Circular 09/2021/TT-BTNMT amending circulars detailing and guiding the Land Law

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Circular No. 09/2021/TT-BTNMT dated June 30, 2021 of the Ministry of Natural Resources and Environment amending and supplementing a number of articles of circulars detailing and guiding the implementation of the Land Law
Issuing body: Ministry of Natural Resources and EnvironmentEffective date:
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Official number:09/2021/TT-BTNMTSigner:Le Minh Ngan
Type:CircularExpiry date:Updating
Issuing date:30/06/2021Effect status:
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Fields:Land - Housing , Natural Resources - Environment

SUMMARY

Revision of ordinal numbers of land parcels and ordinal numbers of cadastral map pieces

The Ministry of Natural Resources and Environment promulgates the Circular No. 09/2021/TT-BTNMT amending and supplementing a number of articles of circulars detailing and guiding the implementation of the Land Law on June 30, 2021.

Accordingly, for land parcels formed after land lot division or consolidation, the ordinal numbers previously assigned to them shall be removed and the new ordinal numbers shall be assigned to them following the last land lot ordinal number in the map piece. In cases where the State revokes land use rights over a part of a land lot but the revoked land part is not qualified to be a new land lot and the remaining area is not divided into multiple lots, the remaining area shall retain its current land lot ordinal number.

The edition of ordinal numbers of cadastral map pieces after organizing commune-level administrative units shall be conducted as follows: In cases where communes are consolidated, the ordinal numbers of cadastral map pieces of the commune where the People's Committee of the new commune is located shall be retained, and the ordinal numbers of map pieces put together to the abovementioned map pieces shall be reassigned following the last land lot ordinal number; In cases where a commune is divided into different communes, the ordinal numbers of cadastral map pieces of each new commune shall be reassigned or retained.

In addition, to add cases of changing land use purpose without permission from competent State agencies but requiring change registration as follows: Change of land used for economic/service activities into non-agricultural business land besides land for non-agricultural production facilities.

This Circular takes effect on September 01, 2021.

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Effect status: Known

THE MINISTRY OF RESOURCES AND ENVIRONMENT

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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 09/2021/TT-BTNMT

Hanoi, June 30, 2021

 

CIRCULAR

Amending and supplementing a number of articles of
circulars detailing and guiding the implementation of the Land Law

 

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law dated November 20, 2018;

Pursuant to the National Assembly Standing Committee’s Resolution No. 751/2019/UBTVQH14 dated August 16, 2019, explaining a number of articles of the Planning Law;

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

Pursuant to the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014, on compensation, support and resettlement upon land recovery by the State;

Pursuant to the Government’s Decree No. 01/2017/ND-CP dated January 6, 2017, amending and supplementing a number of decrees detailing the implementation of the Land Law;

Pursuant to the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, amending and supplementing a number of decrees detailing the implementation of the Land Law;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 4, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

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

The Minister of Natural Resources and Environment promulgates the Circular amending and supplementing a number of articles of circulars detailing and guiding the implementation of the Land Law.

Article 1. To amend and supplement a number of articles of the Circular No. 23/2014/TT-BTNMT dated May 19, 2014, providing for certificates of land use rights, ownership of houses and other land-attached assets

1. To amend and supplement Point a, Clause 2, Article 15 as follows:

“a) MX refers to the code of the commune-level administrative unit where the land parcel is located, assigned under the Prime Minister’s decision on the list and codes of Vietnam’s administrative units; in cases where the Certificate is issued to land located in more than one commune-level administrative unit, write the code of the largest commune; in cases where a district is not divided into commune-level administrative units, MX shall be replaced by the code of the district-level administrative unit, assigned under the Prime Minister’s decision on the list and codes of Vietnam’s administrative units.

In cases where a certificate is issued within the competence of the provincial-level People’s Committee, the code of the province or central-affiliated city as prescribed shall be written before the code of the commune, ward or township where the land is located or before the code of the district-level administrative unit where the land is located if the district-level administrative unit is not divided into commune-level administrative units;”

2. To amend and supplement Point a, Clause 2, Article 17 as follows:

“a) Consolidation of land parcels into a new land parcel; splitting of a land parcel into new land parcels in accordance with law provisions; land parcels split to receive separate certificates for cases where a certificate is granted to multiple parcels;”

3. To amend and supplement Point g, Clause 2, Article 17 as follows:

“g) Change to all information on a land parcel due to cadastral map formulation; change to residential land area of a land parcel having gardens or ponds attached to houses due to re-determination of residential land areas as prescribed by law provisions;”

4. To amend and supplement Clause 16, Article 18 as follows:

“16. In cases where the State recovers the right to use a part of a land parcel issued with a certificate, the issued certificate shall be written: “The State recovered the right to use …. m2, the remaining area is ... m2 with the land parcel number of…., the remaining land-attached assets are… (if the certificate certifies ownership of land-attached assets), according to dossier No. … (specify the application dossier number)”.

In cases where the land user voluntarily donates a part of a land parcel issued with a certificate for construction of roads, irrigation works or other public works, the issued certificate shall be written: “Donated… m2 for construction of … (roads or irrigation works or other public works) according to … (specify name and date of signing of document on land donation); the remaining area is … m2”; in cases where the land user voluntarily donates all of their land parcel, in the issued certificate shall be written: “Donated all of land parcel for construction of … (roads or irrigation works or other public works) according to … (specify name and date of signing of document on land donation)”.

In cases where the land user voluntarily donates a part of one or more than one land parcel or one or more than one land parcel included in a certificate issued to multiple land parcels for construction of roads, irrigation works or other public works, the issued certificate shall be written: “Donated… m2 of land parcel No. … of map No. … (specify land area, land parcel number and cadastral map number of each land parcel) for construction of … (roads or irrigation works or other public works) according to … (specify name and date of signing of document on land donation); the remaining area is … m2 of land parcel No. … of map No. … (specify the remaining area, land parcel number and cadastral map number of each donated land parcel)”; in cases where the land user voluntarily donates all of the land parcels included in a certificate issued to multiple land parcels, the issued certificate shall be written: “Donated all land parcels for construction of … (roads or irrigation works or other public works) according to … (specify name and date of signing of document on land donation)”;”

5. To add Clause 19 to Article 18 as follows:

 “19. In cases where a certificate is granted to multiple land parcels, if a land parcel is split to receive a separate certificate, the issued certificate shall be written: “Land parcel … (specify land parcel number and map number) with area of … m2 is split to receive a separate certificate; according to dossier No. ... (specify the application dossier number)”.”

Article 2. To amend and supplement a number of articles of the Circular No. 24/2014/TT-BTNMT dated May 19, 2014, providing for cadastral dossiers

1. To amend and supplement Article 9 (amended and supplemented in the Circular No. 02/2015/TT-BTNMT and the Circular No. 33/2017/TT-BTNMT) as follows:

“Article 9. Dossier of registration for changes of land and land-attached assets

1. Application dossier for exchange of agriculture land use rights of households and individuals to perform “land parcel regrouping” submitted for all relevant households and individuals shall comprise:

a) An application form for issuance of the certificate of land use rights, ownership of houses and other land-attached assets, made according to the Form No. 04dd/DK issued together with this Circular of each household and individual;

b) The original copy of the issued certificate or a copy of the agreement on mortgage of land use rights, for cases where land is being mortgaged at a credit institution;

c) Written agreement on exchange of agricultural land use rights of households and individuals;

d) Plan for exchange of agricultural land use rights of the commune-level People’s Committee approved by the district-level People’s Committee;

dd) Minute of land handover according to the “land parcel regrouping” plan (if any).

2. Application dossier for exchange of agricultural land use rights not related to “land parcel regrouping”; transfer, lease, sublease, inheritance, donation of land use rights or ownership of land-attached assets or contribution of land use rights or ownership of land-attached assets as capital; transfer of land use rights or ownership of land-attached assets of either wife or husband to that of both wife and husband shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK.

With regard to households and individuals receiving transfer of agricultural land use rights, land area over which land use rights are transferred must be specified at Point 4, Section I of the Form No. 09/DK (Reasons for change) as follows: “Receive … (specify form of land use rights transfer) … m2 (specify land area over which land use rights are transferred); the total agricultural land area currently in use due to land use rights transfer and after land use rights transfer is registered from July 01, 2007 to July 01, 2014 is … m2 and from July 01, 2014 until now is ... m2 (specify land area over which land use rights are transferred by type of land and province/central-affiliated city)”;

b) Agreement or document on exchange, transfer, lease, sublease, inheritance or donation of land use rights or ownership of land-attached assets; contribution of land use rights or ownership of land-attached assets as capital; transfer of land use rights or ownership of land-attached assets of either wife or husband to that of both wife and husband as prescribed by law provisions.

In cases where there is only one inheritor of land use rights or ownership of land-attached assets, he/she shall submit an application form for registration of inheritance of land use rights or ownership of land-attached assets;

c) The original copy of the issued certificate;

d) Written approval of competent agencies for the economic organization receiving transfer of or capital contribution by or lease of agricultural land use rights to carry out an investment project;

dd) Written consent of the land user which shows that the owner of land-attached assets may transfer, donate, lease or contribute capital by the land-attached assets in cases of transfer, donation or lease of or capital contribution by land-attached assets whose owner is not concurrently the land user.

3. Application dossier for deregistration of lease, sublease and capital contribution by land use rights or ownership of land-attached assets shall comprise:

a) Written document on termination of the agreement on lease, sublease or capital contribution by land use rights or land-attached assets or agreement on lease, sublease or capital contribution by land use rights or land-attached assets whose termination is certified;

b) The original copy of the issued certificate in cases of lease or sublease of land use rights of an investor in infrastructure construction in an industrial zone, industrial cluster, export-processing zone, hi-tech park or economic zone or capital contribution by land use rights or ownership of land-attached assets.

4. Application dossier for issuance of certificate in cases of transfer of land use rights or ownership of land-attached assets before July 1, 2014 in which the transferring party has been issued with a certificate but has not yet carried out the procedures for transferring rights as prescribed:

a) In cases of receiving transfer, inheritance or donation of land use rights or land-attached assets with an agreement or document on transfer of rights as prescribed but the transferring party does not hand the certificate over to the receiving party, the dossier shall comprise:

- An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

- Agreement or document on transfer of rights formulated as prescribed by law provisions;

b) In cases of receiving transfer or donation of land use rights without an agreement or document on transfer of rights as prescribed, the dossier shall comprise:

- An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

- The original copy of the issued certificate;

- Document on transfer of land use rights or land-attached assets with signatures of both transferring and receiving parties.

5. Dossier for registration of change to land use rights or ownership of land-attached assets in cases of settlement of land-related disputes, complaints or denunciations; settlement of debt incurred from contracts for mortgage of or capital contribution by land use rights or land-attached assets; distraint or auction of land use rights or land-attached assets for judgment enforcement; division, splitting, consolidation or merger of organizations, or transformation of companies; agreement on consolidation or division of land use rights or land-attached assets of households, or husband and wife, or groups of land users shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate, unless it is a dossier for the execution of decisions or judgments by the People’s Court, or effective judgment enforcement decisions of judgment enforcement agencies, or auction of land use rights or land-attached assets at the request of the People’s Court or judgment enforcement agencies, in which the original copy of the issued certificate cannot be revoked;

c) Any of the following documents: Minutes of successful conciliation (in cases where the conciliation is successful and there is change in boundaries of the land parcel, the recognition decision of the competent People’s Committee is required) or decision of competent state agencies on settlement of land-related disputes, complaints or denunciations in accordance with law provisions; document on handover of mortgaged assets according to agreement (if any), and written agreement or mortgage contract containing the agreement on handling of mortgaged assets; written agreement or capital contribution contract containing the agreement on handling of contributed assets and document on handover of contributed assets according to agreement; decision or judgments of the People's Court, judgment enforcement decisions of judgment enforcement agencies, in which the holder of land use rights or ownership of land-attached assets has been determined; written results of auction of land use rights or land-attached assets at the request of the land users or property owners or the People's Court or judgment enforcement agencies concerning the executed judgment; contract or written agreement on division or consolidation or transfer of land use rights or ownership of land-attached assets in cases of division, splitting, consolidation or merger of organizations or transformation of companies; contract or written agreement on division or consolidation of land use rights or ownership of land-attached assets of households, or husband and wife, or groups of land users, or groups of owners of land-attached assets;

d) In cases of division or consolidation of land use rights or ownership of land-attached assets of organizations, document on division, splitting, consolidation or merger of organizations is required in accordance with law provisions; in cases of division or consolidation of land use rights or ownership of land-attached assets of a household, household registration book must be attached; in cases of division or consolidation of land use rights or ownership of land-attached assets of husband and wife, household registration book or marriage certificate or divorce certificate must be attached.

6. Application dossier for registration of change to use of land or land-attached assets due to change to name of the land user or owner of land-attached assets; decrease in land parcel area due to natural erosion; change to restriction on land use rights; change to financial obligations; or change to land-attached assets compared to registered contents and issued certificate, shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate;

c) Any of the following documents related to the change:

- Written approval of competent state agencies as prescribed by law provisions in cases of change to name of individual or household representative;

- A copy of household registration book in cases of change of representative being the household head; written agreement of the household verified by the commune-level People’s Committee in cases of change of representative being a household member;

- Written agreement of the residential community certified by the commune-level People’s Committee in cases where the community is renamed;

- Written confirmation of natural erosion of the commune-level People’s Committee in cases of decrease in area of the land parcel or land-attached assets due to natural erosion;

- Documents on fulfillment of financial obligations in cases where the issued certificate records a debit or late fulfillment of financial obligations, unless the land user is exempt from fulfilling a part or all obligations due to changes in law provisions;

- Decision of competent state agencies on changes in restriction on land use rights or ownership of land-attached assets recorded on the certificate in cases where restriction is imposed according to a decision on land allocation, land lease or recognition of land use rights; written agreement on change to restriction of persons with relevant interests verified by the commune-level People’s Committee in cases of change to restriction according to a written document on transfer of land use rights;

- A copy of one of the papers as specified in Articles 31, 32, 33 and 34 of the Decree No. 43/2014/ND-CP showing the changed contents in cases of change to information on land-attached assets recorded in the certificate.

7. Application dossier for shift from land lease with annual rental payment to land lease with full one-off rental payment, or from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy, shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate;

c) Concluded land lease contract;

d) Documents on fulfillment of financial obligations; papers related to the exemption or reduction of financial obligations on land or land-attached assets (if any).

8. Application dossier for registration of establishment of limited use rights to the adjacent land parcel after being granted the certificate for the first time and registration for change to or termination of limited use rights to the adjacent land parcel shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate of one relevant party or all relevant parties;

c) Contract or written agreement or decision of the People's Court on establishment of or change to or termination of limited use rights to the adjacent land parcel;

d) Diagram of location and size of area of the land parcel that the user of the adjacent land parcel is allowed to use.

9. Application dossier for extension of land use outside of hi-tech parks or economic zones shall include:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate;

c) A copy of the additional investment decision or investment license or investment certificate or investment policy decision showing the project performance term or adjustment of the project performance term in accordance with extended land use time in cases of land use by an organization or foreign organization having diplomatic functions, foreign-invested enterprise or overseas Vietnamese to carry out investment projects.

In cases where a Vietnamese organization is using the land to carry out investment activities on the land but does not require an additional investment decision or investment license or investment certificate or investment policy decision as prescribed by law provisions on investment, it is required to specify the reasons for land use extension at Point 4 of the dossier, made according to the Form No. 09/DK;

d) Documents on fulfillment of financial obligations (if any).

10. Application dossier for certification of further use of agricultural land of a household or individual upon land use expiration upon request; or division of a land parcel from multiple land parcels granted a common certificate for issuance of a separate certificate shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK.

In cases where a land parcel is split from multiple land parcels granted a common certificate for issuance of a separate certificate, it is not required to declare or certify the information at Point 5 of Section I, Section II and Section IV according to the Form No. 09/DK;

b) The original copy of the issued certificate.

11. Application dossier for division or consolidation of land parcels shall comprise:

a) An application form for division or consolidation of land parcels, made according to the Form No. 11/DK;

b) The original copy of the issued certificate.

12. Application dossier for registration of mortgage or deregistration of mortgage as prescribed by law provisions on registration of secured transactions.

In cases of leasing or subleasing land of an investor in infrastructure in an industrial park, industrial cluster, export-processing zone, hi-tech park or economic zone leased by the State with annual rental payment, if the land lessee or sub-lessee makes an one-off rental payment before July 1, 2014, and the land user applies for mortgage of land use rights, or mortgage of land use rights and land-attached assets, the dossier for mortgage registration must include papers proving that the investor has paid the one-off rental payment made by the lessee or sub-lessee into the state budget.

13. Application dossier for redetermination of residential land area for a household or individual granted a certificate shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate.

14. Application for change registration in cases where a household or individual hands over land use rights to an enterprise shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate;

c) Written agreement of household members on handover of land use rights of the household to the enterprise notarized or certified as prescribed by law provisions for land whose use rights are held by a household;

d) Signed land lease contract of the household or individual.

15. Application dossier for extension of use of agricultural land of a religious establishment shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate.

16. Application dossier for confirmation of change to information on legal person, people’s identity card number, citizen identification card number or address on the issued certificate at the request of the land user or owner of land-attached assets, shall comprise:

a) An application form for registration of change to land and land-attached assets, made according to the Form No. 09/DK;

b) The original copy of the issued certificate;

c) A copy of the new people’s identity card or new military identity card or new citizen identification card or household registration book or other papers proving the change to personal information of the person whose name is written on the certificate;

d) Document of competent agencies permitting or recognizing the change to information on legal person of the organization written on the certificate.

17. With regard to cases of carrying out the procedures for registration of change to land or land-attached assets specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Article that include change to information on legal person, people’s identity card number or citizen identification card number or address on the issued certificate, the land user shall submit additional papers as follows:

a) A copy of the new people’s identity card or new military identity card or new citizen identification card or household registration book or other papers proving the change to personal information of the person whose name is written on the certificate;

b) Document of competent agencies permitting or recognizing the change to information on legal person of the organization written on the certificate.”

2. To amend and supplement Point u and Point v, Clause 2, Article 19 as follows:

 “u) In cases of land recovery, write “The State recovered land according to dossier No.… (specify the dossier number)”.

In cases where the State recovers a part of a land parcel, write “The State recovered …. m2, the remaining area is ...m2 with the land parcel number of…., the remaining land-attached assets are… according to dossier No. … (specify the dossier number)”.

In cases where the land user voluntarily donates a part of a land parcel issued with a certificate for construction of roads, irrigation works or other public works, write “Donated… m2 for construction of … (roads or irrigation works or other public works) according to … (specify name and date of signing of document on land donation), the remaining area is … m2, according to dossier No. … (specify the dossier number)”; in cases where the land user voluntarily donates all of their land parcel, write “Donated all of land parcel for construction of… (roads or irrigation works or other public works) according to … (specify name and date of signing of document on land donation), according to dossier No. … (specify the dossier number)”;

v) In cases of consolidation of land parcels, write “Consolidated land parcels No. … (specify ordinal numbers of land parcels consolidated into the new parcel) into the land parcel No. … (specify ordinal number of the new parcel) according to dossier No. … (specify the dossier number)”. In the page for registration of the new land parcel, write “Consolidated from land parcels No. … (specify ordinal numbers of land parcels consolidated into the new parcel) according to dossier No. … (specify the dossier number)”.

In cases of division of a land parcel, write “Divided into land parcels No. … (specify ordinal numbers of land parcels divided from the old parcel) according to dossier No.… (specify the dossier number)”. In the page for registration of the new divided land parcels, write “Divided from the land parcel No.… (specify number of the old land parcel before it is divided for transfer of rights) according to dossier No. … (specify the dossier number)”.

In cases where a certificate is granted to multiple land parcels, if a land parcel is split to receive a separate certificate, write “Issued with a new certificate … (specify issuance number and register number of new certificate) according to dossier No.... (specify the dossier number)”.”.

3. To amend and supplement Point w, Clause 2, Article 19 as follows:

“w) In case of re-measurement that results in a change to land parcel number and area, write “... (specify changed information) changes from ... (pre-changed information) into ... (changed information) due to re-measurement on …… (date) according to dossier No ... (specify the dossier number)”.

Example: After re-measurement, the land parcel No. 30 changes into the land parcel No.115, land area changes from 600m² to 650m², write “Land parcel number changes from 30 to 115; area changes from ​​600m² to 650m² due to re-measurement on October 15, 2013”.

In cases where an administrative unit is renamed or the administrative boundary is adjusted according to the decision of a competent state agency, write "Rename ... (pre-changed name of the administrative unit) to … (new name of the administrative unit)”.

Example: In cases where Tu Liem district is renamed to Bac Tu Liem district, write “Tu Liem district is renamed to Bac Tu Liem district”.

In cases of change to residential area of a land parcel having gardens or ponds attached to houses due to redetermination, write “Residential area changes from ... (specify pre-changed information) to ... (changed information); area of ... land (specify areas of other land types of the parcel after residential area redetermination) changes from … (specify pre-changed information) to... (changed information), according to dossier No ... (specify the dossier number)”.

Example: a land parcel having gardens or ponds attached to houses is granted a certificate with 100m2 of residential area, 200m2 of land for perennial plant farming and 300m2 of land for annual plant farming. After the redetermination, residential area is 200m2, land for perennial plant farming is 100m2 and land for annual plant farming is 300m2, thus, write “Residential area changes from 100m2 to 200m2, land for perennial plant farming changes from 200m2 to 100m2 and land for annual plant farming is 300m2, according to dossier No. …”.”

4. To amend and supplement Section 3 of GUIDELINES FOR CERTIFICATE REGISTER BOOK FORMULATION in the Form No. 03/DK enclosed with the Circular No. 24/2014/TT-BTNMT as follows:

“3. Signed certificates shall be recorded into the certificate register book in the order in which they are signed; in cases of commune-level administrative unit consolidation as prescribed by law provisions, number the next entry of the certificate register book following the highest entry number; entries of two adjacent certificates shall be divided by a horizontal line in black ink.”

5. To amend and supplement the code of type of change at number 32 of Appendix No. 02 enclosed with the Circular No. 24/2014/TT-BTNMT as follows:

“Land parcel division or consolidation; land parcel division for issuance of a separate certificate in cases where a certificate is granted to multiple parcels.”

6. To add a new code of type of change to Appendix No. 02 enclosed with the Circular No. 24/2014/TT-BTNMT at number 36 as follows:

 “Change to residential area of land parcel gardens and ponds attached to houses due to redetermination -Code: XD”

7. To change the phrase “08/DK” into “08a/DK and 08b/DK”.

Article 3. To amend and supplement the Circular No. 25/2014/TT-BTNMT dated May 19, 2014 prescribing regulations on cadastral maps

1. To amend and supplement Point 1.5, Clause 1, Article 17 as follows:

“1.5. The revision of ordinal numbers of land parcels and ordinal numbers of cadastral map pieces shall be prescribed as follows:

a) For land parcels formed after land lot division or consolidation, the ordinal numbers previously assigned to them shall be removed and the new ordinal numbers shall be assigned to them following the last land lot ordinal number in the map piece.

In cases where the map pieces are put together in the event of commune consolidation, the ordinal numbers of land parcels in the map pieces of the commune where the People's Committee of the new commune is located shall be retained, and the ordinal numbers of land parcels in map pieces which are newly put together to the abovementioned map pieces shall be reassigned following the last land lot ordinal number; the “edited land lot table” shall be set up at a suitable location inside or outside of the map frame, except for cases where the cadastral map is edited in the cadastral database. The content of the “edited land lot table” must include the lot ordinal numbers, land type codes and areas of land parcels before and after edition;

b) In cases where the State revokes land use rights over a part of a land lot but the revoked land part is not qualified to be a new land lot and the remaining area is not divided into multiple lots, the remaining area shall retain its current land lot ordinal number;

c) The edition of ordinal numbers of cadastral map pieces after organizing commune-level administrative units shall be conducted as follows:

- In cases where communes are consolidated: the ordinal numbers of cadastral map pieces of the commune where the People's Committee of the new commune is located shall be retained, and the ordinal numbers of map pieces put together to the abovementioned map pieces shall be reassigned following the last land lot ordinal number. Information of cadastral maps of the old commune-level administrative units shall be noted outside of the map frame; land lot register books and other relevant documents shall be edited in accordance with the map editing results. For cadastral map pieces containing boundaries of the old commune-level administrative units, the cadastral map pieces shall be put together or the old cadastral map pieces shall be retained.

- In cases where a commune is divided into different communes: the ordinal numbers of cadastral map pieces of each new commune shall be reassigned or retained. The cadastral map information shall be edited in accordance with the new communes; information of cadastral maps of the old commune-level administrative units shall be noted outside of the map frame; the land lot register books and other relevant documents shall be edited in accordance with map editing results.

- In cases where a part of a commune is consolidated into another commune: the ordinal numbers of cadastral map pieces of the remaining part of the divided commune and the ordinal numbers of cadastral map pieces of the receiving commune (the commune receiving a part of another commune) shall be retained, the ordinal numbers of the cadastral map piece of the divided part shall be edited following the last ordinal number of cadastral map piece of the receiving commune. The information of cadastral maps of the old commune-level administrative unit shall be noted outside of the map frame; the land lot register books and other relevant documents shall be edited in accordance with the map editing results.

- In cases where a district-level administrative unit is no longer divided into different communes (there is no commune-level administrative unit in such district): the cadastral map information shall be edited in accordance with the new administrative unit. The information of cadastral maps of the old commune-level administrative units shall be noted outside of the map frame. The land lot register books and other relevant documents shall be edited in accordance with map editing results. In cases where measurements are taken to formulate a new cadastral map or in cases of extracting cadastral survey (excluding cases of extracting cadastral survey for separate or annual certificate issuance and land registration), the district-level People’s Committee shall perform tasks and exercise powers assigned to the district level and the commune level in their locality.”

2. To amend and supplement Clause 1, Article 21 as follows:

“1. When formulating a cadastral map, a technical design - cost estimate must be established in accordance with regulations of this Circular, unless otherwise prescribed in Clause 5 of this Article. The technical design - cost estimate must be appraised by the Department of Natural Resources and Environment before they are proposed to the investment-deciding agency for approval.

After the technical design - cost estimate is approved, 01 set of such documents must be submitted (in digital form) to the Ministry of Natural Resources and Environment (the General Department of Land Administration) attached with the approving decision for inspection and supervision.”

3. To add Clause 1a  to Article 21 as follows:

 “1a. The measurement to formulate a cadastral map and the edition of cadastral maps and the extraction of cadastral surveys shall be carried out in connection with land registration, cadastral dossier revision, cadastral database development or land allocation, land lease, land use rights revocation or land clearing and compensation or settlement of land-related complaints, denunciations and disputes or land use planning.”

4. To amend and supplement Point 7.1, Clause 7, Article 22 as follows:

“7.1. In cases where the Land Registration Office or a branch of a Land Registration Office or land use rights registration office (for localities without Land Registration Office) (hereinafter referred to as “Land Registration Office”) extract cadastral survey of land parcels for the purpose of separate or annual certificate issuance or land registration, the signatures of the person carrying out the measurement and inspector and signature of approval of Director of Land Registration Office shall be required outside of the map frame made using the form in Point 4, Section III of Appendix No. 01 issued together with this Circular.

In cases where other cadastral map measurement service providers extract cadastral survey of land parcels for the purpose of separate or annual certificate issuance or land registration, the signature and seal of the measurement service provider carrying out the measurement, signature of an inspector of the Land Registration Office and signature of approval of Director of Land Registration Office shall be required.”

Article 4. To amend and supplement Article 5 of the Circular No. 37/2014/TT-BTNMT dated June 30, 2014 prescribing in details about compensation, support, and resettlement upon land expropriation by the State

To amend and supplement Article 5 as follows:

“Article 5. Determination of agricultural land area for assistance in living stabilization; and agricultural land for assistance in vocational training, job change and job seeking upon land use rights revocation

1. Area of agricultural land whose land use rights are revoked for assistance in living stabilization in accordance with regulations at Point b, Clause 3, Article 19 of the Decree No. 47/2014/ND-CP (amended and supplemented in Clause 1, Article 2 of the Decree No. 148/2020/ND-CP) shall be determined based on each decision to revoke land use rights of the competent People’s Committee and not be aggregated with the area of agriculture land whose land use rights have been revoked in accordance with the previous decisions to revoke land use rights.

2. The area of agricultural land used for assistance in living stabilization shall be agricultural land currently used by households and individuals in communes, and townships where land use rights are revoked at the time of issuance of decisions to revoke land use rights.

3. Agricultural land used for assistance in living stabilization and assistance in vocational training, job change and job search upon land use rights revocation shall include:

a) Agricultural land originally allocated by the State to households and individuals directly involved in agriculture in accordance with the Government’s Decree No. 64/CP dated September 27, 1993 promulgating regulations on the allocation of agricultural land to households and individuals for stable and long-term use for agricultural production purposes; and the Government’s Decree No. 85/1999/ND-CP amending and supplementing a number of articles of the Regulation on the allocation of agricultural land to households and individuals for stable and long-term use for agricultural production purposes and supplementing the allocation of land for salt production to households and personal long-term stable use; forestry land allocated in accordance with the Government’s Decree No. 02/CP dated January 15, 1994 promulgating regulations on the allocation of forestry land to organizations, households and individuals for stable and long-term use for forestry purposes; the Government’s Decree No. 163/1999/ND-CP dated November 16, 1999 prescribing regulations on the allocation and lease of forestry land to organizations, households and individuals for stable and long-term use for forestry purposes; the Government’s Decree No. 181/2004/ND-CP dated October 29, 2004 prescribing the implementation of the Land Law; and Clause 1 Article 54 of the 2013 Land Law;

b) Agricultural land which is used by households and individuals eligible for agricultural land allocation in accordance with law regulations on land currently in use due to transfer, inheritance and donation as prescribed by the law, and which is certified by the commune-level People's Committee of the commune where the revoked land is located that such households and individuals are directly producing on such agricultural land;

c) Agricultural land which is used by households and individuals eligible for agricultural land allocation in accordance with law regulations on land without documents on land use rights, land use without land law violations and land eligible for land-related compensation, and production activities are confirmed to directly take place on which by People’s Committees of communes where land use rights are revoked;

d) Agricultural land which is transferred by state-owned farms and plantations for agriculture, forestry and aquaculture purposes (excluding land for reserve forests and protection forests) to households and individuals that are directly involved in agricultural and forestry activities and earn stable incomes from agricultural activities on the land which is subject to revocation by the State;

dd) Agricultural land which is transferred by agricultural and forestry companies converted from state-owned farms and plantations (excluding land for reserve forests and protection forests) to households and individuals that are directly involved in agricultural activities and earn stable incomes from agricultural activities on such land;

e) Agricultural land which is transferred from agricultural corporations and agricultural cooperatives to households and individuals that are directly involved in agricultural activities and earn stable incomes from agricultural activities on such land.

4. In cases where households and individuals using land mentioned in Clause 2 of this Article have less than 30% of currently in-use agricultural land revoked and such revocation affects their life and production, the provincial-level People’s committee shall decide other appropriate supporting measures in accordance with regulations in Article 25 of the Decree No. 47/2014/ND-CP.”

Article 5. To amend and supplement the Circular No. 02/2015/TT-BTNMT dated January 27, 2015 detailing the implementation of a number of articles of the Government’s Decree No. 43/2014/ND-CP and the Government’s Decree No.  44/2014/ND-CP

1. To amend and supplement Article 3 as follows:

 “Article 3. Formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land and coastal land with water surface

1. For localities whose provincial master plan, provincial land use planning, district-level land use planning and district-level annual land use plans fails to include use of riparian alluvial land, coastal alluvial land, in cases where the planning for riparian alluvial land and/or coastal alluvial land is within administrative divisions of multiple district-level administrative units, the municipal or provincial People’s Committees (hereinafter referred to as the provincial-level People’s Committees)  and People’s Committees of districts or cities under a municipality, People’s Committees of districts, towns or cities under a province (hereinafter referred to as the district-level People’s Committees) shall be responsible for reviewing to revise the provincial-level  land use planning, district-level land use planning and district-level annual land use plans.

2. The provincial master plan and land use planning, district-level land use planning and district-level annual land use plans of coastal districts must include use of coastal land with water surface in accordance with law regulations on land use.”

2. To amend and supplement Clause 1, Article 11 as follows:

 “1. The following cases of land repurposing shall not require permission from competent State agencies but require change registration:

a) Repurposing of land for annual plant farming land into other types of agriculture land, namely land for construction of greenhouses and other housing for crop production; land for construction of housing for livestock, poultry and other lawful animals; and land for aquaculture for the purposes of study, research and experimentation;

b) Repurposing into land for farming of other annual plants; repurposing of land for aquaculture into land for perennial plant farming;

c) Repurposing of land for perennial plant farming into land for aquaculture or land for perennial plant farming;

d) Repurposing of residential land into non-agricultural land besides residential land;

dd) Repurposing of land for economic/service activities into non-agricultural business land besides land for non-agricultural production facilities; repurposing of non-agricultural business land besides land for economic/service activities and land for non-agricultural production facilities into land for service structure construction.”

Article 6. To amend and supplement a number of articles of the Circular No. 61/2015/TT-BTNMT dated December 15, 2015 prescribing regulations on the issuance and management of land valuator certificates

1. To amend and supplement Point b and Point c, Clause 1, Article 3 as follows:

 “b) On page 2, print the following in black ink: “BỘ TÀI NGUYÊN VÀ MÔI TRƯỜNG” (“MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT”); “TỔNG CỤC QUẢN LÝ ĐẤT ĐAI” (“GENERAL DEPARTMENT OF LAND ADMINISTRATION”); valuator’s picture; “Có giá trị đến:” (“Valid until:”) and “Số Chứng chỉ:” (“certificate number:”).

The certificate number shall include 07 numbers, with the first 03 numbers being the ordinal number of the certificate and ranging between 001 and 999, the following 02 numbers being the number of the certificate register book and ranging between 01 and 10, and the last 02 numbers being the last 02 numbers of the issuance year of the certificate.

c) On page 3, print the following in black ink: official name of Vietnam; “CHỨNG CHỈ ĐỊNH GIÁ ĐẤT” (“LAND VALUATOR CERTIFICATE”); “TỔNG CỤC TRƯỞNG TỔNG CỤC QUẢN LÝ ĐẤT ĐAI” (“DIRECTOR GENERAL OF GENERAL DEPARTMENT OF LAND ADMINISTRATION”); "Cấp cho ông/bà:" (“Granted to:”); "Ngày sinh:" (“Date of birth:”); "Quốc tịch:" (“Nationality:”); "Số CMND/CCCD/Hộ chiếu" (“Identity card/Passport number”); "Ngày cấp" (“Issue date”); "Nơi cấp" (“Issuer”); "Được hành nghề tư vấn xác định giá đất trong phạm vi cả nước" (“Permitted to provide land valuation consultancy throughout the country”); date on which the land valuator certificate is signed; the signing person."

2. To amend and supplement Point dd, Clause 2, Article 5 as follows:

 “dd) The General Department of Land Administration shall be responsible for inspecting application dossiers; in cases where the application dossiers is eligible for granting the land valuator certificate, the Director General of General Department of Land Administration shall consider and decide to issue land valuator certificate to a qualified application within 15 days from the date on which the valid application dossier is received. The decisions on the issuance of land valuator certificate shall be made using the form in Appendix No. 05 issued together with this Circular;”

3. To amend and supplement Clause 2, Article 6 as follows:

 “2. An application dossier for the renewal or reissuance of land valuator certificate shall include:

a) An application form for the renewal or reissuance of land valuator certificate, which is made using the form in Appendix No. 04 issued together with this Circular;

b) Certificate of completion of refresher course in land valuation issued within 01 year before the date of applying for the renewal of land valuator certificate in cases of applying for renewal (the certified copy; if the copy is not certified, the applicant must bring the original copy for comparison);

c) The issued land valuator certificate if the applicant is applying for renewal or reissuance when the certificate is blurry or damaged;

d) 02 4x6 cm color photos taken within 06 months before the date of applying for the renewal or reissuance of land valuator certificate.”

4. To amend and supplement Clause 3, Article 8 as follows:

 “3. Based on regulations in Clause 2 of this Article, the Director General of General Department of Land Administration shall consider and decide to revoke land valuator certificates using the form in Appendix No. 06 issued together with this Circular.

The Decision on revoking land valuator certificates shall be sent to holders of certificates to be revoked and workplaces of these persons, and posted on the web portals of the Ministry of Natural Resources and Environment and the General Department of Land Administration.”

5. To amend and supplement Clause 2, Article 11 as follows:

 “2. The Director General of General Department of Land Administration shall consider and decide to issue, renew, reissue and revoke land valuator certificates; and submit periodic reports on the issuance, renewal, reissuance and revocation of land valuator certificates to the Minister of Natural Resources and Environment before December 31 of every year.”

Article 7. To amend and supplement The Circular No. 07/2015/TT-BTNMT dated February 26, 2015 prescribing regulations on the formulation of land use plans; formulation of dossiers on land use boundaries; cadastral map measurement and formulation; land rental determination; land allocation, land lease and issuance of certificates of land use rights and ownership of houses and other land-attached assets agricultural and forestry companies

1. To amend and supplement Article 8 as follows:

 “Article 8. Steps for handling of land handed over to local authorities

1. The Department of Natural Resources and Environment shall assume the prime responsibility in measuring land handed over to the local authorities in accordance with the master plan or plan on renovation and development and the land use plan of the agricultural or forestry companies which are approved by competent state agencies.

2. The Department of Natural Resources and Environment shall formulate and submit a dossier for revoking land use rights to the provincial People's Committee for signing the decision on land revocation.

3. The district-level People's Committees shall assist the provincial People's Committees in formulating and sending a land use plan for land handed over to local authorities within the administrative division under their management to the Department of Natural Resources and Environment.

4. The agencies in charge of natural resources and environment shall formulate and submit a dossier to the competent People's Committee for making decisions on land allocation, land lease, recognition of land use rights of the current land user in accordance with the approved land use plan; signing of land lease agreement in case of land lease; cadastral map edition (if any) for the issuance of certificates, on-site land handover and update of the cadastral dossier and land database.

5. The provincial People's Committees shall approve the plan for use of land handed over to local authorities in line with the actual local land management and use and in accordance with the following principles:

a) The plan must be in line with the land use plan approved by the competent state agency;

b) The plan must comply with law regulations on land, specifically on land classification, land user type, land use type, land use term, land use quota and conditions for recognition of land use rights.

c) The plan shall satisfy land use demand of prioritized groups as specified in Article 46 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014, detailing the implementation of a number of articles of the Land Law and the Government’s Decree No. 118/2014/ND-CP dated May 15, 2014 prescribing regulations on restructuring, development and improvement of agriculture and forestry companies;

d) The land allocation, land lease and recognition of land use rights must be carried out in a transparent, democratic, objective, honest and fair manner and must protect the legitimate interest and rights of relevant persons.”

2. To amend and supplement Article 10 as follows:

 “Article 10. Land allocation, land lease and issuance of certificates for agricultural and forestry companies

Based on the master plan on organizing, renovating and developing or of agricultural or forestry companies; the land use plan of agricultural or forestry companies which has been approved by competent state agencies, the Department of Natural Resources and Environment shall be responsible for formulating and submitting the application dossier to the provincial People's Committee for decision on land allocation, land lease and issuance of certificates for agricultural or forestry companies.”

Article 8. To amend and supplement the Circular No. 33/2017/TT-BTNMT dated September 29, 2017 prescribing in details about the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 amending and supplementing a number of decrees prescribing the implementation of the Land Law and amending and supplementing a number of articles of circulars providing guidelines for the implementation of the Land Law

1. To amend and supplement Clause 8, Article 7 (to add Article 9b to the Circular No. 24/2014/TT-BTNMT) as follows:

“8. To add Article 9b as follows:

Article 9b. Registration of land use rights and ownership of land-attached assets for organizations and individuals engaging in debt trading in accordance with regulations in the Resolution No. 42/2017/QH14 dated June 21, 2017 by the National Assembly

1. The registration of land use rights and ownership of land-attached assets for organizations and individuals engaging in debt trading in cases where the land use rights and ownership of land-attached assets originate from bad debts of credit institutions and foreign bank branches in accordance with the Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly shall be performed in cases where transactions of mortgage of land use rights and land-attached assets are made in accordance with law regulations on land and other relevant law regulations; the trading of debts being land use rights and land-attached assets takes place in accordance with law regulations on debt trading.

2. The application dossier for registration of land use rights and ownership of land-attached assets shall include:

a) Application form for changes in land and land-attached assets made using the Form No. 09/ĐK;

b) Original copy of the issued certificate;

c) Written agreement or contract on mortgage stating that mortgaged assets shall be handled by allowing the mortgagee/obligee to receive the collateral;

d) Document on debt trading in accordance with law regulations on debt trading, which specifies that the organizations, individuals who buy debts may inherit the rights and obligations of the mortgagee, oblige as agreed in the mortgage contract, the guarantee contract;

dd) Document on the handover of assets involved in debt trading or settlement document of competent state agencies in accordance with law regulations in cases where an agreement on the handover of assets involved in debt trading or the record of asset confiscation cannot be reached in accordance with law regulations in Clause 5, Article 7 of the Resolution No. 42/2017/QH14 dated June 21, 2017 of the National Assembly on piloting the settlement of bad debts.”

2. To amend and supplement Clause 1, Article 9 as follows:

“1. To add Article 5a and Article 5b as follows:

Article 5a. Application dossiers submitted to the Prime Minister for approval of repurposing of paddy land, land for protection forests and land for reserve forests to implement projects

1. The application dossier submitted by the provincial People's Committee to the Ministry of Natural Resources and Environment shall include:

a) Statement of the provincial People's Committee made using Form No. 03a issued together with this Circular;

b) Written approval for investment guidelines in accordance with law regulations on investment or written decision on investment guidelines in accordance with law regulations on public investment which are still valid at the date of submitting the dossier, except for cases where it is not necessary to carry out the procedures for approving investment policies in accordance with law regulations on investment or it is not necessary to carry out the procedures for deciding on investment policies in accordance with law regulations on public investment;

c) Decision approving the district-level annual land use plan and explanatory report on the district-level annual land use plan approved by the competent state agencies; copy of the extract of the cadastral map of the district-level annual land use plan which is formulated, signed and sealed by the Department of Natural Resources and Environment;

d) Resolution of the provincial People's Council approving list of projects requiring land use rights revocation for the cases specified in Clause 3, Article 62 of the Land Law;

dd) Afforestation plan approved by competent state agencies or document confirming payment for afforestation in accordance with law regulations on forestry for projects which repurpose land for protection forests or land for reserve forests or topsoil use plan in accordance with regulations of the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019 detailing a number of articles of the Law on Cultivation of plant varieties and cultivation for projects on repurposing paddy land.

2. The application dossier formulated and submitted by the Ministry of Natural Resources and Environment to the Prime Minister shall include:

a) Documents submitted by the Ministry of Natural Resources and Environment to the Prime Minister;

b) The dossier specified in Clause 1 of this Article;

c) Minutes of meeting of the Appraisal Council for approving the repurpose of paddy land, land for protection forests and/or land for reserve forests to implement investment projects, which is chaired by the Ministry of Natural Resources and Environment in collaboration with the Ministry of Agriculture and Rural Development and relevant ministries, branches (if any).

3. The appraisal dossiers for the repurpose of paddy land, land for protection forests or land for reserve forests to be submitted to the Prime Minister for approval of investment guidelines in accordance with law regulations at Point a, Clause 3, Article 32 of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 detailing a number of articles of the Law on Investment, including the components of the application dossier as prescribed in Article 31 of the Decree No. 31/2021/ND-CP, the dossiers specified at Point c and Point dd, Clause 1 of this Article, documents of the provincial-level People's Committees with the content specifying the remaining allocated land use quota by the time of proposing such project and the compliance with law regulations on land of the investors.

Article 5b. Application dossier submitted to provincial People’s Councils for approving the repurpose of paddy land, land for protection forests and land for reserve forests to implement projects

1. The application dossier formulated and submitted by the Department of Natural Resources and Environment to the provincial People's Committee shall include:

a) Statement to the provincial People's Committee made using the Form No. 03b issued together with this Circular;

b) Documents specified at Points b, c, d and dd, Clause 1, Article 5a of this Circular.

2. The application dossier formulated and submitted by the provincial People's Committee to the provincial People’s Council shall include:

a) Documents submitted to the provincial People's Council made using the Form No. 03c issued together with this Circular;

b) Documents specified in Clause 1 of this Article.”

3. To amend and supplement Clause 3, Article 11 as follows:

 “Article 6a. Compensation and assistance for the remaining land ineligible for use after land revocation

1. For organizations, households and individuals currently using agricultural land or non-agricultural land besides residential land, when the State revokes the land use rights and the remaining area is ineligible for use in accordance with regulations of the provincial People’s Committee, if the land user applies for land revocation, the competent People’s Committee shall consider and decide to revoke land and provide compensation and assistance as prescribed by the law.

2. The compensation and assistance expenditures for land revocation by the State for cases specified in Clause 1 of this Article must be included in the compensation, assistance and relocation plan and must be accounted into the expenditures for compensation, assistance and relocation of the investment project.”

Article 9. To amend and supplement the Circular No. 27/2018/TT-BTNMT dated December 14, 2018 on land statistics and stocktaking and mapping of current use of land

1. To amend and supplement Section 2.2.5.6. of the Appendix No. 01 as follows:

 “2.2.5.6. Land used for mineral activities shall be the land used for mineral exploration, extraction and processing in connection with the mineral extraction area, land used for construction of works supporting mineral activities (including offices, break-time houses and other works servicing workers in connection with the mineral extraction area) and safety corridors in mineral activities (including minerals being soil, rocks, sand and gravel used for production of construction materials, pottery, ceramics and glass issued with a mineral extraction license granted by competent agencies).”

2. To amend and supplement Section 2.2.5.7. of the Appendix No. 01 as follows:

 “2.2.5.7. Land used for construction material and pottery production shall be the land used for extraction of soil, rocks, sand and gravel (excluding soil, rocks, sand and gravel being minerals used for production of construction materials, pottery, ceramics and glass with a mineral extraction license granted by competent agencies) and land used as premises for processing and production of construction materials, pottery, ceramics and glass in connection with the extraction area.”

Article 10. Implementation responsibilities

1. Ministries, ministerial-level agencies, municipal and provincial People’s Committees and relevant organizations and individuals shall be responsible for implementing this Circular.

2. The General Department of Land Administration shall be responsible for inspecting and urging the implementation of this Circular.

3. The Departments of Natural Resources and Environment shall be responsible for assisting the provincial People’s Committees in implementing this Circular in their localities.

4. During the implementation of this Circular, should any problems arise, such problems should be promptly reported to the Ministry of Natural Resources and Environment for consideration and resolution.

Article 11. Implementation provisions

1. This Circular shall take effect from September 01, 2021.

2. In cases where the application dossiers for repurposing of paddy land, land for protection forests and land for reserve forests have been sufficiently and validly submitted in accordance with law regulations before the date on which this Circular takes effect, such dossiers shall not be required to be reformulated in accordance with regulations of this Circular. By the end of the land use plan period for 2020 if remaining allocated land use quota of a 2020 land use plan are not fully met, the municipal and provincial People’s Committees shall provide directions to add the quota to district-level annual land use plans for approval and implementation until the land use plan for the next period is approved.

3. In cases of repurposing of paddy land, land for protection forests and land for reserve forests which have been approved by the Prime Minister in accordance with the remaining allocated land use quota but have not completed by the end of the 2020 land use plan period, the provincial-level People’s Committees shall provide directions to update the land demand to district-level annual land use plans and propose the plans to competent agencies for approval to continue the implementation; and at the same time, update such changes into the 2021-2030 land use plan as prescribed by the law.

4. For the land use plans of agricultural and forestry companies and plans for use of land handed over to local authorities which have been approved by competent agencies before the date on which this Circular takes effect, such plans may continue to be implemented and shall not be required to comply with regulations of this Circular.

For land use plans of agricultural and forestry companies and plans for use of land handed over to local authorities which have not yet approved by competent agencies before the date on which this Circular takes effect, such plans must comply with regulations of this Circular.

5. In cases where the application dossiers for registration of land/land-attached assets or certificate issuance require a copy of identity card or military identity card or family register or another documentary proof of identity, the receiving agencies shall use data from the national population database instead of requesting the applicants to submit the abovementioned documentary proof of identity if the national population database has been shared and connected with other branches and sectors (including the land sector).

6. For district-level administrative units which do not have commune-level administrative units, the cadastral dossiers shall be formulated in accordance with the district-level administrative unit; for application dossiers requiring the confirmation of the commune-level administrative unit, the district-level People's Committee shall perform or delegate the confirmation in accordance with law regulations on local authority organization and resolutions of the Standing Committee of the National Assembly on establishment of district-level administrative units.

7. Clause 5, Article 11 of the Circular No. 24/2014/TT-BTNMT (supplemented in accordance with Clause 10, Article 7 of the Circular No. 33/2017/TT-BTNMT) shall be changed into Clause 7, Article 11 of the Circular No. 24/2014/TT-BTNMT.

8. This Circular annuls Clause 1, Article 19 and Clause 3, Article 20 of the Circular No. 02/2015/TT-BTNMT; Article 4, Clauses 2, 3, 4, 5 and 6, Article 7, Clause 1 Article 11 and Clause 1 Article 12 of the Circular No. 33/2017/TT-BTNMT; and Clause 6, Article 1 of the Circular No. 24/2019/TT-BTNMT.

9. To add Form No. 04dd/DK to the Circular No. 24/2014/TT-BTNMT; to replace Form No. 03a, add Forms No. 03b and 03c, tables 01 and 02 in Forms No. 3a, 3b and 3c and table 03 in Form No. 3a to the Circular No. 33/2017/TT-BTNMT; to replace Appendices No. 01, 05 and 06 of Circular No. 61/2015/TT-BTNMT./.


For the Minister

The Deputy Minister

Le Minh Ngan


* All Appendices are not translated herein.

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