Thông tư 346/1998/TT-TCĐC

CIRCULAR No. 346/1998/TT-TCDC OF MARCH 16, 1998 GUIDING THE PROCEDURES FOR LAND REGISTRATION, COMPILING CADASTRAL DOSSIERS AND GRANTING LAND TENURE CERTIFICATES Pursuant to the Land Law of July 17, 1993; Pursuant to Decree No. 64-CP of September 27, 1993 of the Government stipulating the allotment of agricultural land to households and individuals for stable and long-term use for agricultural production; Pursuant to Decree No. 2-CP of January 15, 1994 of the Government stipulating the allotment of forestry land to organizations, households and individuals for stable and long-term use for forestry production; Pursuant to Decree No. 34-CP of April 23, 1994 of the Government on the functions, tasks, powers and organizational structure of the National Administration of Land Pursuant to Decree No. 88-CP of August 17, 1994 of the Government on the management and use of urban land; Pursuant to Decree No. 9-CP of February 12, 1994 of the Government stipulating the regime on the management and use of land for defense and security purpose; Pursuant to Directive No. 10/1998/CT-TTg of February 20, 1998 of the Prime Minister on stepping up and completing the land allotment and the granting of agricultural land tenure certificates; Pursuant to Directive No. 245/1998/CT-TTg of April 22, 1998 of the Prime Minister on organizing the performance of urgent tasks in the management of land use by domestic organizations with State-allotted or leased land; Considering the need to strengthen the uniform land management; Considering the need to speed up the process of land declaration and registration, compiling cadastral dossiers and granting land tenure certificates to organizations, households and individuals nationwide; At the proposals of the Director of the Department of Registration and Statistics and the Director of the Department of Legal Affairs, The National Administration of Land hereby provides the following guidance on the land declaration and registration, the compilation of cadastral dossiers and the granting of land tenure certificates: Part I GENERAL PROVISIONS I. LAND DECLARATION AND REGISTRATION I.1. All organizations, households, individuals who are Vietnamese citizens and foreign organiza-tions and individuals that are: 1. Allotted or leased land by the State of Vietnam; 2. Using land for various purposes; 3. Permitted to alter the land use purpose; 4. Permitted to exchange, transfer, lease, mortgage or inherit the land tenure right; shall have to register land with the People's Committees of communes, wards or townships, where they have land, according to the guidance of this Circular. Particularly for residential urban land, the land registration shall comply with a separate regulation. The People's Committees of communes, wards or townships shall have to organize the land registration, consider dossiers then submit them to the People's Committee of the competent level for granting land tenure certificates to organizations, households and individuals that are using land within the administrative boundaries of their respective localities. The Land Administration agencies of various levels shall have to assist the People's Committees of the same level in directly performing the tasks of registering land, compiling cadastral dossiers and granting land tenure certificates in line with the policies and plans of the People's Committees of each level and in conformity with the professional and technical regulations of the National Administration of Land in this Circular. 1.2. People who are responsible for declaring and registering land include: 1. Household heads or people who are authorized by household heads to act on the households' behalf; 2. Individuals or lawfully authorized persons; 3. The heads or persons who are authorized by the heads of organizations which are State agencies, political organizations, socio-political organizations, domestic economic organizations, foreign economic organizations, joint ventures in Vietnam between Vietnamese and foreign partners; 4. The heads or persons who are authorized by the heads of organizations of the Ministry of Defense: general departments, military zones, various services and corps, the border guard command, academies, schools, agencies and units attached to the Ministry of Defense, the military commands of the provinces and cities directly under the Central Government; 5. The heads or persons who are authorized by the heads of organizations under the Ministry of the Interior, the General Department of Logistics and units attached to the Ministry of the Interior and the police departments of the provinces and cities directly under the Central Government; 6. The Offices of the People's Committees of the provinces and cities directly under the Central Government 7. The Offices of the People's Committees of communes, wards and townships. I.3. Categories of land subject to declaration and registration: 1. Organizations, households and individuals shall declare the whole areas of land they are using, including the land areas which they have, at their own will, leased to other users, let their officials and employees build dwelling houses thereon, or are still left unused; but shall not have to declare the land areas rented or borrowed from other users. 2. The Offices of the People's Committees of the provinces and cities directly under the Central Government shall declare for registration in the cadastral books of the communes, wards and townships, where the land is located, the land areas owned by diplomatic missions, consular offices, other foreign representative offices with the diplomatic function, representative offices of international and inter-governmental organizations in Vietnam, and offices or representative offices of non-governmental organizations. 3. The Offices of the commune, ward or township People's Committees shall declare for registration in the cadastral books the following land areas: - Land on which working offices of commune administrative and non-business agencies are built; other types of special-use land used for public purposes, which are situated within the boundaries of each commune, ward or township or stretch over several communes and are under the direct management of the commune, ward or township People's Committees or without specific owners. - Agricultural land, forestry land, land with water surface used for aquaculture, land used for salt production, and other special-use land not yet allotted to organizations, households or individuals for a stable and long term use, which are currently under the direct management of the commune-level People's Committees for lease, borrowing or temporary allotment such as agricultural land earmarked for communes' public utility, hardly divisible agro-forestry land, etc. - Unused land including bare hills, rock mountains, riverbank and coastal alluvial deposits, rivers and streams, and waste water surface areas, etc., situated within the administrative boundaries of each commune. 1.4. The following land areas of organizations, households or individuals shall be considered for registration in the cadastral books and granted land tenure certificates: 1. Land areas that are newly allotted or leased for various purposes by decisions of the People's Committees of the competent levels; 2. Areas of agricultural land, forestry land, land with water surface used for aquaculture and land used for salt production already allotted for a stable and long-term use under Decree No. 64-CP of September 27, 1993 and Decree No. 2-CP of January 15, 1994 of the Government; 3. Areas of special-use land, residential land, agricultural land of various types, forestry land, land with water surface used for aquaculture and land used for salt production that are used directly by organizations, households or individuals whose legitimate use right has been considered and certified by the commune-level People's Committees in the process of filling the land registration procedures; 4. Land areas already determined following a review of the land use demands of domestic organizations which are State agencies, political organizations, socio-political organizations, people's armed forces units and already approved by the competent State agencies in strict accordance with the requirements in Directive No. 245-TTg of April 22, 1996 of the Prime Minister and Official Dispatch No. 862-CV/DC of July 16, 1996 of the National Administration of Land; 5. Land areas already determined to be subject to payment of land rents by domestic organizations that have to change to the form of land lease. 1.5. Land of various categories that is directly declared by the Offices of the commune-level People's Committees shall be only registered in the cadastral books but not granted land tenure certificates. 1.6. After the land has been registered, the granting of land tenure certificates to the following objects shall be subject to a separate guidance: 1. Religious organizations; 2. Foreign organizations and individuals. II. CONDITIONS FOR ORGANIZING LAND REGISTRATION AND COMPILATION OF CADASTRAL DOSSIERS. II.1. Communes, wards and townships shall organize land registration, compilation of cadastral dossiers and consider the granting of land tenure certificates on the basis of the cadastral maps with coordinates or making use of other detailed maps and plans of land plots that have been examined, assessed and adjusted, so as to ensure the clear determination of the location, form, area, category of each land plot as well as its user, suited to the actual status of land use at the time of registration and the specific conditions of each locality: 1. Areas of urban land, rural residential land and special-use land of various types: To organize land declaration and registration, compilation of cadastral dossiers, granting of land tenure certificates on the basis of available cadastral maps with coordinates or measuring each land area or plot, in special cases the cadastral maps of the former administration, detailed maps of land plots drawn under Directive No. 299-TTg of October 11, 1980 of the Prime Minister, detailed planning maps or maps on the actual land status that serve the allocation of land for house construction already designed for every land plot of each land user may be used; these above-mentioned maps and materials must be supplemented, adjusted and examined according to the requirements already guided in Official Dispatch No. 647-CV-DC of May 31, 1995 as well as other guidance of the National Administration of Land. 2. Agricultural land, forestry land, land with water surface used for aquaculture and land used for salt production: a/ The land registration, the compilation of cadastral dossiers and the granting of land tenure certificates must be carried out as soon as the measurement and drawing of cadastral maps with coordinates are finished b/ In localities where cadastral maps with coordinates are not available: the land declaration and registration, the compilation of dossiers and the granting of land tenure certificates are permitted to be done on the basis of making full use of existing documents and maps depending on the concrete conditions of each locality. Specifically; - Revising and updating the necessary elements on maps and documents already surveyed and measured according to Directive No. 299-TTg of October 11, 1980 of the Prime Minister; - Making use of the results of latest detailed maps of land plots in each communes (if any); - Supplementing aerial surveys already adjusted, ortho-maps or photo-maps - Documents, data and plans on the allotment of agricultural land to each household or individual under Decree No. 64-CP of September 27, 1993 and the allotment of forestry land under Decree No. 2-CP of January 15, 1994 of the Government. II.2. First-time land declaration and registration, compilation of cadastral dossiers and consideration of the granting of land tenure certificates shall be simultaneously organized all over the territories of communes, wards and townships or in part of a locality (such as villages, hamlets...) for unregistered land areas that are being used by all organizations, households or individuals. For localities that lack conditions for mass declaration and registration, organizations, households and individuals therein, if they wish, may be allowed to make declaration and registration and granted with land tenure certificates in separate cases. Organizations, households and individuals that are allotted or; eased new land by competent State agencies or permitted to take acts that cause land-related changes shall be entitled to register their land immediately after they complete administrative procedures for land allotment, lease or alteration of the land use purpose, or transfer of land tenure right, etc., and be granted land tenure certificates immediately after they complete land registration procedures. II.3. Cadastral dossiers shall be compiled right in the process of land declaration and registration and consideration of the granting of land tenure certificates. Cadastral dossiers shall be compiled according to a form applicable nationwide under the provisions of Decision No. 499-QD/DKTK of July 27, 1995 of the National Administration of Land and the guidance in this Circular. III. THE CERTIFICATE FORM AND MODE OF GRANTING III. 1. The form of land tenure certificates (hereafter abbreviated as LTCs) issued together with Decision No. 201-QD-DKTK of July 14, 1989 of the General Department of Land Management (now the National Administration of Land) shall be uniformly used nationwide for all plots of agricultural land, forestry land. land with water surface used for aquaculture, land used for salt production, residential rural land and special-use land of all categories, land plots with non-residential constructions thereon, residential land plots without any houses or makeshifts thereon in inner areas of cities, towns or townships. III.2. Land tenure certificates shall be granted to every land plot in the following cases: 1. Land used for various purposes in inner areas of cities, towns and townships; 2. Agricultural land, forestry land, land with water surface used for aquaculture that satisfy the following conditions: - Large land plots with stable and clear boundaries for use. - The number of land plots owned by one household is small (not more than five plots per household). - The concerned households wish to be granted land tenure certificates and agree to fulfill all prescribed financial obligations. 3. Residential land in rural areas if the locality has such policy or land users so wish; 4. Special-use land under the use right of organizations or individuals. LTCs shall be granted to every land plot provided that it has a cadastral map with coordinates or a sketch-map drawn under the guidance of the National Administration of Land. III.3. Land tenure certificates shall be granted to every household, one certificate may be granted for several land plots: This certificate-granting mode shall apply mainly to rural areas, regardless of whether the cadastral maps with coordinates are available or not and whether the land is agricultural land, forestry land, rural residential land or special-use land, in the following cases: - The land area of each household is too small and scattered - Each household has too many land plots and the numbers of land plots owned by households are changeable. III.4. For land plots which are used by several users but have no clear use boundaries between such users (co-users), each of the co-users shall be granted a certificate. III.5. Certificates of "restricted" land tenure right shall apply to agricultural land, forestry land, land with water surface used for aquaculture and land used for salt production in communes, wards or townships where cadastral maps with coordinates are not available;; the land declaration and registration and the consideration of granting of land tenure certificates shall be conducted on the basis of making use of available documents, materials and maps which have been examined and revised. When doing so, the two following requirements must be ensured: 1. Complying with the approval order and procedures as guided in this Circular; precisely determining each land user's lawful tenure right to each land plot. 2. Uniformly using the form of LTCs issued together with Decision No. 201-QD-DKTK of July 14, 1989, the seal of" Temporary Measurement" shall be stamped in the certificates according to the guidance in Part III of this Circular. IV. COMPETENCE TO CONSIDER, APPROVE AND GRANT LAND TENURE CERTIFICATES IV.1. The People's Committees of communes, wards or townships shall have to consider and determine each land user's lawful tenure right to each land plot when the land is registered for the first time. The concrete contents to be considered include:. - Clearly determining the origin of the land use, the time of commencement of use and changes arising in the course of use; - Determining the present status of land use in terms of use purpose, boundaries of use, disputes and other peculiar characteristics. IV.2. The People's Committees of districts, provincial capitals or cities shall sign to approve the granting of LTCs to households and individuals that use land for agricultural production, forestry, aquaculture, salt-making and the building of residential houses in rural areas. IV.3. The People's Committees of the provinces and cities directly under the Central Government shall sign to approve the granting of LTCs to the following land users: - Domestic organizations with land allotted or -leased by the State for use for various purposes; - Foreign organizations and individuals renting land in Vietnam; - Households and individuals that use different categories of land in inner areas of cities, towns and townships, special-use land in rural areas. Part II PROCEDURES FOR REGISTERING LAND AND CONSIDERING THE GRANTING OF LAND TENURE CERTIFICATES I. FIRST-TIME REGISTRATION OF LAND, CONSIDERATION OF THE GRANTING OF LAND TENURE CERTIFICATES TO ORGANIZATIONS, HOUSEHOLDS AND/OR INDIVIDUALS THAT ARE USING UNREGISTERED LAND I.1. Objects and scope of application: - Households and individuals: All the land areas being used for all purposes; - Domestic organizations including State agencies, political organizations, socio-political organizations and people's armed forces units: Land areas being used which do not fall into the category required to change to the form of land lease as prescribed in Directive No. 245-TTg of April 22, 1996 of the Prime Minister; - Agricultural, forestry, fishing and salt-making enterprises: Land areas directly used for agricultural production, forestry, aquaculture or salt production; - Other enterprises: Land areas which are subject to land tax payment under the Ordinance on House and Land Tax, land areas which do not fall into the category required to change to the form of land lease as prescribed in Directive No. 245-TTg of April 22, 1996 of the Prime Minister, land areas being used which fall into the category of paid land allotment. I.2. The land registration and consideration of the granting of LTCs shall be carried out in the following order: I.2.1 Preparatory work: 1. Setting up the commune, ward or township Land Registration Boards: a/ The Land Registration Boards are bodies that advise the commune, ward and township People's Committees in considering applications for land tenure registration at the commune level. b/ A Land Registration Board is composed of from five to seven members, including the following mandatory members: - A vice-president of the commune (ward or township) People's Committee: Chairman of the Board; - An official in charge of legal matters: Vice chairman of the Board; - A land administration official: Secretary of the Board; - The chairman of the People's Council: Member of the Board; - The heads of the villa