Draft of the new Circular annuls 13 Circulars on land

The new Draft proposes to annul a number of Circulars on land under the authorization of the Minister of Natural Resources and Environment.

In particular, the Ministry of Natural Resources and Environment proposes to annul 13 Circulars on land under the issuing authorization of the Minister of Natural Resources and Environment, including

(1) Circular No. 09/2006/TT-BTNMT prescribing the land-lease contracts and granting the land use rights on the transfer from state companies to joint-stock companies.

(A number of regulations of the Land Law 2013 which this Circular guides are expired)

(2) Circular No. 05/2007/TT-BTNMT dated May 30, 2007, guiding cases eligible for land use incentives and the management of land used by education and training, health, cultural, sports and physical exercise, scientific and technological, environmental, social, population, family, and children protection and care establishments.

(Annul this Circular which guides several feasible regulations of the Land Law 2013. Currently, the Land Law 2024 and other Decrees detailing the implementation of the Land Law have prescribed several cases of incentives).

(3) Circular No. 09/2011/TT-BTNMT prescribing regulations on bidding and provisions of public careers who use the state budget on measuring land for issuing the land use rights, and land ownership of houses and other land-attached assets.

(Decide to implement by Law on Bidding).

(4) Joint Circular No. 39/2011/TT-BTNMT-BTC regulating the management and use of funds for measurement to determine the land area for sanction of administrative violation in the area of land

(This Circular guides the implementation of Article 31 of Decree No. 105/2009/ND-CP, which has expired). 

(5) Circular No. 30/2014/TT-BTNMT  on applications for land allocation, lease, re-purposing and expropriation.

(These regulations prescribed in Section 2, Chapter VI of the Decree No. 102/2024/ND-CP) (The process of transferring land, leasing land or allowing to change the purpose of using land is prescribed in Articles 48 - 52).

(6) Circular No. 37/2014/TT-BTNMT detailed regulations on compensation, support, and resettlement upon land expropriation by the State.

(This Circular guides the implementation of Decree No. 47/2014/ND-CP which is expired) Currently, this content is decreed in the Decree No. 47/2014/ND-CP).

(7) Circular No. 07/2015/TT-BTNMT on prescribing the formulation of land use plans;
compilation of land use boundary dossiers; cadastral surveying and mapping; determination of land rents; land allocation, land lease and grant of certificates of land use rights and ownership of houses and other land-attached assets to agricultural and forestry companies.

(These regulations are prescribed in Article 181 of the Land Law 2024 and Decree No. 102/2024/ND-CP (from Article 67 to Article 69)).
 

Draft of the new Circular annuls 13 Circulars in land
Draft of the new Circular annuls 13 Circulars on land (Illustration)

(8) Circular No. 69/2017/TT-BTNMT on the process of making and adjusting the land price brackets

(The Land Law 2024 no more prescribes the land price brackets).

(9) Circular No. 70/2017/TT-BTNMT on issuing the economic level - construction technique and adjustment of land price brackets; 

(The Land Law 2024 has annulled the land price brackets).

(10) Circular No. 18/2019/TT-BTNMT prescribes criteria and indicators for assessing the quality of public non-business services using the state budget on the survey, collection of construction information, and adjustment of land price brackets.

(The Land Law 2024 has annulled the land price brackets).

(11)  Joint Circular No. 14/2015/TTLT-BTNMT-BTP dated April 4, 2015, promulgating auctions of land use rights for allocation of levied land or land lease

(To be annulled to be suitable with the provisions prescribed in the Land Law 2024 and Decree No. 102/2024/ND-CP).

(12) Joint Circular No. 15/2015/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure and operation mechanism of the Land Registration Office under the Department of Natural Resources and Environment.

(These regulations are prescribed in Clause 4, Article 22 of the Land Law 2024, Article 13 Decree No. 102/2024/ND-CP).

(13) Joint Circular No. 16/2015/TTLT-BTNMT-BNV-BTC guiding the functions, tasks, powers, organizational structure and operation mechanism of the Land fund development centers under the Department of Natural Resources and Environment.

(These regulations have prescribed in Article 14 of the Decree No. 102/2024/ND-CP)
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