Vietnam: Regulations on land parcel information on land use right certificates

Vietnam: Regulations on land parcel information on land use right certificates

1. What is a land parcel?

According to Clause 1, Article 3 of Vietnam's Land Law 2013, a land parcel means a land area delimited by boundaries determined in the field or described in records.

2. Specifying information on land parcel in the Certificate

Specifying information on land parcel in page 2 of Certificate according to Article 6 of Vietnam's Circular 23/2014/TT-BTNMT (amended in Vietnam's Circular 33/2017/TT-BTNMT) is as follows:

(1) Land parcel number: write the number of land lot in the cadastral map in accordance with regulations on establishment of cadastral map of the Ministry of Natural Resources and Environment of Vietnam.

In case of using the excerpt of cadastral measurement (for localities having no cadastral map) for the issuance of Certificate, write the number of land parcel in the excerpt of measurement; in case of measurement of one land lot, the number of land lot is written as “01”.

(2) Map number: write the ordinal number of cadastral map with the land parcel issued with Certificate within the range of each of communal-level administrative unit. In case of using the excerpt of cadastral measurement for the issuance of Certificate, write the number of excerpt of land lot measurement.

(3)  Address of land parcel: write the area (field area, residential area,…); house address, name of street (if any), name of communal, district and provincial administrative unit where the land is located.

(4) Area: specify the area of land parcel in Arabic numerals based on square meter (m2) to be rounded to to one decimal.

Where there is an apartment building on the land parcel, only specify the area of land shared by owners of apartments under the provisions in Article 49 of Vietnam's Decree 43/2014/ND-CP on the land use regime for the construction of apartment buildings.

(5) Form of use is written as follows:

- In case the whole area of land parcel is under the use right of one land user (an individual, household, spouse, residential community, domestic organization, religious establishment, foreign individual, oversea Vietnamese person,….) then write “Separate use” in the section of form of use;

- In case the whole area of land parcel is under the use right of many land users, write “Joint use” in the section of form of use;

- In case the land parcel has garden and pond but the recognized residential area is smaller than the land lot with its form of separate or Joint use for each type of land, write “Separate use” and the purpose of use and the area of land of separate use; write “Joint use” and the purpose of use and the area of land of Joint use. Ex: “Separate use”: Residential land 120m2, land for perennial crop 300m2; Joint use: Residential land 50m2, land for annuals 200m2;

(6) The purpose of land use is written under the following provisions:

- The purpose of land use is uniformly written with the cadastral book by a specific name for the following types of land:

+ Group of agricultural land: “ Land for wet rice only”, “ Remaining land for wet rice”, “Land for upland rice”, “Land for other annuals”, “Land for perennials”, “Land for production forest”, “Land for protection forest”, “Land for special-use forest”, “Land for aquaculture”, “Other agricultural land”;

+ Types of non-agricultural land include: “Rural residential land”, “Residential land in urban areas”, “Land for office building”, “Land for defense”, “ Land for security”, “Land for building of non-business organization”, “Land for building of cultural establishments”, “Land for building of social service establishments”, “Land for building medical facilities”,

“Land for building educational and training establishments”, “Land for building of sports and fitness establishments”, “Land for building of scientific and technological establishments”, “ Land for building of diplomatic establishments”, “Land for building of other non-business works”, “Land for industrial parks”, “Land for industrial clusters”, “Land for export processing zones”, “Land for commerce and services”,

“Land for non-agricultural production establishments”, “Land used for mineral activities”, “Land for production of constructional materials and ceramics”, “Traffic land”, “Irrigation land”, “Land with historical and cultural monuments”, “Land with famous landscape”, “Land for living community”, “Land for public entertainment”,

“Land for energy works”, “Land for postal and telecommunications works”, “Land for markets”, “Land for waste and waste processing”, “Land for other public works”, “Land for religious establishments”, “Land for belief establishments”, “Land for building of cemetery”,

Or “Land for building of cemetery and crematory”, “Land for building crematory“, “Land for building of funeral home”, “Land with special-use water surface”, “Other non-agricultural land”;

+ Land parcel allotted, leased or recognized the land use right to one land user by the State for many purposes specified under Point a of this Clause and such purposes must be fully recorded.

Where the land lot is used for many purposes in which the main purposes and minor purposes are defined, then after the main purposes, write “main”;

+ Where the land parcel is used by many persons together with different purposes of use, in which each person uses land for a certain purpose, the Certificate issued to each person must specify the purpose of land use of such person and write “Land lot is also used for the purpose of……(write the remaining purposes of land use” of other persons” in the Note of the Certificate;

+ Where the land parcel has garden and pond in which a part of area is recognized as residential land and the remaining part is used as recognized for the purposes of the group of agricultural land, then write “Residential land” and the attached recognized area of residential land, then write each specific purpose of use of the group of agricultural land and attached area.

+ The identification of purpose of land use upon issuance of Certificate is done under the provisions in Article 11 of Vietnam's Land Law and Article 3 of Vietnam's Decree 43/2014/ND-CP.

(7) The duration of land use is specified under the following provisions:

- Where the State assigns or leases land, write the duration under the decision for land allotment or leasing; Where the State recognizes the land use right, write the recognized duration of use under the regulations of law on land;

- In case of using land with definite duration, write “Duration of land use until …/…/...(specify date, month and year of expiration)”;

- Where the duration of land use stable permanent, write "Permanent";

- Where the land parcel has garden and pond but the recognized area of residential land is a part of land lot, write the duration of land use as per each purpose of land use “Residential land: permanent; Land…(write the name of use purpose as per the reality of agricultural group of land for the area of garden and pond not recognized as residential land): Duration of land use until …/…/...(specify date, month and year of expiration)”;

(8) Origin of use is written under the following provisions:

- In case of being allotted land from the State without land use fees, write “allotted land from the State without land use fees”;

- In case of being allotted land from the State with land use fees (including the cases of land allotment through the auction of land use right; buying of building apartment and in case of being allotted land from high-tech industrial park or economic zone management board and in case of being reduced or exempted from financial obligations), write “the State allots land with land use fees”.

- In case of leasing land from the State with one time payment of rental for the whole duration of leasing (including the cases of land allotment through the auction of land use right; and in case of being allotted land from high-tech industrial park or economic zone management board and in case of recognition of land use right in the form of land leasing with one time payment of rental and in case of being reduced or exempted from financial obligations), write “the State leases land with one time payment of rental”;

- In case of leasing land from the State with annual payment of rental and in case of being reduced or exempted from financial obligations), write “the State leases land with annual payment of rental”;

- Where the land use right is recognized by the State but the payment of land use fees must be made, including households and individuals using land for the non-agricultural purpose as per the regulation on land allotment with land use fees under the regulations of law on land but not have to make payment or being reduced or exempted from financial obligations, write “Recognition of land use right as land allotment with land use fees”;

- Where the land use right is recognized by the State under the regulation of land allotment without land use fees, write “Recognition of land use right as land allotment without land use fees”;

- In case of issuance of Certificate from separation or combination of land lot or re-issuance or issuance or change of Certificate without change of purpose of land use, write the origine of land use as recorded in the Certificate first issued and specified in compliance with the provisions in this Circular.

Where the issued Certificate has no origin of land use recorded, based on the dossier for issuance of Certificate previously approved and regulations of law on land at the time of issuance of Certificate, the origin of land use shall be identified under the provisions in this Circular;

- In the case of a transfer of land use rights and a certificate is required to be issued to the transferee, the form of receipt of the right shall be recorded in turn;

Next, write the origin of land use as on the first-issued certificate and show it in accordance with regulations.

In the event that the land use right is transferred for other purposes but must carry out the procedures for changing the land use purpose, the origin of land use shall be recorded in the prescribed form in accordance with the form of financial obligation with the State after the land use purpose is changed.

In the event of recognition of land use rights with respect to the original land that has received the lawful transfer of land use rights from another person and this land is under the land allocation regime with the collection of land use levy in accordance with the land law, the following accounts shall be recorded. "Recognition of land use right as land allocation with collection of land use levy";

- In case of transfer of purpose of land use with the issuance of Certificate, write under the regulations for case of land allotment with land use fees from the State (if the land user makes payment of land use fees for the transfer of purpose);

Write under the regulations for case of land leasing from the State (if the land user transfers to land leasing or continue the land leasing as before transfer of purpose);

Write as before the transfer of purpose of land use for case where the land use right is recognized by the State without making payment for transfer of purpose and without transfer to land leasing;

- In case of land leasing, land sub-leasing from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zone, high-tech parks and economic zones in the form of one time payment, write “Land leasing with one time payment of from enterprises investing in industrial infrastructure (or industrial cluster, export processing zone,…)”.

In case of land leasing, land sub-leasing from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zone, high-tech parks and economic zones in the form of annual payment, write “Land leasing with annual payment of from enterprises investing in industrial infrastructure (or industrial cluster, export processing zone,…)”.

- Where the land parcel includes the areas with different origin of land use, write each type of origin and area with its attached origin.

- In case of reduction or exemption form financial obligations under regulations of law, write the reduction or exemption in the Certificate as stipulated in Article 13 of this Circular.

(9) Where the land user uses a lot of agricultural land parcels and needs the issuance of a joint Certificate, specify under the following regulation:

- Address of land user: indicating the joint address of land parcels, including name of field area (if any) and name of communal, district and provincial administrative unit;

- Information about land parcel, map number, area, form of use, purpose of use, duration, origin of use is indicated under the provisions in Item (1), (2), (4), (5), (6), (7) and (8) in the following table:

- Where the land users use many agricultural land parcels and cannot indicate all of them in page 2 of the Certificate, they shall be issued with Certificate for the remaining land lots as prescribed.

Quoc Dat

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