/ND-CP. S. "10 add the phrase "certittcates at land use rights and house and land-attached asset ownership" to the phrase "land use right certificates" in Articles 6,38,64,65, 111 and 113; Clause 1,Article 117; Articles 118, 129, 131, 133, 134 and 142; Point a, Clause 1, Points a and c, Clause 2, Article 147; and Articles 153, 154, 160, 161 and 162 of Decree No. 18112004/ND-CP. 6. To annul Article 8, Clauses 1 and 2, Article 10. and Article 21 of the Government's Decree No. 8412007/ND-CP of May 25, 2007, additionally prescribing grant of certificates ofland use rights, land recovery, execution of land use rights, order and procedures for compenBlion, support and resettlement upon laud rCWVl;:lY by the State and settlement ofland-related complaints (below referred to as Decree No. 84/2007.JND CP). To replace the word "certificates" wilh ~ phrase "certiflcates of land use rights and house and land-attached asset ownership" in Clause 1, Article 5; Articles 7 and 9; Clause 3, Article 10; Clause 2, Article 11; Articles 13, 14, 15, 16, 17 and 18; Points d and e, Clause 2, Article 19; and Article 20 of Decree No. 84/2007/ND-CP. To add the phrase "certificates of land use rights and house and land-attached asset ownership" to the word "certificates" in Article 3; Clause I ,Article 11;Article 12; Pointb, Clause 1, Article 19; and Articles 26, 31,44,45 dm146 of Decree No. 8412007/ND-CP. 7. To annul the Government's Decree No. 95/ 2005/ND-CP of July 15, 2005, on grant of certificates of house and construction work ownership. 8. To annul Articles 42, 43, 44, 45, 46, 47,48, 49 and 51 and Clause 4, Article 66 of the Govern ment's Decree No. 9O/2006/ND-CP of September 6, 2006, detailing and guiding the HOU'Sing Law (below referred to as Decree No. 900006/ND... CP); to annul the form of certificat!! of bouse ownership and residential land use rights andthe form of house ownership certificate promulgated together with Decree No. 9O/2006/ND-CP. 9. To replace the phrase "house ownership certificates" with the phrase "certificates of land use rights and house and other land-attached asset ownership" in Articles 16, 50, 58, 59 and 65 and Clause 2. Article 66 of Decree No. 901 2006fND-CP. To replace the phrase "certificates of house © VIETNAM LAW & LEGAL FORUM 8Z OFFICIAL GAZETTE Issue nos 10·1210ctober 2009 (Gong BaD nos 4974gB/October 30, 2009) and construction work ownership" with the phrase "certificates of land use rights and house and other land-attached asset ownership" in Article 17 of Decree No. 90/2006IND-CP. To add the phrase "certificates of land use rights and house and land-attached asset ownership" before the phrase "house ownership certificates' under the Housing Law" in Clause 2.Artk:le 68 of Decree No. 90/2006IND-CP. 10. To annul the provisions on grant of certificates of construction work ownership prescribed at Point d, Clause 2, Article 37 of the Government's Decree No. 2912008/ND-CP of Mmh 14. 2008. on industrial parks, export processiTlB zones and economic zones. 11. To annul Articles 8 and 9 of the Government's Decree No. 5112009/ND-CP of June 3, 2009, guiding a number of articles of the National Assembly's Resolution No. 19120081 QHl2 01June 3, 2008. on pilot permission of foreign Ot-ganizaHons and individuals to buy and own homes in Vietnam. 12. To replace the phrase "land use right certificates:' with the phrase "certificates of land use righ1'S and house and land-attached asset ownership in Articles 1, 2, 3, 8 and 11; Clause 5,Art:lcle 12;and Article 13of the Government's Decree No. 198/2004/ND-CP of December 3, 2004, on collection of land use levy (below referred to as Decree No. 198/2004IND-CP). To add the pluase "certificates of land use rights and house and land-attached asset ownership" to the phrase "land use right certificates" in Article 4 of Decree No. 198/2004/ND-CP. 13. To replace the phrase "land use right certificates" with the phrase "certificates of land use rights and house and land-attached asset ownership" in Articles II and 46 of the Government's Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement upon land recovery by the State (below referred to as Decree No. 197/2004/ND CP). To add the phrase "certificates ofland use rights and house and land-attached asset ownership" before the phrase "land use right certificates" in Article 8 of Decree No. 19712004/ND-CP. 14. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree. On behalfof the Government Prime Minister NGUYEN TAN DUNG c' VIETNAM LAW & LEGAL FORUM