Circural No. 06/2007/TT-BTNMT of July 02, 2007, guiding the implementation of a numder of articles of the Government's Decree No. 84/2007/ND-CP of May 25, 2007, additionally stipulating the grant of land use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement when land is recovered by the state, and settlement of land-related complaints

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Issuing body:	Ministry of Natural Resources and Environment	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	06/2007/TT-BTNMT	Signer:	Mai Ai Truc
Type:	Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	02/07/2007	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Land - Housing

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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ---------
No. 06/2007/TT-BTNMT	Hanoi, July 2, 2007

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE No. 84/2007/ND-CP OF MAY 25, 2007, ADDITIONALLY STIPULATING THE GRANT OF LAND USE RIGHT CERTIFICATES, RECOVERY OF LAND, EXERCISE OF LAND USE RIGHTS, ORDER AND PROCEDURES FOR COMPENSATION, SUPPORT AND RESETTLEMENT WHEN LAND IS RECOVERED BY THE STATE, AND SETTLEMENT OF LAND-RELATED COMPLAINTS

Pursuant to the November 26, 2003 Land Law;
Pursuant to the Government’s Decree No. 84/ 2007/N'D-CPofMay25. 2007, providing additional guidance on the grant of land use right certificates, land recovery, exercise of land use rights, order and procedures for compensation, support and resettlement when land is recovered by the State, and settlement of land-related complaints;
Pursuant to the Government’s Decree No. 91/ 2002/ND-CP of November 11, 2002,defining the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;
The Ministry of Natural Resources and Environment guides the implementation of a number of articles of the Government’s Decree No. 84/2007/ND-CP of May 25, 2007. additionally stipulating the grant of land use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement when land is recovered by the State, and settlement of land-related complaints (referred to as Decree No. 84/2007/ND-CP) as follows:

I. DETERMINATION OF THE STARTING TIME OF LAND USE IN A STABLE. MANNER DEFINED IN CLAUSE 4 OF ARTICLE 3

If none of papers in Clause 2, Article 3, of Decree No. 84/2007/ND-CP is available, the commune-level People's Committee determine the starting time of land use in a stable manner as follows:

1. In the process of considering the grant of land use right certificates (referred to as certificates, when carrying out the verification and certification of the origin and starting time of land use, the status of disputes over the land plot and the consistency with the approved land use planning as prescribed in Clause 2, Article 135, and Clause 2, Article 136, of Decree No. 181/2004/ND-CP of October 29,2004, on the implementation of the Land Law (referred to as Decree No. 181/2004/ND-CP), the commune-level People's Committee shall collect opinions of inhabitants who have been living in the residential area since the time the land plot starts to be used for the current purposes. Opinions of these inhabitants must be recorded in writing according to a set form (not printed herein) and publicized together with a list of cases eligible and ineligible for the grant of certificates.

2. After finishing the publication according to regulations, the commune-level People's Committee shall consider opinions on the origin and starting time of land use for the current purposes and make certification in the application for a certificate, and send the application to the land use registration office together with the written opinions of inhabitants in the residential area and other papers as prescribed in Articles 135 and 136 of Decree No. 181/2004/ND-CP.

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