Thông tư 23/2014/TT-BTNMT về Giấy chứng nhận quyền sử dụng đất

CIRCULAR

Prescribing the certificates of land use rights and ownership of houses and other land-attached assets

Pursuant to the Land Law dated November 29, 2013.

Pursuant to Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing a number of articles of the Land Law;

Pursuant to Decree No. 21/2013/ND-QD dated March 4, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director General of the General Department for Land Administration and the Director of the Department of Legal Affairs,

The Minister of Natural Resources and Environment promulgates the Circular prescribing certificates of land use rights and ownership of houses and other land-attached assets.

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulation

This Circular provides for the certificates of land use rights and ownership of houses and other land-attached assets (hereinafter referred to as the Certificates).

Article 2. Subjects of application

1. State management agencies; specialized agencies in natural resources and environment, houses and construction, agriculture and rural development, finance at all levels and other relevant agencies; cadastral officers of communes, wards and townships.

2. Land users; owners of houses and other land-attached assets; other relevant organizations and individuals.

Chapter II

CERTIFICATE FORMS AND PRINTING, GRANT AND MANAGEMENT OF BLANK CERTIFICATES

Article 3. Certificate form

1. The certificate is granted by the Ministry of Natural Resources and Environment in a uniform form and is applicable nationwide for all types of land, houses and other land-attached assets. The certificate consists of a sheet of 04 pages, printed on background of lotus pink bronze drum pattern (hereinafter referred to as the blank Certificate) and an additional page with white background; each page is 190mm x 265mm in size; including the following prescribed contents:

a) Page 1 includes the national name, national emblem and the words "Certificate of land use rights, ownership of houses and other land-attached assets" printed in red; section "I. Name of land user, owner of houses and other land-attached assets" and Certificate granting number (serial number) including 02 Vietnamese letters and 06 numbers, printed in black; embossed mark of the Ministry of Natural Resources and Environment;

b) Page 2 printed in black letters includes section "II. Land parcels, houses and other land-attached assets", including information on land parcels, houses, other construction works, planted production forests, perennials and notes; date of signing the Certificate and agency signing and granting the Certificate; register number in the Certificate grant book;

c) Page 3 printed in black letters includes section "III. Plan of land parcels, houses and other land-attached assets” and section “IV. Changes after grant of the Certificate";

d) Page 4 printed in black letters includes the subsequent content of section "IV. Changes after grant of the Certificate"; the contents of note to the Certificate holders; barcode;

dd) Additional page of the Certificate printed in black letters includes the words "Additional page of the Certificate"; land parcel number; Certificate granting number; register number in the Certificate grant book and section "IV. Changes after grant of the Certificate" as page 4 of the Certificate;

e) Contents of the Certificate specified at Points a, b, c, d and dd of this Clause printed and written by the Land Registration Office or Land Registration Office Branch or Land use rights registration office (for localities without Land Registration Office) when preparing documents to submit to the competent authority to issue the Certificate or confirm changes to the issued Certificate.

2. The specific content and form of the Certificate specified at Points a, b, c, d and dd, Clause 1 of this Article are shown according to the Form issued with this Circular.

Article 4. Printing, grant and management of the use of blank Certificates

1. The General Department for Land Administration shall:

a) Organize the printing and grant of blank certificates to Land Registration Offices or Land Use Rights Registration Offices at all levels for use;

b) Formulate and manage the Certificate grant logbook;

c) Inspect and guide the management and use of blank certificates in localities.

2. The Department of Natural Resources and Environment shall:

a) Make plan for use of blank certificate of localities and send it to the General Department for Land Administration prior to October 31 annually;

b) Inspect and guide the management and use of blank certificates in localities;

c) Organize the destruction of blank Certificates and damaged printed or written Certificates in accordance with the law on archives;

d) Periodically report the receipt, management, and use of blank certificates of localities to the General Department for Land Administration prior to December 25 annually.

3. The Department of Natural Resources and Environment in the localities without Land Registration Office shall:

a) Make plan for use of blank certificate of localities and send it to the Department of Natural Resources and Environment prior to October 20 annually;

b) Check the management and use of blank certificates for the district-level Land Use Rights Registration Office.

4. The Land Registration Offices or Land Use Rights Registration Offices at all levels shall:

a) Report to the natural resources and environment agency on the need to use the blank certificate prior to October 15 annually;

b) Receive, manage, and prepare logbook of receipt, grant and use of blank Certificate issued to the localities;

c) Regularly check the management and use of blank certificates in the unit to ensure consistency between the logbook and the blank certificates actually managed or used;

d) Gather and manage blank certificates and damaged printed or written Certificates for destruction;

dd) Report the receipt, management, and use of blank certificates to the Department of Natural Resources and Environment prior to June 20 every 6 months, and prior to December 20 annually.

5. The content and form of Certificate grant logbook; Logbook of receipt, grant and use of blank Certificate; Report on receipt, management and use of blank certificates shall comply with the form specified in the Appendix No. 01 issued with this Circular.

Chapter III

RECORD OF THE CONTENTS ON THE CERTIFICATE

Article 5. Record of information on land users and owners of land-attached assets on page 1 of the Certificate

1. The information on land users and owners of land-attached assets which have been granted the Certificates are recorded according to the following regulations:

a) For domestic individuals, specify "Mr." (or "Mrs."), then specify full name, year of birth, name and number of personal papers (if any), permanent residence address. In case the personal paper is the identity card, specify "Identity card number:..."; In case of identity card issued by the people’s army, specify "Identity card number:..."; In case there is no identity card, specify "Birth certificate number....";

b) For the overseas Vietnamese, foreigners entitled to own houses in Vietnam according to regulations, specify "Mr." (or "Mrs."), then specify full name, year of birth, nationality, personal papers: "Passport number:..., place of issue:..., year of issue:..."; their permanent residence registration address in Vietnam (if any);

c) For households using land, specify "Household of Mr." (or "Household of Mrs."), then specify full name, year of birth, name and number of personal papers of the head of the household as prescribed at Point a of this Clause; household's permanent residence address. In case the head of the household has no right to use the household's joint land, specify the name of representative who is other member of household sharing the land use right of household.

In case the head of the household or other representative of the household having spouse sharing the joint land use right of household, specify the full name and year of birth of such spouse;

d) In case land use rights and land-attached assets are joint property of both spouses, specify the full name, year of birth, name and number of personal papers, and permanent residence address of both spouses as prescribed at Point a and Point b of this Clause;

dd) For domestic organizations, specify the name of the organization; name of document, number and date of signing, agency signing legal papers (including documents on the establishment, recognition of organizations or certificates or licenses, on investment and business in accordance with the law); address of the organization's headquarters;

e) For overseas Vietnamese, foreign-invested enterprises implementing investment projects in Vietnam, specify the name of the economic organization as the legal entity implementing the investment project; name of document, number and date of signing, agency signing legal papers (including documents on the establishment, recognition of organizations or certificates or licenses, on investment and business in accordance with the law); address of the organization's headquarters in Vietnam;

g) For foreign organizations with diplomatic functions, specify the name of the organization and the address of the organization's headquarters;

h) For religious establishments, specify the name of the religious establishment and the address where the religious establishment is located;

i) For residential community, specify the name of the residential community (determined by the residential community, confirmed by the commune-level People's Committee) and the address of the joint living place of the residential community.

2. In case the land user is not the owner of land-attached assets, the Certificate is issued separately to the land user and to the owner of land-attached assets; information on the person granted the Certificate is recorded according to the following regulations:

a) The certificate issued to the land user only records information on the land user as prescribed in Clause 1 of this Article;

b) The certificate issued to the owner of land-attached assets only records information on the owner of land-attached assets as prescribed in Clause 1 of this Article, followed by "Owning properties on the land parcel…. (specify form of lease, borrowing, etc.) of... (specify the name of the leasing or borrowing organization, household, individual, etc.)".

3. In case in the land parcel, there are many organizations, households, and individuals using the land and owning land-attached assets, except for the case specified in Clause 4 of this Article, the Certificate is issued to each organization, household and individual after determining each person's land use rights and ownership of land-attached assets.

In each Certificate, specify complete information on the persons who are granted certificates as prescribed in Clause 1 of this Article; then, specify "jointly use the land, jointly own the land-attached assets (or jointly use the land or jointly own the assets) with... (specify in turn the names of the remaining persons who share the same land use rights and ownership of land-attached assets)".

In case in the land parcel, there are many organizations, households, and individuals using the land and owning land-attached assets with written agreement to issue the Certificate to the representative (notarized or authenticated according to the provisions of law), the Certificate is issued to such representative. In the Certificate, specify information of the representative as prescribed in Clause 1 of this Article, in the next line, specify "Being the representative of persons who jointly use the land (or jointly own the land-attached assets or jointly use the land and jointly own the land-attached assets), including:... (specify in turn the names of persons using the land and land-attached assets)".

In case there are many persons using the land and owning land-attached assets that are not all recorded on page 1, then in the last line of page 1, specify " and other persons named in the Notes section of this Certificate"; at the same time, at the Notes section of the Certificate, specify: "Other persons jointly using the land (or jointly using the land and owning land-attached assets or jointly owning land-attached assets) including:... (specify in turn the names of persons using the remaining land and land-attached assets)".

4. In case many persons inherit land use rights or ownership of land-attached assets, and such inheritors have agreed in writing not to divide the inheritance and request the grant of Certificate to a representative for the entire area of land and land-attached assets for inheritance, a Certificate shall be issued to such representative. The written agreement must be notarized or certified in accordance with the law. In the Certificate, specify information of the representative as prescribed in Clause 1 of this Article, in the next line, specify "Being the representative of the inheritors, including:... (specify in turn the names of the inheritors of land use rights and land-attached assets)".

5. In case of granting a Certificate to the owner of an apartment, the Certificate granted to the owner of the apartment must state the owner's name as prescribed in Clause 1 of this Article.

Article 6. Record of information on the land parcel on page 2 of the Certificate

Information on the land parcel is specified in the Certificate for all cases issued with the Certificate under the following provisions:

1. Land parcel number: specify the land parcel number on the cadastral map in accordance with establishment of cadastral maps of the Ministry of Natural Resources and Environment.

In case of using the excerpt of cadastral measurement (for localities having no cadastral map) for the grant of Certificate, specify the land parcel number on the excerpt of measurement; in case of cadastral measurement of a land parcel, the number of land parcel is written as "01".

2. Map number: record the serial number of the cadastral map containing the land parcel issued with the Certificate within each commune-level administrative unit. In case of using the excerpt of cadastral measurement for the grant of Certificate, specify the number of excerpt of the land parcel measurement.

3. Address of land parcel: specify the name of the area (field area, residential area, etc.); house number, street name (if any), name of commune-level, district-level, provincial-level administrative unit, where the land parcel is located.

4. Area: specify the area of ​​the land parcel in Arabic numerals in square meters (m2), rounded to one decimal place.

In case there is a condominium on the land parcel, the Certificate issued to the apartment owner only specifies the land area under the joint use rights of the apartment owners under Article 49 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law (hereinafter referred to as Decree No. 43/2014/ND-CP).

5. The form of use is recorded as follows:

a) In case the whole area of ​​the land parcel is under the use rights of one land user (an individual or a household, a spouse, a residential community, a domestic organization, a religious establishment, a foreign individual, an overseas Vietnamese, etc.), specify "Private use" in the section of form of use;

b) In case the whole area of ​​the land parcel is under the use rights of many land users, specify "Joint use" in the section of form of use;

c) In case the residential land parcel has a garden or pond and the recognized residential land area is smaller than the area of ​​the whole land parcel and there are forms of joint use and private use for each land category, specify respectively "Private use" and purpose of use, the land area for private use; specify "Joint use" and the purpose of use and land area for joint use. For example: “Private use: Residential land area of 120m2, land area for perennial crops of 300m2; Joint use: Residential land area of 50m2, land area for annual crops of 200m2".

6. Land use purposes are recorded according to the following regulations:

a) The land use purpose is recorded consistent with the cadastral book with the following specific names for land categories:

- Agricultural land categories include: "land exclusively for wet rice cultivation", "remaining land for wet rice cultivation", "land for milpa rice cultivation", "land for other annual crops", "land for perennial trees," "production forest land", "protection forest land", "special-use forest land", "land for aquaculture", "land for salt making", "other agricultural land";

- Non-agricultural land categories include: "Rural residential land", "Urban residential land", "Land for construction of agency headquarters", "defense land", "security land", "Land for construction of headquarters of non-business organizations", "Land for construction of cultural establishments", "Land for construction of social service establishments", "Land for construction of medical establishments", "Land for construction of education and training establishments", "Land for construction of sports establishments", "Land for construction of science and technology establishments", "Land for construction of diplomatic establishments", "Land for construction of other non-business works", "Land for industrial parks", "Land for industrial clusters", "Land for export processing zones", "Land for commerce and service", "Land for non-agricultural production establishments", "Land for mineral activities", "Land for construction material, ceramic and porcelain production", "Transportation land", "Irrigation land", "Land of historical - cultural relics", "Land of scenic places", "Land for community activities", "Land for public amusement and entertainment areas", "Land for energy works", "Land for post and telecommunications works", "Market land", "Land for waste landfills and treatment facilities", "Land for other public works", "Land for religious establishments", "Land for belief establishments", "Land for cemeteries, graveyards" or "Land for cemeteries, graveyards, crematoriums" or "Land for crematoriums" or "Land for funeral halls", "Land with special-use water surface", "Other non-agricultural land";

b) For land parcels allotted, leased, or recognized by the State to a land user for multiple purposes specified at Point a of this Clause, such purposes must be fully recorded.

In case the land parcel is used for multiple purposes in which the main purpose and supplementary purposes have been determined, then the main purpose must be written as "(main)";

c) In case a land parcel is used by many persons with different purposes of use, in which each person uses land for a certain purpose, the Certificate issued to each person must specify the purpose of land use of such person and write “Land parcel is also used for the purpose of…… (specify other remaining land use purposes) of other persons" in the Note of the Certificate;

d) In case the residential land parcel has garden and pond in which a part of area is recognized as residential land and the remaining part is used as recognized for the purposes of the agricultural land categories, then specify “Residential land” and the attached recognized area of residential land, then specify each specific purpose of use of the categories of agricultural land and attached area;

dd) Determination of land use purpose upon grant of the Certificate is carried out under Article 11 of the Land Law and Article 3 of Decree No. 43/2014/ND-CP.

7. Land use term is recorded according to the following regulations:

a) For land allocated or leased by the State, specify the term according to the land allocation or lease decision; in case land use rights are recognized by the State, specify the recognized use term according to the provisions of the land law;

b) In case of definite-term land use, specify "land to be used until .../.../... (specify date of expiration)";

c) In case the land use term is stable and permanent, specify "permanent";

d) In case the residential land parcel has a garden or pond and the recognized residential land area is a part of the land parcel, specify the land use term according to each land use purpose "Residential land: permanent; Land… (Specify the purpose of use as per the current status of agricultural land categories for the garden and pond area not recognized as residential land): to be used until .../.../... (specify date of expiration)".

8. The origin of use is recorded according to the following regulations:

a) In case the land is allocated by the State without land use levy payment, specify "Land allocated by the State without land use levy payment";

b) In case the land allocated by the State with land use levy payment (including cases of land allocated through land use right auction; purchase of condominium apartments and land re-allocated by the management boards of hi-tech parks or economic zones and land with exemption or reduction of financial obligations, specify "Land allocated by the State with land use levy payment";

c) In case the land is leased by the State with lump-sum rent payment for the whole lease duration (including also land leased through land use right auction, and land leased by management boards of hi-tech parks or economic zones with lump-sum rent payment and land with recognized land use rights in the form of land lease with lump-sum rent payment and land with exemption or reduction of financial obligations), specify "Land leased by the State with lump-sum rent payment";

d) In case the land is leased by the State with annual rent payment (including also land leased through land use right auction, and land leased by management boards of hi-tech parks or economic zones with lump-sum rent payment and land with recognized land use rights in the form of land lease with annual rent payment and land with exemption or reduction of financial obligations), specify "Land leased by the State with annual rent payment";

dd) In case the land use rights are recognized by the State with land use levy payment, including households and individuals using land for non-agricultural purposes under the land allocation regime with land use levy payment in accordance with the land law but not have to make payment or being reduced or exempted from financial obligations, specify "Recognition of land use rights as land allocation with land use levy payment";

e) In case the State recognizes land use rights under the land allocation regime without land use levy payment, specify "Recognition of land use rights as allocation of land without land use levy payment";

g) In case of grant of new certificates due to division or consolidation of land parcels or renewal or re-grant of certificates without any change in land use purpose, and cases of renewal or re-grant of certificates, specify the land use origin as on the first granted Certificate and specified in accordance with this Circular.

In case the land use origin is not stated in the granted land use right certificate, it shall be identified and shown under this Circular based on the previously approved dossier for grant of the certificate and the land law provisions effective at the time of grant of the certificate:

h) In case of transfer of land use rights and grant of Certificate to the receiver of transfer of right, specify the form of receiving the transfer of rights (such as conversion, assignment, inheritance, donation, capital contribution, auction winning, mortgage debt processing, dispute settlement, complaint or denunciation settlement, implementation of decision (or judgment) of the Court; implementation of decision of judgment enforcement;…) and specify the origin of land use as on the first granted Certificate and specified in accordance with this Circular. For example: "Receipt of transfer of land allocated by the State with land use levy payment”.

In case of receiving the land use right for different purposes but the procedures must be done for transfer of purpose of land use, specify the origin of land use in the form specified at Points a, b, c and d of this Clause in accordance with the form of compliance with financial obligations with the State after the transfer of purpose of land use;

i) In case of conversion of land use purposes with requiring the grant of Certificate, specify as prescribed for cases of land allocated by the State with land use levy payment (if the land user makes payment of land use levy for the transfer of purpose); specify under the regulations for case of land leasing from the State (if the land user transfers to land leasing or continue the land leasing as before transfer of purpose); specify as before the transfer of purpose of land use for case where the land use right is recognized by the State without making payment for transfer of purpose and without transfer to land leasing;

k) In case of land leasing, land sub-leasing from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zone, high-tech parks and economic zones in the form of lump-sum payment, specify “Land leasing with lump-sum payment from enterprises investing in industrial infrastructure (or industrial clusters, export processing zones, etc.)".

In case of land leasing, land sub-leasing from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zone, high-tech parks and economic zones in the form of annual payment, specify “Land leasing with annual payment from enterprises investing in industrial infrastructure (or industrial clusters, export processing zones, etc.).

l) In case the land parcel consists of many areas with different land use origins, specify each type of origin and the area with that origin in turn;

m) In case financial obligations are exempted or reduced according to the provisions of law, specify the exemption or reduction in the Certificate as prescribed in Article 13 of this Circular.

9. In case the land user uses a lot of agricultural land parcels and wishes to obtain the joint Certificate, specify under the following regulation:

a) Land use address: specify general address information of land parcels, including name of field area (if any) and name of commune-level, district-level, provincial-level administrative unit;

b) Information on land parcel number, map number, area, form of use, purpose of use, term of use, origin of land use is shown as prescribed in Clauses 1, 2, 4, 5, 6, 7 and 8 of this Article in the following table:

c) In case the land user uses many agricultural land parcels that are not all shown on page 2 of the Certificate, another Certificate shall be granted for the remaining land parcels as prescribed at Points a and b of this Clause.

Article 7. Record of information on houses and other land-attached assets on page 2 of the Certificate

1. The land-attached assets stated in the Certificate are assets actually formed at the time of grant of the Certificate and are owned by the person requesting to be granted the Certificate, except in the case specified in Article 35 of Decree No. 43/2014/ND-CP.

2. In case the asset is a detached house, specify the following contents according to regulations:

a) Housing type: specify the specific type of housing in accordance with the housing law. For example: "detached houses"; "villas";

b) Construction area: specify the ground-surface occupancy area of the house at the position in contact with the ground according to the outer edge of the house's boundary wall, in Arabic numerals, in square meters, rounded to one decimal number;

c) Floor area: specify in Arabic numerals in square meters, rounded to one decimal number. For one-storey house houses, specify the construction floor area of ​​such house. For multi-storey houses, specify the total construction floor area of ​​the floors;

d) Forms of ownership: specify "Private ownership" in case the house is owned by one owner; specify "Joint ownership" in case the house is owned jointly by multiple owners; In case the house has private ownership and joint ownership, specify each form of ownership and the attached area. For example: "Private ownership: 50m2; joint ownership: 20m2";

dd) Grade (level) of house: determine and specify as per housing classification regulations of housing law and construction law;

e) Term of ownership specified for the following cases:

- In case of purchase of house in definite term in accordance with the law on housing, specify the date of expiration of ownership according to the purchase contract or in accordance with the law on housing;

- In case owners have houses on land rented or borrowed from other land users, specify the date of expiration of the leasing, borrowing term;

- For other cases with indefinite term and specify "-/-".

3. In case the asset is a condominium apartment, specify the following contents according to regulations:

a) Housing type: specify "Apartment number...";

b) Name of Condominiums specify the name or code number of the condominium or mixed-use house according to the investment project or design and planning approved by the competent authority;

c) Floor area: specify the usable floor area of ​​the apartment according to the apartment sale and purchase contract;

d) Forms of ownership: specify "Private ownership" in case the apartment is owned by one owner; specify "Joint ownership" in case the apartment is owned jointly by multiple owners; In case the apartment has private ownership and joint ownership, specify each form of ownership and the attached area. For example: "Private ownership: 50m2; joint ownership: 20m2";

dd) Term of ownership specified for the following cases:

- In case of purchase of apartment in definite term in accordance with the law on housing, specify the date of expiration of ownership according to the purchase contract or in accordance with the law on housing;

- For other cases with indefinite term and specify "-/-";

e) Items of joint ownership other than apartment: specify the name of each item other than the apartment and attached area (if any) which the owner has the joint ownership with other apartment owners under the signed apartment sale and purchase contract.

4. In case the asset is other constructional works, specify the following contents according to regulations:

a) Type of works: specify the name of the works as per the investment project or detailed constructional planning or investment license or construction license approved by the competent authorities;

b) Detailed information on the works is shown in the following table:

In which:

- Work items: specify the names of main items in the decision on project approval or detailed building plan approval, construction license or investment decision or investment license approved by the competent authorities;

- Construction Area: specify the ground-surface occupancy area of the work at the position in contact with the ground according to the outer edge of the work's boundary wall, in Arabic numerals, in square meters (m2), rounded to one decimal number;

- Floor area (or capacity) is specified according to the following regulations:

+ For works as house type, specify as prescribed for houses at Point c, Clause 2 of this Article;

+ For other architectural works, specify the capacity of the work under the approved investment decision or investment project or investment certificate or investment license. For example: “Thermo-power plant: 3,000 MW, stadium: 20,000 seats";

- Forms of ownership: specify "Private ownership" for construction items owned by one owner; specify "Joint ownership" in case the construction item is jointly owned by multiple owners; in case the work item has private ownership and joint ownership, specify "Private ownership" and "Joint ownership" respectively in the subsequent lines below; at the same time, specify the area under private ownership and the area under joint ownership in the corresponding lines in the columns "Construction area", "Floor area or capacity";

- Construction work grade: specify in accordance with the law on quality management of construction works;

- The term of ownership of the works is recorded according to the following regulations:

- In case owners have works on land rented or borrowed from other land users, specify the date of expiration of the leasing, borrowing term;

+ In case of definite term work purchase and sale, specify the end date according to the work purchase and sale contract;

+ For other cases with indefinite term and specify "-/-";

c) Construction works attached to land specified in this Clause must be a type of work under the construction work classification system in accordance with the construction law.

5. In case the asset is a planted production forest, specify the following contents according to regulations:

a) Forest type: specify the main types of grown forest trees;

b) Area: specify the forested area owned by the Certificate holder in Arabic numerals in square meters;

c) Information on origin of formation shall be presented as follows:

- For the forest allocated by the State with levy payment, specify "forest is allocated by the State with levy payment";

- For forests allocated by the State to households, individuals or population communities without levy payment, specify "forest is allocated by the State without levy payment”;

- For forests planted by the certificate applicant with capital not of state budget origin, specify "forest planted by locals themselves";

- For forest consisting of different forest areas of different origins, each origin and forest area of such origin shall be presented one by one;

d) Forms of ownership: specify "Private ownership" in case the forest is owned by one owner; specify "Joint ownership" in case the forest is jointly owned by many owners; In case the forest has private ownership area and joint ownership area, specify "Private ownership... m2; Joint ownership... m2";

dd) Duration of ownership: specify for case of forest sale with definite term or the forest owner grows it on the land leased or borrowed from another land user; the specified information is date of termination of duration of sale, leasing or borrowing. For other cases with indefinite term and specify "-/-".

6. In case the asset is a perennial tree, specify the following contents according to regulations:

a) Type of tree: specify the type of grown perennial trees; in case of mixed planting of many types of perennial trees, specify the main types of grown perennial trees;

b) Area: specify the area of ​​perennial trees under the ownership of the Certificate holder in Arabic numerals in square meters;

c) Forms of ownership: specify "Private ownership" in case the perennial tree garden is owned by one owner; specify "Joint ownership" in case the perennial tree garden is jointly owned by many owners; In case the perennial tree garden has private ownership area and joint ownership area, specify "Private ownership... m2; joint ownership... m2";

dd) Duration of ownership: specify for case of perennial tree sale with definite term or the perennial tree owner grows it on the land leased or borrowed from another land user; the specified information is date of termination of duration of sale, leasing or borrowing. For other cases with indefinite term and specify "-/-".

7. In case the condominium is owned by one owner, grant 01 Certificate for the whole condominium and write as prescribed in Clause 2 of this Article, in which the type of residential house is indicated as “condominium”.

In case the condominium has various purposes, a part of which is residential apartments and a part is for purpose of commerce, services, working office owned by one owner, grant one Certificate for the whole complex and specify under the provisions in Clause 4 of this Article.

In case a part of condominium (a number of apartments, working offices, commercial and service establishments) owned by one owner, indicate the type of property as “Complex”; next specify name of condominium and detailed information on each apartment, working offices and commercial and service establishments in the following table:

8. In case the land parcel includes houses, construction works, and perennial tree gardens of the same owner, in which the houses and construction works include many different items, specify the specific contents for each asset as prescribed in Clauses 2, 4 and 6 of this Article in the following table:

In case the asset is perennial tree, in the columns "Floor area or capacity", "Grade, level" specify "-/-".

In case all assets cannot be shown on page 2 of the Certificate, another Certificate will be granted to show the remaining assets; from the second Certificate onwards, detailed information on the land parcel is not recorded as in the first Certificate, but at point "1. Land parcel", specify "Information on the land parcel with use right is shown on the Certificate with serial number... (specify the serial number of the first Certificate)".

9. In case at the time of grant of the Certificate, the land parcel has no land-attached assets or there are land-attached assets but the land user (also the asset owner) has no need for certification of asset ownership or ownership of land-attached assets owned by another person or the land user requests certification of asset ownership but does not meet the conditions for certification, then at the point recording land-attached assets on the page 2 of the Certificate, specify "-/-". For example:

Article 8. Record on the content of the Certificate in case the land parcel has land area and land-attached assets of many persons and has land area and land-attached assets of each person without division into separate land parcel

1. In case a person has separate use rights to a part of the land parcel area, owns a part of the land-attached assets and has joint use rights to another part of the land parcel, joint ownership of another part of asset, the Certificate granted to such person is recorded as follows:

a) Information on the person granted with the Certificate is recorded on page 1 of the Certificate as prescribed in Clause 1, Article 5 of this Circular;

b) Information on the land parcel and land-attached assets is recorded on page 2 of the Certificate in accordance with Article 6 and Clauses 1, 2, 3, 4, 5, 6, Article 7 of this Circular, in which:

- Land use area: specify the total land area that the Certificate holder has the right to use privately and use jointly with others. For the form of land use, specify the land area for private use in the private use section and specify the land area for joint use in the joint use section;

- Area of ​​the asset (including construction area, floor area): specify the total area of assets that the Certificate holder has private ownership and joint ownership with others. For the form of asset ownership, specify each form and area of ​​private ownership and joint ownership as prescribed at Point d Clause 2, Point d Clause 3, Point b Clause 4, Point d Clause 5 and Point c Clause 6 Article 7 of this Circular.

In case the land-attached assets include many different types or items, some of which are privately owned and some are jointly owned, make a table as prescribed in Clause 8, Article 7 of this Circular to list information on each asset or each asset item according to the example below:

c) At the Notes on page 2 of the Certificate, specify the names of the joint users for each part of the land area for joint use; name of the joint owner of each area of joint land attached ​​asset. For example: "Use joint land (with area of 30m2) with Mr. Nguyen Van B and Ms. Nguyen Thi C"; use joint land (with area of 30m2) and jointly own the warehouse (with floor area of 20m2) with Mr. Nguyen Van B and Ms. Nguyen Thi C".

2. In case a person has joint use rights to a part of the area of ​​the land parcel, joint ownership of a part of land-attached assets without private land use rights or private asset ownership, the Certificate granted to such person is recorded as prescribed in Article 5, Article 6 and Clauses 1, 2, 3, 4, 5, 6, Article 7 of this Circular and under the following provisions:

a) Land use area: only specify the land area that the Certificate holder has joint use rights with others in the form of joint use.

b) Area of ​​the asset (including construction area, floor area): only specify the area of ​​asset that the Certificate holder has joint ownership rights with others in the form of joint ownership.

Article 9. Record of the content of the Certificate in cases the land-attached assets are located on many land parcels of many users

1. In case the land-attached assets are located on many land parcels under the land use rights of many persons and the land users are also joint owners of assets attached to such land parcels, the Certificate is issued to each land user and recorded as follows:

a) Information on the person granted with the Certificate is recorded in accordance with Clause 1, Article 5 of this Circular;

b) Information on the land parcel of the person granted with the Certificate is recorded in accordance with Article 6 of this Circular;

c) Information on all assets located on the same adjacent land parcels that the Certificate holder has joint ownership with others is recorded as prescribed in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Circular; in which the area of ​​land-attached assets is recorded in the form of joint ownership.

At the Notes on page 2 of the Certificate, specify "jointly own... (specify the name of the type of asset under joint ownership) with... (specify the names of other persons who jointly own the asset)".

2. In case the land-attached assets are located on many land parcels under the land use rights of many different persons but the assets located on such land parcels are under the ownership of another person, it is recorded as follows:

a) The certificate issued to the land user specifies information on the land user and information on such person's land parcel in accordance with Clause 1, Article 5 and Article 6 of this Circular; the information on land-attached assets is recorded with "-/-";

b) The certificate granted to the asset owner specifies information on the asset owner as prescribed at Point b, Clause 2, Article 5 of this Circular.

The information on the leased (or borrowed, etc.) land parcels is specified according to the following regulations:

- Land use address: specify general address information of land parcels, including name of commune-level, district-level, provincial-level administrative unit;

- Information on land parcel number, map number, area, purpose of use, term of use, origin of land use is shown in accordance with Article 6 of this Circular in the following table:

Information on all assets located on the same adjacent land parcels under the ownership of the Certificate holder is recorded in accordance with Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Circular.

Article 10. Record of the Certificate in case one person’s land used for one purpose is located in many administrative units

1. In case the land area is within multiple commune-level administrative units, each area within the scope of each commune-level administrative unit is determined as a land parcel to be specified in the Certificate.

2. In case the land is under the Certificate-granting authority of an agency, grant the Certificate representing all land parcels specified in Clause 1 of this Article as follows:

a) Information on each land parcel is specified in accordance with Article 6 of this Circular in the following table:

b) Information on the land-attached assets is specified in accordance with Article 7 of this Circular in the following table:

In this table, in column “Asset type”, there should be the address of where the asset is located (at commune….)”; if the asset item is located on more than 01 communal administrative unit, each part of area of asset located on each commune-level administrative unit must be identified and specified.

3. In case the land parcel is located in multiple commune-level administrative units under the Certificate-granting authority of different agencies, each land parcel is specified in a separate Certificate and shows information on the land parcel and land-attached assets as prescribed in Articles 6 and 7 of this Circular.

Article 11. Record of the content at the Notes on the Certificate

1. In case in decisions on land allocation, land lease, conversion of land use purposes, renewal of land use, contract or document receiving transfer of land use rights and other documents on land use rights in accordance with the land law; documents on ownership of land-attached assets specified in the Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP there are restrictions on land use rights or ownership of land-attached assets, specify the restriction content according to such documents.

2. In case the land parcel or part of the land parcel belongs to the safety corridor of works that has been announced and marked, specify "The land parcel is in the safety corridor of works... (specify the name of the works with protective corridor)"; or specify "The land parcel has... m2 of land located in the safety corridor of works…" in case a part of land parcel is located in the safety corridor of works.

3. In case there is no cadastral map, specify "The land parcel number and area have not been determined according to the cadastral map".

4. The contents of notes in other cases are recorded in accordance with Clause 3, Article 5, Point c, Clause 6, Article 6, Point c, Clause 1, Article 8, Point c, Clause 1, Article 9 and Article 13 of this Circular.

Article 12. Plan of land parcels, houses and other land-attached assets on the Certificate

1. The land parcel plan is specified according to the following regulations:

a) Land parcel plan is specified the information, including:

- Shape of land parcel, length of its edges;

- Land parcel number or name of adjacent works, North – South direction instruction;

- Building lines and landmarks of land use planning, building lines and landmarks of safety corridor of works on the land parcel granted with the Certificate are specified with dashed lines interspersed with dotted lines and note of building lines and landmarks;

- In case the land parcel is consolidated from other land parcels with different origin and duration of use or with a part of land of private use of one person and a part of land of joint use of more than one person, the boundary between parts of land is indicated with dashed lines interspersed with dotted lines and note of purpose of such boundary.

In case the land has a condominium and the land area of joint use of apartment owners is a part of area of the land parcel, the range of boundary of part of land jointly used must be specified.

b) Cases without record on the plans include:

- Grant of joint Certificate for many agricultural land parcels;

- Land for construction of works in line. For example: "Roads, electricity lines, water lines constructed by investment organizations in the BOT form".

2. Plans of houses and other land-attached assets are specified according to the following regulations:

a) The plan of house and other land-attached assets is indicated with continuous dashed lines on the plan of land parcel at the corresponding location on the field; in case the boundary of house and other land-attached assets is overlapped with the boundary of land parcel, it shall be specified according to the boundary of the land parcel;

b) Plan of houses (except for apartment building) and constructional works indicates the range of construction boundary (in the extent of land occupation at the contact location with the ground by the outer edge of wall) of houses or construction works

c) In case of apartment building, specify the floor plan of condominium in which the location, shape of floor based on the exterior wall of apartment (not indicate each room in the apartment), symbol (arrow) for door and size of apartment sides;

d) In case of certification of additions or changes to land-attached assets in the Certificate, the additions or adjustments to the asset plan must be shown accordingly and affixed with the confirmation stamp of the Land Registration Office or Land Registration Office Branch or Land use rights registration office. In case of certification of additions or changes to land-attached assets but the asset plan on page 3 of the Certificate cannot be supplemented or adjusted, make record in the additional Page of Certificate or grant a new Certificate upon the request of the land user or asset owner.

3. The size of the plan shown on the Certificate is based on the size and area of ​​each land parcel and specific land-attached assets for suitable record.

In case the land parcels or land-attached assets have a large area or a complex shape, with many construction items and part of page 3 does not show the entire plan, then use the entire page 3 to represent it appropriately.

The form and content of the land parcel plan and land-attached assets are specifically guided in the Appendix No. 02 issued with this Circular.

Article 13. Record of the content of debt, exemption, or reduction of financial obligations

1. The debt, exemption, and reduction of financial obligations are shown in the Notes on page 2 of the Certificate; the certification of cancellation of debt of financial obligations is recorded in section is shown in section "IV. Changes after grant of the Certificate" of the Certificate.

In case the debt, exemption, or reduction of financial obligations cannot be specified in the Notes, it must be specified in section "IV. Changes after grant of the Certificate" of the Certificate; the Land Registration Office or Land Registration Office Branch or Land use rights registration office specifies the date, signature, stamp and specify the full name and position of the signer in the column "Confirmation of the competent authority".

2. The content of debt, debt cancellation, exemption, or reduction of financial obligations is specified as follows:

a) In case of debt of financial obligation upon grant of the Certificate and the debt amount has been determined in accordance with law, specify "Debt of... (specify the debt of financial obligations, debt amount in numbers and words) according to... (specify name, number, date of signing, agency signing documents determining the debt amount)".

In case of debt of financial obligation upon grant of the Certificate and the debt amount has not been determined in accordance with law, specify "Debt of... (specify the debt of financial obligations)";

b) In case of debt cancellation, specify "The canceled debt of... (specify the canceled debt of financial obligations) according to... (specify name, number, date of signing, agency signing the documents on debt cancellation)".

In case the financial obligations have been fully paid, specify "Fulfilled financial obligation according to… (specify name, number, date of signing, agency signing documents of payment of financial obligations)";

c) In case the State allocates land with land use levy payment but is exempted from land use levy payment, specify "Exempted from land use levy according to... (specify name, number, date of signing and agency signing the document determining exemption from payment)".

In case of reduction in land use levy, specify "Reduced land use levy... (specify the reduced amount or percentage of discount) according to... (specify name, number, date of signing and agency signing the document determining reduction in payment)";

d) In case the State leases land and is exempted from paying land rent for the entire lease term, specify "Exempted from land rent according to... (specify name, number, date of signing and agency signing the document determining exemption from payment)".

In case of reduction in land rent, specify "Reduced land rent... (specify the amount or percentage of reduction and the number of years of reduction, if any) according to... (specify name, number, date of signing and agency signing the document determining reduction in payment)".

Article 14. Signing of the Certificate and record of the number in the Certificate granting book

1. Specify the content of the Certificate signing as follows:

a) Specify the name of the place of granting the Certificate and the date of signing the Certificate;

b) In case the agency issuing the Certificate is the People's Committee at the provincial or district level, specify as follows:

ON BEHALFT OF THE PEOPLE’S COMMITTEE OF.... (specify name of administrative unit with the certificate-granting authority)

          CHAIRPERSON

Signature and stamp of the People's Committee and full name of the signer;

c) In case the Department of Natural Resources and Environment is authorized by the province-level People's Committee to sign and grant the Certificate, specify as follows:

ON BEHALF OF THE PEOPLE’S COMMITTEE OF.... (specify name of province-level administrative unit)

          PP. THE CHAIRPERSON

THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Signature and stamp of the province-level Department of Natural Resources and Environment and full name of the signer;

d) In case the province-level Department of Natural Resources and Environment signs and grants the Certificate according to its authority, specify as follows:

THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF .... PROVINCE (specify name of province-level administrative unit)

          THE DIRECTOR

Signature and stamp of the province-level Department of Natural Resources and Environment and full name of the signer.

2. The number in the Certificate granting book is recorded in letters and numbers (as the ordinal number in the Certificate granting book) according to the following regulations:

a) For the Certificates granted by the District-level People's Committee, specify the word "CH", followed by the serial number in the Certificate granting book, consisting of 5 digits and the ordinal number of Certificate issued according to Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Minister of Natural Resources and Environment providing for certificates of land use rights and house and land-attached asset ownership (hereinafter referred to as Circular No. 17/2009/TT-BTNMT);

b) For the Certificates granted by the province-level People's Committee or the Province-level Department of Natural Resources and Environment, specify the word "CT", followed by the serial number in the Certificate granting book, consisting of 5 digits made for each province-level administrative unit and according to the serial number of the Certificate granted under Circular No. 17/2009/TT-BTNMT.

In case the province-level Department of Natural Resources and Environment grants a Certificate for households, individuals, communities, and overseas Vietnamese to own houses in Vietnam, specify the word "CS", followed by in the Certificate granting book, consisting of 5 digits made by the commune-level administrative unit along with the system of serial numbers in the Certificate granting book for cases prescribed by the district-level People's Committee at Point a of this Clause.

Article 15. Barcode of the Certificate

1. The barcode is printed at the end of page 4 upon grant of the Certificate.

2. The barcodes are used to manage and look up information on the Certificates and Certificate granting dossiers; the barcode content represents a sequence of positive integers, structured in the form MV = MX.MN.ST, in which:

a) MX is the code of the commune-level administrative unit where the land parcel is located, is stipulated under the decision of the Prime Minister on the list and code of Vietnam’s administrative units; in case of granting the Certificate to the land parcel located on more than one commune-level administrative unit, specify the code of the commune with the largest area.

In case of granting the Certificate under the authority of Province-level People’s Committee, write the code of the province or centrally-run city under regulation before the code of commune, ward or town where the land is located.

b) MN is the code of the year of grant of the Certificate, including the last two digits of the year of signing and grant of the Certificate;

c) ST is the archiving ordinal number of land registration dossier and procedures similar to the Certificate first issued under regulations on cadastral dossier of the Ministry of Natural Resources and Environment.

In case there is not adequate space for record in a Certificate for a registration dossier and must record in many Certificates for grant as stipulated under Point c, Clause 9, Article 6 and Clause 8, Article 7 of this Circular, such Certificates shall be recorded with the same archiving ordinal number of such dossier.

Article 16. Form and size of letter written in the Certificate

1. The font and size of letter written in the Certificate is done as follows:

a) Numbers, names of sections and points are printed in the font 'Times New Roman, Bold', font size '13'; only points are printed in italic font and numbers;

b) The content of information of sections I, II, III, IV in the Certificate is printed in font 'Times New Roman, Regular', size of at least “12” and printed in “Bold” font and the size of at least “13” for the name of land user or owner of land-attached assets in section I.

2. The color of the letters and numbers shown on the Certificate is black.

Chapter IV

CERTIFICATION OF CHANGE IN THE CERTIFICATE AND DUPLICATION AND SCANNING OF THE CERTIFICATE

Article 17. Cases of certification of change in the granted Certificate upon registration of change of land and land-attached assets

1. The cases of certification of change in the granted Certificate to be delivered to the land user or owner of land-attached assets upon registration of change of land and land-attached assets include:

a) Receive the right to use the entire land area, the ownership of all land-attached assets for which the Certificate has been granted in cases of conversion, transfer, inheritance, donation, or capital contribution; successful conciliation of land disputes recognized by the competent People's Committee; agreements in mortgage contracts for debt settlement; administrative decisions of competent state agencies on settlement of land disputes, complaints and denunciations concerning land, decisions or judgments of the People's Court, decisions on enforcement of judgments of enforcement agencies; written recognition of result of auction winning of land use right in accordance with the law;

b) Transfer the use right of a part of the land parcel area, a part of the land-attached assets for which the Certificate has been granted to another person in the cases specified at Point a of this Clause or transfer the right to use one or several land parcels among the land parcels granted with a joint Certificate, the transferor is entitled to certifying in the granted Certificate;

c) Transfer the land use rights, ownership of houses and other land-attached assets of spouse into the joint land use right or joint ownership of assets of spouse;

d) Register mortgages, cancel registration of mortgages, register changes in mortgage content with formed or off-the-plan land use rights, land-attached assets;

dd) Investors who are allocated land by or lease land from the State to invest in construction and business of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, and high-tech parks must register the land lease or sublease; cancellation of registration of land lease or sublease;

e) Households and individuals that establish private enterprises or vice versa; transform their companies, split, separate, merge or consolidate enterprises not subject to the case of transfer of land use right or ownership of land-attached assets;

g) Land users and owners of land-attached assets are allowed to change the names and information on legal documents, personal identities, and addresses;

h) Reduction in area of land parcel due to natural landslide;

i) Changes in restrictions on the rights of land users and owners of land-attached assets;

k) Changes in financial obligations recorded on the Certificate;

l) Changes in land-attached assets recorded on the Certificate; certification of addition of land-attached assets to the granted Certificate;

m) Changes in information on land parcel numbers; area of land parcel from measurement; name of the administrative unit where the land parcel is located;

n) Transfer of purpose of land use;

o) Change in land use term;

p) Transfer from the form in which the State leases land with annual land use levy to the form of land leasing with lump-sum payment for the whole duration of leasing; from the form of land allocation by the State without collecting land use levy to the form of land lease; from land lease to land allocation with land use levy payment in accordance with the land law;

q) Confirmation, change or termination of limited use right of adjacent land parcels;

r) The State recovers a part of area of land parcel which has been granted with Certificate;

s) Correction of contents in the granted Certificate due to mistake during writing or printing;

t) Certificates granted jointly for many land parcels have been separated to grant a separate Certificate.

2. Cases of registration of change granted with Certificate of land use right, ownership of house and other land-attached assets include:

a) Consolidation of land parcels into a new land parcel; splitting of a land parcel into new land parcels in accordance with the law;

b) Transfer of use purpose of a part of land parcel with permission from the competent authorities;

c) Person leasing or sub-leasing the land use right of investors who are allotted land or lease land for investment in construction of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks;

d) In case of receiving transfer of use rights of part of the land area and land-attached assets on the granted Certificate in the forms specified at Point a of this Clause;

dd) Agreement to consolidate or divide the land use rights and land-attached assets of the household, spouse or group of persons of joint ownership or use;

e) Additional certification of ownership of land-attached assets on the land parcel for which the Certificate has been granted;

g) Change of all information on land parcel due to cadastral mapping;

h) Damage or loss of the granted certificate;

i) Cases of registration of changes in land use rights and ownership of land-attached assets but there is not adequate space for certification of change in page 4 of the Certificate;

k) Cases of registration of changes in land use rights and ownership of land-attached assets specified at Points a, b, e, g, h, l, m, n and r Clause 1 of this Article where the land users and owners of land-attached assets need a new Certificate.

Article 18. Content of certification of changes to the granted Certificate

The content of change certification is specified in the column "Change content and legal basis" on the Certificate in the following cases:

1. The transfer of land use rights, ownership of land-attached assets is specified according to the following regulations:

a) In case of transfer of the right to use the entire land area, transfer of the ownership of all land-attached assets in one of the forms specified at Point a, Clause 1, Article 17 of this Circular, specify: form (or basis) of transfer of rights; name and address of the transferee as prescribed in Article 5 of this Circular (hereinafter referred to as name and address of the transferee); code of documents and procedures for registration of land and land-attached assets according to regulations on cadastral records of the Ministry of Natural Resources and Environment (hereinafter referred to as code of registration documents and procedures).

For example: "Transfer to Mr. Nguyen Van A, Identity card number 020908673 and his wife, Mrs. Nguyen Thi B, Identity card number 020908675, address at No. 65 Giai Phong street, Phuong Mai ward, Dong Da district, Hanoi, Vietnam; according to the dossier number 010656.CN.001";

- "Pass inheritance to Mr. Tran Van C, Identity card number 020908683 and his wife, Mrs. Nguyen Thi D, Identity card number 020908685, address at No. 65 Giai Phong street, Phuong Mai ward, Dong Da district, Hanoi, Vietnam; according to the dossier number 010675.TK.002";

- "Transfer the rights as agreed in the mortgage contract for debt settlement to Mr. Nguyen Van A, Identity card number 020908673 and his wife, Mrs. Nguyen Thi B, Identity card number 020908675, address at No. 65 Giai Phong street, Phuong Mai ward, district Dong Da, Hanoi, Vietnam; according to the dossier number 010656.CQ.003";

b) In case of transferring the right to use a part of the land parcel area, a part of the land-attached assets in the cases specified at Point b, Clause 1, Article 17 of this Circular, in the Certificate of the transferor, specify: form (or reason) of transfer of rights; type of asset transferred; name and address of the transferee; area of right transfer and number of land parcel after division to transfer rights; code of registration dossier and procedures; remaining area and number of land parcel after division without right transfer.

For example: "Transfer land use rights to Mr. Nguyen Van A, Identity card number 020908673, address at No. 65 Giai Phong street, Phuong Mai ward, Dong Da district, Hanoi, Vietnam, area of 70m2, land parcel number 203; according to the dossier number 010678.CN.001; the remaining area of 150m2, land parcel number 204";

c) In case the Certificate has been granted for many land parcels and the land user transfers the right to use one or several land parcels, the transferor's Certificate shall specify: form (or reason) of transfer of rights; number of transferred land parcel; name and address of the transferee; code of registration dossier and procedures.

2. In case the investor builds the condominium for sale or sale in combination with leasing and is issued with Certificate of land use right, when performing the procedures for right transfer to the first apartment buyer, the Certificate issued to the investor is specified “The land parcel has transferred to the form of joint use”; in case the land parcel used for condominium has a part of area under the joint use of apartment buyer and a part under the use right of the investor as prescribed by law, it is required to measure and split into separate land parcels to be issued with Certificate.

In case the Investor's Certificate has certified ownership of the apartments, when the investor transfers ownership of the apartment, on the Investor's Certificate, specify "Sold the Apartment No. ...according to the dossier number... (specify code of registration dossier and procedures)".

3. In case of canceling registration of capital contribution using land use rights or land-attached assets, specify "Cancel content of capital contribution registration dated …/.../... (specify date of previous registration of capital contribution); according to the dossier number... (specify code of registration dossier and procedures)".

4. In case of transferring land use rights, ownership of houses and other land-attached assets of the spouse into joint asset of the spouse, specify "Transfer the rights of... (specify the type of transferred asset) of... (specify the name of the spouse who has transferred rights) into joint asset of Mr... and his wife Mrs... (specify the names and addresses of the spouse) according to the dossier number... (specify code of registration dossier and procedures)".

5. In case of registering mortgages, canceling registration of mortgages, registering a change in the content of mortgages with land use rights or land-attached assets, specify as follows:

a) In case of mortgage with land use rights and land-attached assets, specify "Mortgage with... (specify the name of the mortgaged asset as land use rights or land-attached assets or land use rights and land-attached assets or off-the-plan land-attached assets) in... (specify name and address of mortgagee) according to the dossier number... (specify code of registration dossier and procedures)";

b) In case of registering a change in the content of a mortgage with land use rights or land-attached assets, specify "The content of the mortgage registered on .../.../... has changed... (specify the mortgage content before and after the change) according to the dossier number... (specify code of registration dossier and procedures)";

c) In case of cancellation of registration of mortgage with land use rights, land-attached assets or off-the-plan land-attached assets, specify "Cancel the content of mortgage registration dated …/.../ ... (specify date of previous mortgage registration) according to the dossier number... (specify code of registration dossier and procedures)".

6. In case the enterprise makes investment in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks for land leasing and sub-leasing, in the Certificate of such investor, specify "Lease (or sublease) ... (specify name and address of lessee or sublessee) the land parcel (or land lot) number... with area of... m2; according to the dossier number... (specify code of registration dossier and procedures)".

In case of termination of land leasing or sub-leasing, the Certificate issued to the land leasing party shall be revoked; in the Certificate of enterprise investing in infrastructure, specify "Canceled land and sublease registration of land use right dated …/.../... according to dossier number... (specify code of registration dossier and procedures).

7. In case the land user or owner of land-attached assets changes their name or information on legal documents, personal identities, or addresses, specify "Land user (or owner of land-attached assets) ... (specify the content of the change: change name, change ID card, investment certificate, …address) from... to... (specify information before and after change) according to the dossier number... (specify code of registration dossier and procedures)".

In case of transformation of households or individuals using land into the economic organization of such households or individuals or transformation of form of enterprise not subject to the case of transfer of land use right or ownership of land-attached assets, specify “The land user (or owner of land-attached assets) changed the name to … (specify name and legal papers before and after transformation) by... (specify form of establishment or transformation of enterprise) according to the dossier number... (specify code of registration dossier and procedures)".

8. In case of change of area due to natural landslide of a part of land parcel, specify "Natural landslide... m2 according to the dossier number... (specify code of registration dossier and procedures)"; in case of landslide of the whole area of the land parcel on the Certificate granted for many land parcels, specify "Natural landslide of the whole land parcel No... according to the dossier number... (specify code of registration dossier and procedures)".

9. In case of changing the land parcel number, specify "The changed land parcel number is... due to... (specify reason for change)"; changing the map sheet number, specify "The new number of the map sheet is... due to... (specify reason for change)"; changing the area of ​​land parcel due to re-measurement, specify "The ​​re-measured area of land parcel is... m2".

In case of changing the name of an administrative unit or adjusting the administrative boundary according to a decision of a competent state agency, specify "Change the name of the commune (or ward, township, district, ...) to... (specify the new name of the administrative unit)".

10. In case of changing the land use purpose, specify "Changing use purpose from land for... to land for... (specify purpose of use before and after change) according to the Decision No..., dated …/…/…, dossier number... (specify code of registration dossier and procedures).

In case of changing the use purpose of part of the land parcel, the land parcel shall be divided and the new Certificate granted for each new land parcel after division.

11. In case of renewal of land use, specify "Renewal of land use until date …/…/…, according to dossier number... (specify code of registration dossier and procedures)".

In case the agricultural land of households or individuals directly carry out the agricultural and forestry production and aquaculture and make salt and are allowed to continue using the land, write “Continue using the land until…/…/…".

12. In case of transfer from the form of land leasing to land allocation by the State with land use levy payment or from land leasing with annual land use levy payment to the land leasing with lump-sum payment for the whole duration of leasing or from the form of allocation of land without land use levy payment to land leasing by the State, specify "Change form of use from... to... (Specify forms of land use before and after transfer) from date …/…/…, according to dossier number... (specify code of registration dossier and procedures)".

13. In case of confirmation, change or termination of limited use right of adjacent land parcels, it is shown as follows:

a) In case of confirmation of limited use rights of the adjacent land parcel, on the Certificate of the party receiving limited use rights, specify "Being entitled to…. (specify the content of limited usage rights) on land parcel number... according to... (specify the name of document confirming the limited use right) dated .../.../…".

In the Certificate of the transferor of limited use rights, specify "The user of land parcel number... is entitled to... (specify the content of limited usage rights) on the land parcel... (specify the land parcel number of the transferor of limited use rights) according to... (specify the name of document confirming the limited use right) dated .../.../…".

b) In case of change in limited use rights of adjacent land parcels, in the Certificate of related parties, specify "Limited use rights of adjacent land parcels registered on …/…/… have changed... (specify the content of the change) according to... (specify the name of document confirming the change of limited use right) dated …/…/…";

c) In case of termination of limited use rights of the adjacent land parcel, in the Certificate of the transferee and the Certificate of the transferor of the limited use rights, specify "Limited use rights of the adjacent land parcel registered on date …/…/… have terminated… (specify the content of the change) according to... (specify the name of document confirming the change of limited use right) dated …/…/…";

14. In case of change of content of limited use right of land or land-attached assets, in the Certificate, specify “Limitation of…. (specify the content of limitation with change) has changed... (specify the content of change or cancellation of such limitation) according to the dossier number... (specify code of registration dossier and procedures)”;

15. In case of change or supplementation of land-attached assets, specify as follows:

a) In case of change in land-attached assets recorded in the Certificate (such as changes in function, area of ​​assets, form of ownership, term of ownership, ...), specify "... (specify the name of asset to be changed recorded in the Certificate) has changed... (specify content of information before and after change) according to the dossier number... (specify code of registration dossier and procedures)”;

b) In case of supplementation of land-attached assets, specify "Certification of supplementation of ownership for…. (specify each information on the assets with certified supplementation as prescribed in Article 7 of this Circular)”.

16. In case the State recovers a part of the area of ​​the land parcel for which a Certificate has been granted, in the granted Certificate, specify "The State recovers... m2, the remaining area is... m2 with the land parcel number as…., the remaining land-attached assets are... (specify in case of certification of ownership of land-attached assets), according to the dossier number... (specify code of registration dossier and procedures)".

In case the land user voluntarily donates a part of the area of ​​the land parcel for which a Certificate has been granted to build roads, irrigation or other public works, in the granted Certificate, specify "Donated... m2 for... (roads or irrigation or other public works) according to... (specify name and date of signing of document on land donation); The remaining area is... m2".

17. In case of detection of mistake or confusion about the content of information specified in the granted Certificate, specify "The content... (specify content with mistake) has mistake and is corrected as... (specify the corrected information) as per the inspection record dated…of….”.

18. In case of land recovery or transfer of land use right or ownership of land-attached assets or renewal of Certificate or other reasons with the recovery of the granted Certificate, before archiving, specify the reasons for recovery and certify with seal of the Land Registration Office, Land Registration Office Branch or Land Use Rights Registration Office in page 1 of the Certificate.

Article 19. Agency confirming the changes in the granted Certificate

1. The agency shall confirm changes to the granted Certificate according to the following regulations:

a) In case of change as prescribed in Clause 1, Article 17 of this Circular and not subject to the cases specified at Point b of this Clause, the Land Registration Office or Land Registration Office Branch shall certify under the authority defined by the province-level People’s Committee.

For localities without the establishment of Land Registration Office, the land use right registration office shall continue the certification in the granted Certificate based on the functions and duties assigned before the effective date of this Circular.

b) In case of correction of mistake content and in case of certification of supplementation of ownership of land-attached assets to the granted Certificate, the competent authority issues the Certificate in accordance with Article 105 of the Land Law and Article 37 of Decree No. 43/2014/ND-CP.

2. The agency specified in Clause 1 of this Article shall record the date; sign, seal and specify full name and position of the signer in column “Certification of the competent authorities”.

Article 20. Pages of Certificate indicating the content of change certification

1. The pages 3 and 4 of the Certificate are used to certify the change in the cases specified in Clause 1, Article 17 of this Circular, except for the cases specified in Clause 2 of this Article.

2. The additional page of the Certificate specified at Point dd, Clause 1, Article 3 of this Circular is used to certify the changes in the following cases:

a) Registration of mortgage, change of registered contents or cancellation of registration of mortgage with the land use right or ownership of the land-attached assets;

b) Lease, sublease of land or cancellation of lease or sub-lease of land of the enterprise investing in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones and high-tech parks;

c) Transfer of land use rights and ownership of apartments in cases the enterprises investing in construction of houses for sale or sale in combination with leasing that have been granted the joint Certificate for apartments when not yet sold;

d) Specify the plan of land-attached assets in the case specified at Point d, Clause 2, Article 12 of this Circular.

3. When using the additional page of the Certificate, the ordinal number of this page must be recorded and jointly sealed with page 4 of the Certificate (the seal of the competent authorities specified in Article 19 of this Circular); write the note: “Attached to this Certificate is the additional Page No.: 01,..." at the end of page 4 of the Certificate; specify in the note column of the Certificate granting book the number of granted additional pages.

Article 21. Certification of change for types of Certificates granted in old form

The Certificate of land use rights, the Certificate of ownership of houses and land use rights, the Certificate of house ownership and the Certificate of ownership of constructional works that were granted before December 10, 2009 (the effective date of Decree No. 88/2009/ND-CP dated October 19, 2009 of the Government on grant of the Certificate of land use right, ownership of house and land-attached assets) but have changes in cases specified in Clause 1, Article 17 of this Circular shall be certified for such changes in the issued Certificate as stipulated in Articles 18, 19 and 20 of this Circular.

Article 22. Duplication and scanning of Certificate for archiving

Before delivering the Certificate to the grantee, the Land Registration Office, Land Registration Office Branch or Land Use Rights Registration Office shall duplicate and scan such Certificate according to the following regulations:

1. Certificates signed for grant with certified changes are scanned to archive in the database of land.

2. For localities without database of land, duplicate one copy (in the form of certified copy with the seal of the Land Registration Office or Land Registration Office Branch or Use Rights Registration Office for archiving in cadastral records.

3. In case the Certificate has certified contents or certification of change of ownership of houses, constructional works, planted production forests but the locality has not yet completed building a land database to be connected with the local state management agency on construction, housing and agriculture, make an additional copy as stipulated in Clause 2 of this Article to be sent to the state management agency for the type of assets issued with Certificate for management.

Article 23. Publicity of cases where oversea Vietnamese and foreign individuals can own a house in Vietnam.

1. The Land Registration Office and the Land Use Rights Registration Office shall make a list of oversea Vietnamese and foreign individuals who have bought houses associated with the residential land use right granted with Certificate according to the Appendix No. 01 attached to this Circular and send it to the Ministry of Construction and the Ministry of Natural Resources and Environment during 05 working days from the date of handover of Certificate to the grantees.

2. The General Department of Land Administration shall summarize and publicize the list of oversea Vietnamese and foreign individuals and organizations entitled to owning house in Vietnam on the website of the Ministry of Natural Resources and Environment.

3. The Land Registration Office and its affiliated branches, the Land Use Rights Registration Office and other relevant agencies, when performing the notary procedures, contract certification or documents of transfer of house ownership and granting Certificate to the receivers of house ownership who are the oversea Vietnamese and foreign individuals entitled to owning a house in Vietnam, must look up information about the house ownership of such persons on the website of the Ministry of Natural Resources and Environment.

Chapter V

IMPLEMENTATION PROVISIONS

Article 24. Effect and transitional provisions

1. This Circular shall take effect from July 05, 2014.

2. This Circular replaces the following Circulars: Circular No. 17/2009/TT-BTNMT; Circular No. 20/2010/TT-BTNMT dated October 22, 2010 of the Minister of Natural Resources and Environment additionally providing for Certificates of land use rights, ownership of houses and other land-attached assets; Circular No. 16/2011/TT-BTNMT dated May 20, 2011 of the Minister of Natural Resources and Environment amending and supplementing a number of provisions concerning land-related administrative procedures.

3. The blank Certificate issued in accordance with Circular No. 17/2009/TT-BTNMT shall continue to be used to express the content as specified in this Circular.

4. In case of having submitted a complete application for registration of land and land-attached assets, having granted a valid Certificate and printed and written the Certificate before the effective date of this Circular, continue to comply with regulations specified in Circular No. 17/2009/TT-BTNMT; in case the Certificate has not been printed or written, it must comply with the provisions of this Circular.

5. The grant of Certificate in case of land allocation beyond the authority as prescribed in Article 23 of Decree No. 43/2014/ND-CP is considered and determined for each specific case after clarifying and handling responsibilities for those who allocate land without proper authority in accordance with law. Certificates are only granted in cases of stable use of land without any dispute, in accordance with land use planning, detailed planning of urban construction or construction planning of rural residential point, new rural construction planning approved by competent state agencies and fulfillment of financial obligations as prescribed by law; in case of land allocation for housing, the Certificates will only be granted to households and individuals who have built their houses and have no other accommodation.

Article 25. Responsibilities for implementation

1. The General Department for Land Administration is responsible for inspecting the implementation of this Circular.

2. The People's Committees of provinces and centrally run cities are responsible for disseminating, directing and implementing this Circular.

3. The Departments of Natural Resources and Environment are responsible for implementing this Circular in localities.

Any difficulty or problem arising during the implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment for review and settlement./.

* All Appendices are not translated herein.