Decree No. 53/2017/ND-CP dated May 05, 2017 of the Government on specifying lawful papers on land for grant of construction permits

DECREE

Specifying lawful papers on land for grant of construction permits^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 29, 2013 Land Law;

Pursuant to the June 18, 2014 Construction Law;

At the proposal of the Minister of Construction;

The Government promulgates the Decree specifying lawful papers on land for grant of construction permits.

Article 1.Scope of regulation

1. This Decree specifies lawful papers on land for grant of construction permits; responsibilities of agencies, organizations and individuals involved in the use of lawful papers on land for grant of construction permits.

2. Lawful papers on land for use as a basis for establishment of land use rights of organizations or individuals must comply with the land law.

3. The grant of construction permits must comply with the construction law.

Article 2.Subjects of application

This Decree applies to organizations, households and individuals applying for construction permits (below referred to as project owners); agencies competent to grant construction permits and related agencies, organizations and individuals.

Article 3.Types of lawful papers on land for grant of construction permits

A lawful paper on land for grant of a construction permit specified in this Decree is one of the following papers:

1. Land use rights certificate granted in accordance with the 1987 Land Law, the 1993 Land Law, the 2001 Law Amending and Supplementing a Number of Articles of the Land Law or the 2003 Land Law.

2. Certificate of land use rights and ownership of houses and land-attached assets granted under the 2013 Land Law and Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of the Laws concerning Capital Construction Investment.

3. Certificate of ownership of houses and residential land use rights granted under the Government’s Decree No. 60/CP of July 5, 1994, on ownership of houses and residential land use rights in urban areas, and the Government’s Decree No. 61/CP of July 5, 1994, on house purchase, sale and trading.

4. Certificate of house ownership; certificate of ownership of construction works granted under the 1991 Ordinance on Housing; the 2005 Housing Law; the Government’s Decree No. 81/2001/ND-CP of November 5, 2001, on purchase of houses in Vietnam by overseas Vietnamese; the Government’s Decree No. 95/2005/ND-CP of July 15, 2005, on the grant of house ownership or construction work ownership certificates; the Government’s Decree No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the Housing Law; Decree No. 51/2009/ND-CP of June 3, 2009, guiding a number of articles of the National Assembly’s Resolution No. 19/2008/QH12 of June 3, 2008, on pilot permission for foreign organizations and individuals to purchase and own houses in Vietnam; and Articles 31 and 32 of the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law; and other certificates of house ownership and construction work ownership granted in accordance with the land law, housing law and construction law in different periods.

5. Papers on satisfaction of the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets the holders of which have not yet been granted such certificates, including: papers specified in Article 100 of the 2013 Land Law; Article 18 of the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the 2013 Land Law, and Clause 16, Article 2 of Decree No. 01/2017/ND-CP of January 6, 2017, amending and supplementing a number of decrees detailing the implementation of the Land Law, or commune-level People’s Committees’ certifications of satisfaction of the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets as also certified by land registration offices.

6. Papers on land, for land areas allocated or leased by the State or having their use purposes changed after July 1, 2004, but for which certificates of land use rights and ownership of houses and other land-attached assets have not yet been granted in accordance with the land law, including the competent state agency’s land allocation decisions, the competent state agency’s land lease decisions enclosed with land lease contracts (if any), papers on winning of auction of land use rights or bidding for land-using projects, or the competent state agency’s decisions on permission for land use purpose change.

7. Reports on review and declaration of land use status, for land areas currently used by religious institutions for which certificates of land use rights and ownership of houses and other land-attached assets have not yet been granted and which have been inspected and handled by the provincial-level People’s Committees of localities where these land areas exist under Article 28 of the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law.

8. Papers on ranking of historical-cultural relics and scenic places, for grant of construction permits for construction, repair, renovation or relocation of historical-cultural relics and scenic places for which certificates of land use rights and ownership of houses and other land-attached assets have not yet been granted under Article 27 of the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law.

9. Land use rights certificate or written approval of construction location granted by district-level People’s Committees, for construction of billboards, telecommunications stations and antenna posts in areas not categorized as land used for construction and ineligible for land use purpose change.

10. Land rent contract between the project owner and manager or user of a traffic work or written approval by the competent state management agency in charge of transport of a work allowed to be built in the land area reserved for transport in accordance with law.

11. The competent state agency’s written permission for land use purpose change, in case the land user has obtained lawful papers on land specified in Clauses 1 thru 5 of this Article but applies for a permit for construction of a work for use for the purpose other than the land use purpose stated on such paper.

12. Documents issued by the competent state agency that has issued land use rights certificates at the request of the construction permit-granting agency to determine land areas of different categories, in case where the land user has one of the lawful papers on land specified in Clauses 1 thru 5 of this Article, but the area of each type of land is not stated in such papers for grant of the construction permit.

Article 4.Responsibilities of related ministries, agencies and units

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, disseminating, guiding and examining the use of lawful papers on land for grant of construction permits under this Decree; and at the same time revise and improve the guiding regulations, including procedures and dossiers for grant of construction permits in accordance with the construction law.

2. The Ministry of Natural Resources and Environment shall revise and improve the regulations on procedures and dossiers for grant of lawful papers on land in accordance with the land law.

3. Provincial-level People’s Committees shall organize the training of civil servants of local construction licensing agencies and land management agencies to properly implement the provisions of this Decree in the course of granting construction permits; inspect, examine, and handle acts violating the provisions of this Decree and other relevant regulations; periodically report to the Ministry of Construction and Ministry of Natural Resources and Environment on arising problems for summarization and reporting to the Government and Prime Minister under regulations; and direct and guide their attached agencies, including provincial-level Construction Departments and Natural Resources and Environment Departments, in disseminating, guiding and publicly listing lawful papers on land specified in this Decree so that project owners and related agencies, organizations, units and individuals may know and implement in accordance with law.

4. Construction licensing agencies shall base themselves on this Decree and other relevant regulations to grant construction permits under regulations; and create favorable conditions for agencies, organizations and individuals to carry out construction activities.

5.  Project owners shall take responsibility for the accuracy and truthfulness of lawful papers on land produced in accordance with this Decree when carrying out the procedures for grant of construction permits; and fulfill the land-related financial obligations in accordance with law.

Article 5.Effect

This Decree takes effect on June 25, 2017.

Article 6.Transitional provision

If dossiers of application for construction permit are submitted before the effective date of this Decree but for which such construction permit is not yet granted, project owners shall update their lawful papers on land as specified in this Decree in order to obtain a construction permit.

Article 7.Implementation responsibility

1. The Minister of Construction shall guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC