DECREE

Detailed rules for certain things, paragraph

of the Law of the No. 45 /2013/QH13

____________

Government Law Base December 25, 2001;

Land Law Base November 29, 2013;

At the suggestion of the Minister of Natural Resources and Environment,

The government issued a decree regulating the implementation of some of the provisions, paragraph of the Number of Land Law 45 /2013/QH13.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree rules out some things, paragraph of the Digital Land Law. 45 /2013/QH13 (later called Land Law).

2. The regulation of some of the provisions, paragraph of the Land Law on compensation, support, resettlement; land prices; money collection use of land; income of land lease, water rent; sanctions against administrative violations in the field of land carried out in accordance with other Decree. of the Government.

What? 2. Subject applies

1. The State Agency performs the powers and responsibilities of representative of the entire population of the land, carrying out the task of uniting the state ' s management of the land.

2. The land user is prescribed at Article 5 of the Land Law.

3. Other subjects are involved in the management, land use.

What? 3. Define the Land

The identification of the land for the use of land without a specified paper on Clauses 1, 2 and 3 Article 11 of the Land Law is done according to the following regulation:

1. The case is using stable land that is not due to overwhelm, occupy, the purpose of using the unauthorized land, the soil type is determined in the current state of use.

2. The case of using the land due to encroenter, taking, the purpose of using unauthorized land is based on the origin, process of management, land use to determine the soil type.

3. The case of chopping land is using a variety of purposes (not land in the garden, ponds in the same soil) then the identification of the soil is done according to the following regulation:

a) The case that defines the boundary used between the purposes of use is to separate the soil according to each purpose and determine the purpose of the use of the use of the land.

b) The case does not specify the boundary used between the purposes, the purpose of using the main land defined by the state of the status quo at the highest price in the price sheet provided by the Provincial People's Committee, the Central City of Central (later known as " The Provincial People's Committee is defined; the case of land use after the use of land use has been approved by the authority of the authority, based on the planning of land use to determine the main purpose.

4. The case for a mixed-purpose apartment building was built before July 1, 2014, of which part of the apartment floor area is used as offices, commercial facilities, services are the main use of the land area. The construction of the apartment building was established.

5. The agency that defines the type of land specified in Clause 1, 2, 3 and 4 This is the Provincial People 's Committee for the organization, religious grounds, businesses that have foreign investment, foreign institutions that have diplomatic function; the District People' s Committee, the district, the town, The city of the province (later known as the District People's Committee) for the household, the individual, the residential community, the Vietnamese settled abroad. The case of land recuperation, the authority of the authority to determine the type of land is the authority of the authority to recover the land by the rule of the land law.

Chapter II

LAND MANAGEMENT ORGANIZATION SYSTEMS AND SERVICES

IN MANAGEMENT, LAND USE

What? 4. Land Management Agency

1. Local land management agency including:

a) The land governing body in the province, the Central City of Central, is the Department of Natural Resources and Environment;

b) The land governing body in the district, county, town, in the province is the Department of Natural Resources and Environment.

2. The Provincial People's Committee, the District People's Committee, is responsible for the construction of the local land management apparatus; the People's Committee of the district, the township public office, the ward, the township guarantees the task.

3. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Internal Affairs specific to the function, duties and organizational structure of the local land management agency and the duties of the township public, ward, town.

What? 5. Implemation of service in the land field

1. Land registration office:

a) The Land Registry Office is a public career unit of the Department of Natural Resources and Environment created by the Provincial People ' s Commission established or reorganized on the basis of the merger of the Office of the Office for the Use of Land in the Department of Natural Resources and Environment and Office. The office of registration for the use of land in the Department of Natural Resources and Environment is available locally; there is a legal status, headquarters, stamp, and an open account to operate under the rule of law.

The Land Registry Office has the function of performing land registration and other property attached to the land; construction, management, update, unified orthography and land database; statistics, land inventory; and provision of land information on a scale. For organizations, individuals have a need;

b) The land registration office has branches in the counties, districts, towns, cities of the province. The Office of the Office for the Office of Land registration is implemented, the mandate and powers of the Land Registry by the decision of the Provincial People's Committee;

c) The operating fee of the Office of the Land Registry implemented by the regulation of the law on the financing of the public career unit.

2. Land Fund Development Organization:

a) Organization development organization is a public career unit established by the rule of law on the establishment, reorganization, dissolution of the public career unit; there is a legal status, based, stamp, and open account to operate on a scale. the law of law; branches in the districts, districts, towns, and cities. The organization for the development of the provincial land fund and the district level reorganized the development of the foundation on the merger of the existing provincial and provincial land fund development organization.

The development organization of the land fund has the creation, development, management, land fund exploitation; organization that performs compensation, support and resettlement; the transfer of land rights of organizations, households, individuals; organizations that perform the auction. the use of land and other services.

b) The operating budget of the Organization for the Development of the Land Fund implemented by the regulation of the law on financing for the public career unit.

3. Service activities in the field of land, including:

a) the census, the evaluation of the land; the land of the land;

b) The planning, the use of the land;

c) Measuring, setting up the main locale, the local record, building of the land database, the filing of the Certificate of Land certification, the ownership of the housing and other property attached to the land;

d) The question of land prices;

the power to use the land;

e) compensation, support, and resettlement.

4. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of the Interior, the Ministry of Finance for specific regulation of organizational structure, mission and operational mechanisms of the Land Registry Office, Organization for the Development of the Land Fund.

5. Land Registry Office and Land Fund Development Organization must be established or reorganized before December 31, 2015. In an unfounded period or reorganization of institutions by regulation at Clause 1 and Clause 2 This, the Office for the Office of the Use of the Land, the Development Centre for the Development of the Land Fund, has been established as a function, the mission has been assigned.

What? 6. Land Development Fund

1. The Land Development Fund stipulated at Article 111 of the Land Law was established by the rule of law on the establishment, reorganization, dissolution of the public career unit or commissioned for the Development Investment Fund, the local financial fund before the foundation. January 1, 2015. The foundation of the land development is the state financial institution, which is subordinated to the Provincial People's Committee, which has a legal status, independent accounting, has its own seal, which is open to account at the State Treasury and credit organizations to operate under the law.

For the established Land Development Fund before 1 July 2014, it continues to operate under the provisions of this decree.

2. The capital of the Land Development Fund is allocated by the state budget, which is invested in the local budget bill, which is granted at the beginning of the establishment, the annual periodic addition; mobiles from other sources of capital: funding, funding, support, or management trust. of international organizations, organizations and individuals in the country and abroad under the program or project of aid, funding, mandated by law.

The annual land use plan, the Provincial People's Committee, is responsible for the Council of the People's Council and the decision to determine the level of state funding for the foundation of the Land Development Fund when it is established, the additional level of extracts for the annual land development fund. In accordance with local conditions.

3. The land development fund used for funding for the Land Fund Development Organization and other organizations to perform compensation, release of the facet, and create land funds under the planning, land use plan has been approved by the authority.

4. Ministry of Finance presented the Government of the Government to the Management of Management, Use of the Land Development Fund; the regulation of the granting, the accounting, the payment of funds, mobiles, using the funds of the Land Development Fund and the trust mechanism for the Investment Fund. development, other local financial funds for the non-establishment of the Land Development Fund under the regulation of budget management and financial funds of the State.

The Committee of the Provincial Population is based on Articles 1, 2 and 3 This, the Model Management Regulation, uses the Prime Minister ' s Land Development Fund and other regulations that are relevant to decide to establish or regulate the function, the mandate of the Fund. Land development has been established previously and decided to organize the organization, capital, the operational mechanism of the Land Development Fund to suit the conditions and conditions of reality locally.

Chapter III

PLANNING, LAND USE.

What? 7. Set up, adjust the planning, land use plan

1. The responsibility of determining the need for land use in the planning, regulation adjustment, plan of use of the country to be regulated as follows:

a) The ministries, the industry that define the need for land use and propose projects of the sector, the field of charge according to each provincial administrative unit; the Provincial People ' s Commission identified the need for local land use;

b) The ministries, industry and the Provincial People ' s Committee send demand for land use on the Ministry of Natural Resources and Environment in the 45-day period since the date of receiving the text of the Ministry of Natural Resources and Environment on offer to register the need for land use;

c) The Ministry of Natural Resources and Environment, which balances the need for land use and envisage allocation of only national land use to each economic zone-the society and the provincial administrative unit.

2. Planning, provincial land use plan:

a) The responsibility for determining the need for land use in the establishment, planning adjustment, provincial land use plan:

The departments, which define the need for land use and proposed land use projects using provincial land use by district-level administrative units; the district-level People's Committee defines the need for local land use.

The department, industry and the District People's Committee grants the need to use the land on the Department of Natural Resources and Environment for the 30-day period since the date of receiving the text of the Department of Natural Resources and the Environment on offer to register the need for land use.

The Department of Natural Resources and Environment envisage the allocation of national land use and defining categories of projects in the planning, plan to use national land to each district-level administrative unit; aggregable, balancing the need for land use and expected. Allocation of provincial land use only to district-level administrative units.

b) Only the use of land in the use of the provincial land consists of only land use by land and the use of land according to the functional area.

Only land-based land uses include only land-based land use due to the national allocation of land allocated to the provincial level and the designation of land-based land use. The only land use of soil by the provincial soil is defined by the long-growing land; the land planted another year; the land is in the countryside; the land is in the municipality; the land builds its headquarters; the land builds the headquarters of the organization; the land builds its diplomatic base; Industrial cluster land; commercial land, services; land of agricultural production; land used for mineral activity; land development; land development; religious grounds; land as cemetery, cemetery, funeral home, cremation house.

Land use only includes agricultural areas including agricultural areas; forestry; nature reserve and biodiversity; industrial development; urban areas; commercial areas-services; rural neighborhoods.

c) In the case of necessity that must be changed in terms of scale, location and number of projects, the work in the same type of land but does not change the direction and area using the land as used in the use of the approved land use. The Provincial People's Committee is responsible for the granting of the Council of the People to the Council, directing an update on the planning, using a district-level land to organize.

3. Planning, plan to use the district-level land:

a) The responsibility for determining the need for land use in the establishment, regulation adjustment, plan of use of the district land:

The departments, the district board defined the need for land use and proposed land-use projects in the name of a district-only land using the district-level administrative unit; the People's Committee, the ward, the town (later known as the Social People's Committee). the need for local land use.

The departments, districts, and the People's Committee were sent to use the use of land in the Natural Resources and Environment Room for 30 days from the date of receiving the text of the Department of Natural Resources and the Environment on the recommendation to register the need for land use.

The Department of Natural Resources and Environment identified only provincial land use and project projects, plans to use the provincial land allocated to the district level to each of the township-level administrative divisions; aggregable, balancing the need for land use and projected allocation of land. Only use the district-level land to every single-level administrative unit.

b) Only the use of land in the use of the district-level land consists of only land use by soil type and the use of land according to the functional area.

Only land-based land uses include only land-based land use due to the use of the provincial land allocation allocated to the district level and the designation of land-based land use due to district-level, township-level identification. The only consumption of land by a district due to a district-level, the township's identification includes other agricultural land; the soil produces construction materials, making pottery; the land develops a district-level infrastructure, the township level; community life, the fun zone, public entertainment; and the land of religion; Rivers, rivers, canals, streams, streams, and water, and other non-agricultural land.

The only consumption of land according to the functional area includes the rice cultivation area; the long-time industrial plant area; the area of the jungle, the dense forest, the common forest; the industrial zone, the industrial cluster; the urban area-commerce-the service; the tourist area. calendar; village fishing, rural non-agricultural production.

4. During the planning organization, the plan to use defense, security, the Ministry of Defense, the Ministry of Public Security has a responsibility to coordinate with the Provincial People ' s Committee that determines the location, the area of land use on defense purposes, regulatory security. at Article 61 of the Local Land Law.

5. The Ministry of Natural Resources and Environment details sequence, content, regulation, land use planning.

What? 8. Take an opinion on the planning, land use plan

1. Records take on the planning, plan to use national, provincial and district-level land including:

a) Report summary planning, land use plans, including land use indicators, project categories, projects that are expected to implement in the planning period, land use plans;

b) The planning map, the land use plan.

2. The combined report, the reception, the people 's comments on the planning, the land use plan is publicly available on the electronic information page of the Ministry of Natural Resources and Environment, the Directorate of Land Management for the National Level; the Commission' s electronic information page. The population of the provincial population for the planning, the use of provincial land and on the electronic information page of the Commission of the People's Composition on the planning, plans to use the district-level land.

3. Take the opinion of the Provincial People ' s Commission on the planning, the plan to use the defense land, the security is stipulated as follows:

a) The Ministry of Defense, the Ministry of Public Security, sent a report on the planning of the planning plan, the use of defense, security for the Provincial People's Committee. In the 30-day period since the date received the filing, the Provincial People ' s Committee is responsible for contributing opinions and sending to the Ministry of Defense, Ministry of Public Security;

b) The Ministry of Defence, Ministry of Public Security, the reception, the opinion program of the Provincial People's Committee and the perfuming of the planning methodology, the plan to use the land before the Government approved.

What? 9. The procedure, custom procedure, planning approval, land use plan

1. Appraisal procedure, planning approval, provincial land use plan:

a) The Provincial People ' s Committee sends out planning records, plans to use land to the Ministry of Natural Resources and Environment to organize the appraisal;

b) In the period of no more than 05 days from the date of receiving valid enough records, the Ministry of Natural Resources and Environment is responsible for sending planning records, land use plans to members of the Planning appraisal Council, the plan to use the land for opinion;

c) The case is required, in a period of no more than 10 days from the date of receiving enough valid records, the Planning appraisal Council, the planning of the use of the test land, the field survey of areas that envisage the purpose of land use, in particular the transfer area. The purpose of the use of the land, the forest of the hedge, and the land of the forest,

d) In the period of no more than 15 days from the date of receiving valid records, members of the Council of Planning Planning, the plan to use the land that sends the opinion of the opinion made by writing to the Ministry of Natural Resources and Environment;

) In a period of no more than 10 days from the date end of the month ending, the Ministry of Natural Resources and the Environment is responsible for organizing a planning appraisal board, land use plan, and sending the planning of planning, planning, and planning. land to the Provincial People's Committee;

e) The Provincial Committee of the Provincial People to complete the planning profile, land use plan; the Provincial People's Assembly passed; submit planning records, land use plans to the Ministry of Natural Resources and Environment for approval;

g) In the period of no more than 10 days since the date of receiving enough valid records of the Ministry of Natural Resources and the Government of the Government approved the planning, the plan to use the provincial land.

2. Appraisal procedure, which approx the planning of using a district-level land:

a) The District People ' s Committee sends a planning profile to use land to the Department of Natural Resources and Environment to organize the appraisal;

b) In the period of no more than 05 days from the date of valid enough records, the Department of Natural Resources and Environment is responsible for sending land use planning records to the members of the Planning appraisal Council, the plan to use the land for opinion;

c) The case is required, in a period of no more than 10 days from the date of receiving enough valid records, the Planning appraisal Council, the planning of the use of the test land, the field survey of areas that envisage the purpose of land use, in particular the transfer area. The purpose of the use of the land, the forest of the hedge, and the land of the forest,

d) In the period of no more than 15 days from the date of receiving valid records, members of the Council of Planning Planning, the plan to use the land sent a notice of feedback by writing to the Department of Natural Resources and Environment;

) In a period of no more than 10 days from the date end of the month ending, the Department of Natural Resources and the Environment is responsible for organizing the Council meeting to judge the land use planning and to send a report of the decision to use the land to the staff. The people of the district

e) The District People's Committee to complete the land-use planning record; the district-level civil council passed; send a planning profile using land to the Department of Natural Resources and Environment for approval;

g) In the period of no more than 10 days since the date of receiving enough valid filing of the Department of Natural Resources and the Provincial People's Committee approved the planning of the use of the district.

3. Appraisal procedure, which approx the planning adjustment, plans to use the provincial land by regulation at Clause 1 Article; appraisal, regulatory approvation of planning the use of a district execution by regulation at paragraph 2 This.

4. Appraisal procedure, approx plans to use the annual land level:

a) The annual third quarter, the District People ' s Committee sent plans to use the annual land of the following year to the Department of Natural Resources and Environment to organize the appraisal;

b) In the period of no more than 05 days since the date of the valid filing of valid records, the Department of Natural Resources and Environment is responsible for sending a plan to use annual land use of the district to the members of the Planning appraisal Council, the plan to use the land for opinion;

c) In the period of no more than 15 days from the date of receiving valid records, members of the Board of Appeals submit comments that are written in writing to the Department of Natural Resources and Environment;

d) In the period of no more than 05 days from the end of the time of taking the opinion, the Department of Natural Resources and Environment held a Council meeting to judge the land use plan; send notice results of the plan to plan land use to the People ' s Committee. the district to complete the profile;

The Department of Natural Resources and Environment is responsible for the project's portfolio of the required land recall at Section 3 Article 62 of the Land Law to report the Provincial People's Provincial Committee to the Provincial People's Assembly through the same time as the budget capital decision. the state granted compensation, the release of the face at the annual meeting of the Provincial People's Assembly;

e) Based on the plan to use the annual land land plan has been perfated and the resolution of the Provincial People's Council, the Department of Natural Resources and Environment of the Provincial People's Committee for approval before December 31.

5. Appraisal procedure, planning approx, plan to use defense, security:

a) Department of Defense, Ministry of Public Security to file planning, plans to use land to the Ministry of Natural Resources and Environment to organize the appraisal;

b) In the period of no more than 05 days from the date of valid enough records, the Ministry of Natural Resources and Environment is responsible for sending records to members of the Planning appraisal Council, the plan to use the land for opinion;

c) In the period of no more than 15 days since the date of receiving the filing, members of the Council of Planning Planning, the plan to use the land that sends the opinion of the opinion made by writing to the Ministry of Natural Resources and Environment;

d) In the period of no more than 10 days from the date end of the expected deadline, the Ministry of Natural Resources and the Environment is responsible for organizing the planning appraisal board, land use plan and sending the planning of planning diligence, the use of the plan. land to the Ministry of Defense, Ministry of Public Security;

The Ministry of Defence, the Ministry of Public Security, corrects planning records, plans to use the land and sends records to the Ministry of Natural Resources and Environment for approval;

e) In the period of no more than 10 days from the date of receiving eligible for the Ministry of Natural Resources and the Government of the Government to approve the planning, the plan to use the country of defense; planning, the use of the land of security.

What? 10. The organization of the organization performs planning consulting activities, land use plans and more.

1. Career organization, business is active in planning planning, land use plan when there is sufficient following conditions:

a) There is planning and planning, land use;

b) There are at least 05 individuals eligible for regulation at Section 2 This.

2. Individuals who are employed by planning planning, land use planning, plan to use land when the following conditions are available:

a) of the power of the people;

b) There is one of the graduate degrees of college, after the specialized university in land management, the main site and other majors involved in the planning, land use plan; and

c) There is time to work in the planning field, land use planning and other specialized planning from 24 months or more.

What? 11. Make a plan, land use plan

1. The provincial and district-level committee is responsible for sweeping the planning, sector plan, sector, local use of land assurance that is consistent with the planning, land use plan that has been decided by the state agency, approved.

2. The Provincial Committee of the People's Provincial Committee, which examines the District People's Committee, the township-specific definition of the area, the land boundary, the common woodland, the field of the field of the field.

The Provincial People's Committee was responsible to the Prime Minister for the protection of rice cultivation, the land of use, and the land of the hedge was determined in the planning, the use of land use.

3. The Ministry of Natural Resources and Environment is responsible to the Government on the inspection of implementing land use only in the planning, national land use plan, provincial level and monitoring of localities, ministries, industry in the implementation of the planning, plan and plan. You know, use land.

4. The case to the time of the end of the land-use planning that uses land use in the planning, the land use plan that has not been done and is consistent with the overall economic development-social planning of the same level has been questioned by the state agency. Approval is continued until the next term of land use is approved, but for no more than 12 months from the time of the end of the use of land use.

What? 12. Resolve some of the content that arise about the planning, the land use plan after July 1, 2014

1. For the locality that land use planning as of 2020, the first five-year land use plan (2011-2015) of the district level, the commune was approved by the state agency before July 1, 2014, to be used to plan the use of the land. The land in 2015 granted the district; to regulate the use of the district-level land to 2020 and plan the use of the land annually by the provisions of the Land Law.

2. For the locality that the land use plan comes to 2020, the first five-year land use plan (2011-2015) of the district level has been approved by the state agency with approval and planning authority, plans to use unapproved township land before January 1, 2018. 7 years 2014 is not planning, planning to use a township. The land use plan by 2020, the first five-year land use plan (2011-2015) of the district level and the product of the planning project, plans to use the communal land to the planning communes, the land use plan used to plan the use of the land. for the 2015 land level; to regulate the land use plan until 2020 and plan the use of the land annually as defined by the Land Law.

Chapter IV

THE LAND, THE LAND, THE LAND, THE LAND.

CONVERT TARGET USE

What? 13. Take the opinion of the ministries for the land use project on the island and commune, ward, border town, coastal

1. For the project to have direct investment of foreign investors on the island and commune, ward, border town, coastal not part of the National Assembly, the Prime Minister approved, the investment decision, before considering an investment approval, The Provincial People ' s Committee sent the text to the opinions of the following regulations:

a) Department of Defense, Ministry of Public Security, Ministry of Foreign Affairs for land used in the island and commune, ward, border town;

b) The defence ministry for the land used in commune, ward, the coastal town adjacent to the land used for defense purposes, except for the case that identified the prohibited area by statute;

c) The Ministry of Public Security for the land used in township, ward, coastal town adjacent to the land used for security purposes.

2. During a period of no more than 20 days from the date of receiving an opinion text, the Ministry of Defence, Ministry of Public Security, Ministry of Foreign Affairs has a written opinion of the Provincial People's Committee.

3. Case of a specified project at Clause 1 This article uses rice cultivation, the land of the hedge, the ground-specific forest as specified at the Point A 1 Article 58 of the Land Law, the application of the ministries to be made prior to the Prime Minister's presentation.

What? 14. Regulatory regulation on the condition for the State of the Land of the Land, for the lease of the land, allows the purpose of transferring land use to implement the investment project

1. The project with land use must apply the regulation condition at paragraph 3 Article 58 of the Land Law of the Land:

a) The investment project for building housing to sell or to lease or to sell combinations of the lease according to the law of the housing law;

b) The real estate business investment project tied to the right to use land in accordance with the law of the real estate business;

c) The production project, the business does not use capital from the state budget.

2. The condition of financial competence to ensure the use of the land according to the progress of the investment project is regulated as follows:

a) Having the inherent capital to implement the project no less than 20% of the total investment on the project has scale land use under 20 hectares; no less than 15% of the total investment on the project has scale land use of soil from 20 hectares.

b) There is a capacity to raise funds to implement the project from credit organizations, foreign bank branches and other organizations, individuals.

3. The identification of the person assigned to the State of the Land, to the lease of the land, allows the purpose of transferring land use to implement the investment project not to violate the laws of the land on land for the use of land by the State of the Land, to lease land to perform. The other investment project is determined by the following bases:

a) The results of a violation of the land law violation on local projects are stored in the Department of Natural Resources and Environment;

b) Content published on the state of violation of land law and the outcome of violation of land law on the electronic information site of the Ministry of Natural Resources and Environment, the Directorate of Land Management for other local projects.

4. The timing of regulation of regulation conditions at this is done simultaneously with the appraisal of the investment demand of the investment holder when granting the investment certificate, the investment project appraisal, economic reporting-technical or investment approval in accordance with the investment. The provisions of the law on investment, the law of construction on the case of land, lease the land not through the use of land rights, the purpose of using the land. Where the power auction is used, the time of the appraisal was made before the organization of the power auction.

What? 15. The adverse cases affecting the land use of the investment project and the time to charge for a 24-month extension on the case of not putting the land into use or slow progress on land use.

1. The adverse cases affecting the land use of the investment project have been given by the State of the Land, which lease the land by regulation at Point 1 Article 1 Article 64 of the Land Law, which includes:

a) Due to the direct influence of natural disasters, environmental disasters;

b) Due to the direct influence of the fire, the plague;

c) Due to the direct influence of the war;

d) Other cases of resistance were decided by the Prime Minister.

2. The time to charge for a 24-month limit on the case of not putting the land into use or progress using the slow land use is as follows:

a) The case of a non-land investment project in use for a period of 12 consecutive months since the land delivery on the field allows the owner to be renewed for use of 24 months since the 13th month since the land delivery on the field;

b) The case of a 24-month-long-term investment project from the progress of the investment in the field since the return of land, the time to renew the 24-month land use is calculated from the 25th month since the end of the year. It's a construction site.

In the case of the project, the land lease on the soil, the extension of the 24-month land use is applied to each part of the land area; the time to renew the 24-month land use is calculated from the 25th month since the end of the year. It ' s built on the ground.

3. The Provincial People 's Committee is responsible for organizing a sweeping, processing and public publication on the electronic information page of the Provincial People' s Committee of Investment Projects that do not take the land into use in the continuous 12-month period or slow progress on land use 24 hours. Months ahead of the progress in the investment project; the projects are renewed; projects that slow progress on land use for insensitivity; provide information to be publicly available on the electronic information site of the Ministry of Natural Resources and Environment and Land Management Bureau.

What? 16. Use of land on purpose of production, business through the form of property purchases tied to the land, receiving transfer, lease rights to land, capital recognition by land use.

The use of land on the purpose of production, business through the form of property purchases tied to the land, receiving the transfer, the lease of the land, and the use of the right to use the land to ensure the following principles:

1. In accordance with the annual land use plan of the district level was approved and announced.

2. On the ground no longer land funds have been released on the ground to be used for manufacturing purposes, consistent business, except for the case of field projects, the site of encouraging investment.

3. The owner 's case to implement the transfer method of using land that must transfer the purpose of land use is only done after the competent People' s Commission has a written authority that allows the purpose of transferring the land, allowing for a correction. The shelf life for the use of land to be used for manufacturing, business.

4. The land of land area execution of the production project, the business that has the land area in which the land is using no transfer, lease, capital to the right of land by the rule of land law, the owner of the investment is allowed to negotiate. Buying property attached to the land of the person using the land, the State implemented land acquisition, the purpose of using the land and for the owner of the land lease to carry out the project. The contract for the sale of assets tied to the land must be shown that the property seller voluntarily returns the land to the State to recover the land and to the buyer of the property lease land.

What? 17. Notice of soil recovery, the Board of Enforcement Of The Forced Labor Recovery Board, the Forced Labor Recovery, which solved the complaint arise from the forced labor recovery.

The announcement of the recovery of the land, the Board of Entities Forced to Recover Soil, the Forced Labor of the country, settlement of the claim arise from the forced return of the land recall at Article 61 and Article 62 of the Land Law implemented by the following regulations:

1. The resource and environmental agency of the People ' s Committee on the same level approve the land recovery plan, investigation, survey, measure, count, including the following content:

a) The reason for the recovery of the land;

b) The area of the area, the location of the land recovered on the basis of the existing site or the construction of the construction details of the state authority approved by the state authority; the case of the recovery of the land according to the progress of the project, and the extent of the progress of the project;

c) The investigation plan, survey, measure, count;

d) Expected to relocate and resettle plans;

The task of setting up, carrying out compensation, support and resettlement.

2. The soil recovery message includes regulatory content at points a, b, c and d 1 This Article.

3. Into the Board of Coercve Implementation of the Forced Land Recovery:

a) President or vice president of the Committee of the District of the District as chief;

b) Members include the representation of financial institutions, resources and the environment, inspectors, judiciary, construction of the district; the Front of the Patriarchate of Vietnam; the organization for the duty of reparation compensation, the Committee of the People's Composition, and several others. The other member was decided by the Chairman of the District People's Committee.

4. Security forces based on the forced recovery of land to build order to protect order, safety in the process of organizing the decision to enforce the recovery of the land.

5. When the forced practice of recituation of land where the coercive refused to receive property as prescribed at Section 4 Article 71 of the Law of Land, the Board of Entities Coercive the estate to the People's Committee of the Governing Body of the Property in accordance with the provisions of the law.

6. The person with the return land, the organization, the relevant individual has the right to complain about the land recall by the law of the complaint.

While there was no decision to resolve the complaint, the decision was made to continue the decision to recover the land. The case of a state agency with authority to resolve the complaint concluded that the return of the land was illegal, which had to be stopped if the coercism had not been completed; the cancellation of the decision to recover the land was issued and the damages caused by the decision. The soil is caused (if any).

For the case of a land recall involving the rights and interests of the organization, the other individual in the use of the land under the provisions of the relevant law, the State proceeds to recover the land, forcibly implementing the decision to recover land on a scale. Not until the resolution is done and the obligation involves the use of the land between the person with the return and the organization, that individual pursues to the laws of the law.

Chapter V.

LAND REGISTRATION, LICENSE LEVEL.

LAND USE, HOUSING OWNERSHIP AND HOUSING.

OTHER PROPERTY ATTACHED TO THE LAND

What? 18. Other paperwork on the rights to land regulation at Point 1 Article 100 of the Land Law.

Other papers were established before October 15, 1993, in accordance with Article 1 Article 100 of the Land Law of the Land of the Land, including:

1. Land of the Land List, the pre-establishment notebooks before December 18, 1980.

2. One of the papers set up during the implementation of the land registration under Directive 299 -TTg on November 10, 1980 by the Prime Minister for the measure of measurement, ranking and registration of land statistics in the country due to the state agency. management, including:

a) The review of the Board of the Township Field Registration Council identifies who is using the land as legal;

b) The aggregation of cases of legal land use by the People's Committee of the People's Composition or the department of the department of land, or by the governing body of the land, is granted;

c) The application to register the use of the land for the absence of a specified paper at the point a and point b of this clause.

3. The project or list or text of the emigration to the new economic zone, resettlement immigration is approved by the District People's Committee, provincial or state authority.

4. The paper of the farm, the national forestry of the delivery of land to the labourers in the farm, the forestry to house the housing (if any).

5. Papers have content on housing ownership, work; on construction, housing repairs, buildings issued by the District People's Committee, provincial or state governing body for housing, building certification or permission.

6. The land-issued permit issued by the District People's Committee, Provincial Affairs; The proposed application was used by the People's Committee, the agricultural cooperative approved by the Commission on July 1, 1980, or approved by the People's Committee, the provincial committee. Review, approval.

7. The state agency ' s paperwork has jurisdiction over the delivery of the land to the agency, which organizes to layout land for cadres, employees self-making housing or building housing for the cadres, employees by non-state budget or by officers, Self-built employees built. Where the housing budget is a state budget, it must hand over the housing fund to the local housing regulator to manage, business under the rule of law.

8. Copy of the prescribed paper at Article 100 of the Land Law and regulatory papers at Clause 2, 3, 4, 5, 6 and 7 This is confirmed by the District People ' s Commission, provincial or district level management authority, provincial level for the case of copyright. The document was lost and the state agency no longer holds the records governing the licensing of that document.

What? 19. The cases do not grant the Land Use Rights Certificate, home ownership and other property attached to the land.

1. Organization, the residential community is administered by the State Council for administration of the prescribed cases at Article 8 of the Land Law.

2. The person is managing, using agricultural land in the utility land fund of township, ward, town.

3. The tenant, rehiring land of the land user, except for the lease case, the lease of the property of the construction investor, the infrastructure business in the industrial sector, the industrial cluster, the manufacturing sector, the high tech sector, the economic zone.

4. Land holders in agricultural, forestry, agricultural, forestry, forest management, forestry management, forestry management.

5. The person who is using the land is not eligible for the land-use certification, the ownership of the housing and other property attached to the land.

6. The land-user has qualified for the use of land use, property rights, and other property attached to the land but has been informed or decided to recover the land of the competent state agency.

7. The organization, the People 's Committee of the People' s State of the State of the State to not collect land use by the state for use on the purpose of building public works including roads, water leads, gasoline, oil, gas; power transmission lines, information transmission; area. It ' s fun for outdoor entertainment; cemetery, graveyard, and business.

What? 20. Level certificates of use of land, property rights in and other property attached to the land for households, individuals who are using the land without a license on the right to use the land and not violate the land law.

The granting of the license to use land, property rights in and other property associated with the land (recognition of land use) for the household, the individual is using stable land from before July 1, 2004 without one of the most prescribed types of paper. set at Article 100 of the Land Law, Article 18 of this Decree and does not belong to the specified case at Clause 1 Article 101 of the Land Law, Article 23 of this decree is carried out as follows:

1. Household, personal use of housing, other construction sites from before October 15, 1993; now the ground-based township-based township Commission has no dispute over land use; land use at the time of filing a Certificate of Paperwork. certification of land use, property rights in and other property attached to the land is consistent with land use planning, urban construction details planning or the construction of rural settlements or new rural construction planning has been established by the government in the United States. state with approval authorship (the following is generally the planning) or does not conform to the planning but has used the land before the time of regulatory approval. Planning or using land at the unplanned site is recognized for use of the land as follows:

a) For soil housing whose housing area is smaller or by the degree of regulation of land recognition at the Section 4 Article 103 of the Land Law (later known as the extent of land recognition in) the entire land area is recognized as a place of land.

Where the land of land has a housing area where the land area is greater than the extent of land recognition, the land area is recognized by the degree of recognition of land recognition; the land of land construction and housing services greater than the level of land recognition in the country. And the land that was in the field, according to the fact that it had built houses, and the works of the life of life;

b) For land that has construction work to produce, commercial, non-agricultural services, recognizing the land of agricultural production, commercial land, and service, the actual area of service built; the use of land is recognized. as the form of land that collects land use, the term of land use is long-term stability;

c) For land that has both housing and construction work to produce, trade, non-agricultural services whose land area is greater than that of land recognition, the land area is recognised by regulation at the point of this paragraph; the rest of the area has been found. Construction of manufacturing, commercial, non-agricultural services are recognized by regulation at this point b.

d) For the rest of the land area after it has been determined by regulation at the points a, b and c This paragraph are defined as agricultural land and are recognized as prescribed at Section 5 This.

2. Housekeeping, the individual who is using the housing land, other construction work during the period from October 15, 1993 to before July 1, 2004; now confirmed by the People ' s Commission as a no-land dispute; in line with the rule of law. Planning or not in accordance with the planning but land used before the time of the planning approval or use of the land at the unplanned site; no notice or decision to recover the land of the state agency with jurisdiction over the case must be revoked. then recognize the right to use the soil as follows:

a) For soil housing, where the land area is smaller or by the limit of the land on the provisions at Clause 2 Articles 143 and Clause 4 Article 144 of the Land Law (later known as the level of land delivery), the entire land area is recognized as a place of land.

The case of land-based housing that land area is greater than the extent of the land delivery, the land area is recognized by the extent of the land delivery; the land of the land construction site, housing construction, and greater life-serving buildings than the ground level. The land of the land, according to the fact that the building was built, and the buildings that lived therein;

b) For land that has construction work to produce, trade, non-agricultural services recognize the base of agricultural manufacturing; commercial land, service by regulation at point b 1 This Article;

c) For land that has both housing and construction work to produce, trade, non-agricultural services that land the land greater than the level of land delivery, land area recognition, non-agricultural production facilities; commercial land, regulatory services, etc. set at Point a and point b This paragraph;

d) For the rest of the land area after it has been determined by regulation at the points a, b and c This paragraph are defined as agricultural land and are recognized as prescribed at Section 5 This.

3. The case of land with a large number of households, the same individual, is limited to the extent of land at Clause 1 and Clause 2 This is calculated by the total land level of the household, the individual.

In the case of a household, the individual who uses a lot of land-based housing has the father 's origin to leave or receive the rights to use the land of his father' s origin, which is confirmed by the People ' s Committee as having been using stable land since before the 15th. Ten years 1993 and not a violation of land laws, the extent of the land is determined by regulations for each of those lands.

4. The application of the regulation of local land level limits to determine the land area in the prescribed cases 1, 2 and 3 This is done by regulation at the time of the land user filing registration, granting the Certificate of Rights to the United States. use land, property rights, and other property attached to the valid land.

5. Household, the individual who is using stable land on the purpose of the agricultural land group since July 1, 2004, is now confirmed by the People ' s Commission as a non-disputed land that is recognized the right to use the land as follows:

a) The household case, the direct individual producing agriculture, is granted the right to the right to use land, property rights, and other property associated with the land in the form of the State of the Land, which does not collect land on land. use but does not exceed the level of agricultural land delivery stipulated at Article 129 of the Land Law; the remaining agricultural land area (if any) must transfer to the state ' s land lease;

b) The case of household, non-direct individuals producing agriculture is granted the license to use the land, the ownership of housing and other property attached to the land in the form of state lease of the state to the land area being used; the deadline. Land lease is made in accordance with provisions at paragraph 2 Article 126 and paragraph 4 Article 210 of the Law of Land;

c) For the agricultural land in the same housing, the other construction site that is not recognized as a non-agricultural land stipulated at Clause 1 and Clause 2 This is the household, the individual is using the land that is granted a certificate of use. land, property rights in and other property attached to the land under the purpose of the status quo is used as the stipulation case at the point of this paragraph; if the use of the land offer to the use of non-agricultural purposes, it must be a transfer procedure. The use of the land and the use of land by law.

6. The implementation of the financial obligation when granting the Certificate of the Land to the Use of the Land, the ownership of the housing and other property is tied to the land in the prescribed cases at this Article in accordance with the provisions of the law.

7. Household, individuals who are using land in prescribed cases at Clauses 1, 2 and 5 This without sufficient conditions granted the right to the right to use land, property ownership in and other property attached to the land is temporarily used by land. following the status quo until the State recituate the land and must prescribe the prescribed land registration.

What? 21. The base determines the use of stable land

1. Use of stable land is the use of continuous land on a certain main purpose since the beginning of land use on that purpose at the time of the Certificate of soil use of land, property rights in and other property attached to the land or to the land. The time of the decision to revoking the land of the state agency has jurisdiction over the unissued case of a certificate of land use, certificate of ownership of housing, and the right to use the land, the Certificate of Use of the Land, Property Rights, and Property Rights. It is associated with the soil (the latter is known as the Certificate).

2. The timing of the start of using stable land is determined based on time and content that is associated with the purpose of using the land inscribed on one of the following papers:

a) The receipt of tax on the land of agricultural land, and of the tax of the land;

b) The border or decision to punish the administrative breach in the use of the land, the border, or the decision to punish the administrative breach in the construction of the land attached to the land;

c) The decision or conviction of the Court of the People of the People has taken effect, decided to enforce the sentence of the execs of the execs of the execution of the property attached to the land;

d) The decision to resolve the land dispute of the state authority had the authority to enforce; the reconciliation of the land dispute with the signatures of the parties and the confirmation of the representatives of the People's Committee on the land;

) The decision to resolve the complaint, the state agency ' s denouncing the authority to be involved in the use of the land;

e) Paper on permanent household registration, long-term residence in housing attached to the housing estate; Certificate of People's Certificate or Birth Certificate, pre-paid paper, water, and other charges of housing only at the registration land;

g) Paper on the delivery, subsection, house or land of the agency, the organization of the state entrusted by the State, using the land;

h) Papers on purchase of house sales, other property attached to land or paper on land purchases, transfer of the rights to the use of the land with the signatures of the parties involved;

i) The map, the ledgebook, the investigative material, the measurements of the land through the ages;

l) The log of the home registration, the confirmed land of the Social People's Committee at the time of the registration of registration.

3. The time case of land use is shown on the type of paper prescribed at Clause 2 This is not unionable, then the timing of the starting use of the stable land is determined according to the date dated to the date of the earliest land use.

4. The case does not have one of the prescribed types of papers at Clause 2 This or on that paper that does not specify the time of identification of the paper and the purpose of using the land must be confirmed by the Social People ' s Committee on the beginning of use of land and purposes. The use of land on the basis of gathering the opinions of those who have resided at the time of the beginning of the use of the land of the people requesting confirmation in the settlements (hamlets, villages, hamlets, maps, phums, squirts, people) where the land is located.

What? 22. The handling, granting of the right to the use of the land, property rights in and other property is tied to the land for household, the individual using the land-breaking land law before July 1, 2014.

1. The case of overland use, which occupies the public safety guard corridor after the State has announced, pluts the protective or encroamed corridor, taking over the road, curb, sidewalks after the State has announced the only construction or crowing of its land. For the purpose of building organ headquarters, career buildings, other public works, the State of the State recovered the land to return to the work without granting the license to the use of the land, property ownership, and other property associated with the land. The land is over, occupied.

In the case of land-use planning, construction planning was approved by the state agency, which is now land-dependent, and no longer part of the corridor for the safety of public buildings; it is not part of a road building. It is not intended to be used for agency headquarters, career buildings, and other public works, and people are using the land to be considered to grant access to the right to use land, property rights, and property, and to be able to do so. the legal obligations under the rule of law.

2. The case of land use, occupied by the State of the Land of the Land of the Land of the Land of the Land of the Land of the Land, is used by the State of the Land to use the land for the agricultural, forestry, and forest management departments, centers, stations, camps, agricultural companies, forestry, and forestry.

a) The case is using a land area of land, which is part of the protection and development of the forest, and the protection of the forest, and the protection of the forests, and the Provincial People's Committee, and the Provincial Committee of the Provincial People's Committee, to deliver it to the Forest Management Board, using the land. Who is using the land of land, occupies the Forest Management Board considering the security of the forest, developing the forest according to the laws of protection and development of the forest.

In the absence of the Forest Board, the person is using the land of land, taking the State of the Land to use the purpose of protection, development of the forest, and being granted the right to the right to use land, property rights, and other property attached to the land;

b) The case is using the land area of land, which occupies the land-based planning process for the purpose of building public infrastructure, the Provincial People's Committee of the Provincial People's Committee of the Act of Seizure Of Land. -Yeah.

The person who is using the land of infraction is temporarily used until the State recituate the land but must remain in the area of land use and must prescribe land registration by statute;

c) The overwhelming case, land-taking and now used for agricultural production purposes or housing and is not part of the protection and development planning of the common forest, the hedge forests, the construction of public infrastructure, and the use of the land is considered. License certification, property rights, property rights, property rights, property rights and property rights.

The dominant case, which took the land from July 1, 2004 to before July 1, 2014, is using the purpose of agricultural production and now the land area is still determined to be delivered to the farm, the management forestry, the Human Services Commission. The provincial population recovered from the province to return to the farm, the forestry.

3. The case of overcrowing, occupying the land that has not yet used or self-intended to use the purpose of using the land under the right of permission under the law of the land that has not been authorized by the state authority to allow for the execution of such matters:

a) The case is using land under the use of land for the purposes of regulation at Article 61 and Article 62 of the Law of Land, the State of the State of Land, before the implementation of the project.

The person who is using the land of violation is temporarily used until the State recituate the land, but must remain in the area using the land and must prescribe registration of the land by statute;

b) The case is using land that is not defined by the specified case at this point, the People's Committee of the Provincial People's Committee to control, regulate the planning of land use; the use of the land is considered to grant access to the use of the land, the ownership of the land. the house and property are tied to the land.

4. Household, the individual is using agricultural land due to the self-exploitation that the land is in line with the land use planning that has been approved by the state agency, without dispute, the State recognized the right to use land by the Commission of Human Rights. The provincial population rules; if the level is passed by the Provincial People's Committee, the area exceeds the level of the transfer.

5. The person who is using stable land in the prescribed cases at Clause 1, Point a and Point 2, Point 3 This without dispute is granted the right to the right to use the land, property ownership and other property attached to the land according to the rules as follows:

a) The case of housing has a housing area, and the land area is recognized by regulation at Point 2 Article 20 of this decree;

b) The case of land construction with a construction work is not a housing, it is recognized by regulation at Point 1 and point b 2 Article 20 of this decree;

c) For the portion of the used land area identified as agricultural land, it is recognized the right to use the land under the regime as stipulated for the case at Clause 5 Article 20 of this decree;

d) The land use of the land is granted the use of land use, property rights, and other property associated with the land specified in this clause must carry out financial obligations under the rule of law.

What? 23. The granting of the license to the use of the land, property ownership and other property attached to the land for the household, the individual was given the wrong authority.

1. Land that is not right for household authority, the individual stipulated at this includes the cases where the head of the land settlement or the People's Committee of the People's Composition is not correct in accordance with the laws of the land through the ages; organized by the State of the Land, leased land for use but self-distributed, layout for cadres, employees, the society for use as housing and other purposes.

2. The right-handed land case was used stable before October 15, 1993, with no dispute, in accordance with the planning, the person who is using the land granted a Certificate of Use of the Land, Property Rights, and Property. The land of the land has been intertwined with the land of the land that has been assigned to the provisions of Article 20 of this decree.

3. The right-handed land case was in stable use from October 15, 1993 to before July 1, 2014, with no dispute, in accordance with the planning, issued a Certificate of Use of the Land, Property Rights, and Home Rights. The other property is tied to the land by regulation at paragraph 2 Article 20 of this decree.

The case with garden land, pond attached to housing or other construction work, the remaining area has no housing, the construction site identified as agricultural land in the current state of use, if the land user offers to be transferred to use. If you use non-agricultural purposes, you have to do the purpose of transferring the purpose of land use.

4. The land use is granted the right to use the land, property rights, and other property associated with the land specified in Clause 2 and Clause 3 This must carry out financial obligations under the rule of law.

5. The state does not grant the Land Use Certificate, the ownership of the housing and other property attached to the land and the recovery of the entire land of the land that has been delivered, the non-jurisdiction, since 1 July 2014 onwards.

What? 24. Identilocate land area at the level of the license to use land, property rights in and other property attached to the land for the household, the individual using the garden land, ao attached to the housing estate.

1. The ground, which regulates at the Article 103 of the Land Law applies to the case of a garden, which is attached to the housing, including soil in and outside the residential areas of the following cases:

a) The land is now in the house and the garden, and the pool;

b) Thopping the land that was on paper on the right to use the land specified in Clause 1, 2 and 3 Articles 100 of the Land Law and Article 18 of this decree can present housing and gardens, ponds but status quo has shifted all over to the housing.

2. The type of paper made the base of the land area in accordance with the provisions of Clauses 2, 3 and 4 Article 103 of the Land Law is the identification of one or more purposes, but the purpose of being a housing, land, or country.

3. The case of a garden with a garden, a pond attached to the housing that was formed before December 18, 1980, who is using one of the prescribed land rights papers at 1, 2 and 3 Articles 100 of the Land Law and Article 18 of Parliament. This is, in that paper, which is unknown, the land area of the land area is recognized not to pay for the soil by the fact that the actual area of the land is not equal to the fact that the land of the land is less than 5 times the size of the land, which is the limit of five times the size of the land. The level of land delivery in the case of an area of land area is greater than 05 times the limit of land to the rule of the Law of Land.

4. The remaining land area after having identified land area in regulation at Article 103 of the Land Law and Clause 3 This is now the garden, the pond that the land user recommended to be recognized as land in or other non-agricultural land is issued. The right to use land, property rights, and other property is tied to the land by that purpose and must carry out financial obligations under the rule of law.

5. The land area of the household, personally in the case of a land-based parcel of land, the pond that was granted the certificate prior to 1 July 2014 was determined as follows:

a) The household, the individual who uses the soil with a garden, the pond attached to the housing house was granted the certificate prior to July 1, 2014, the land area identified as a record area on the Certificate of Issued Certificates;

b) The case at the time of the previous Certificate of Certificate The Land user has one of the prescribed types of paper at 1, 2 and 3 Articles 100 of the Land Law and Article 18 of this Decree but the land area is not defined by regulation. at Clause 2, 3 and 4 Article 103 of the Land Law, Clause 3 This and has not been redefined by regulation at Point b and Point 1 Article 45 of the Digital Protocol 181 /2004/ND-CP October 29, 2004 of the Government on the Law of the Land Act of 2003, the land use has a proposed application of land area, or when the State of the State recalers the land, the land area is redefined as specified in Clauses 2, 3, and 4. 103 of Land Law and Clause 3 This; households, individuals who do not have to pay for land use, are compensated when the State of the Toll Land has been redefined as land.

What? 25. Level certificates of use of land, property rights in and other property attached to the land for domestic organization are using land that is not under the prescribed case at Article 46 of this Decree.

1. The organization in the country is using land that has not been granted a self-reviewed certificate, prescribation of land use and reports the Provincial People ' s Committee where the land is located.

2. On the basis of reporting the organization 's land use, the Provincial People' s Committee where the land examines the actual use of the land and decides to handle the following regulation:

a) The land area of the organization is using the right purpose then the state agency has the authority to determine the form of land use by the rule of law and grant the Certificate of Use of the land, property rights in and other property attached to the land; the school. The use of land without a permit issued in Article 100 of the Law of the Land and Article 18 of this decree, in accordance with the formal form of land use in Articles 54, 55 and 56 of the Law of Land, the building of the headquarters of the social organization-the real profession. currently in the form of the provisions of the land prescribed at Article 56 of the Law of the Land;

b) The term of land use is granted the use of land use, the ownership of the housing and other property associated with the land specified at the Point of a clause to the case with a permit for the use of the land prescribed at Article 100 of the Law of Land and Article 18 of the Law. This decree is determined by that document. The case with paper on land rights that in the paper did not write the use of the land or date of land use but did not conform to the rule of the land law, the time the land use was determined by regulation at Article 126 of the land. Land Law and calculated from 15 October 1993 to the case of land use prior to October 15, 1993, calculated from the date of the decision to deliver the land, lease land to the case of land use from 15 October 1993 onwards;

c) The land area of use is not true, land area due to lack of responsibility for being encrooccupied, occupied; land area has been given to other organizations, households, individuals hired or borrowed to use; land area has been joint venture, bonds of law; land area is not used for more than 12 months or the slow usage progress has been so 24 months the Provincial People ' s Committee decides to handle the rule of law;

The land area of the organization that has arranged for the household, the individual is the staff, the employees of the organization, and the employees of the housing organization are handed over to the District People's Committee, where the land is governed; the land in which the land is in line with the planning is issued. receive the right to use the land, property rights in and other property attached to the land for the person who is using and must carry out the financial obligations under the rule of law;

The area of the land is disputed, and the Committee on the Provincial People's Committee resolved the decision to determine the use of the land by law.

What? 26. The granting of the license to the use of the land, property rights in and other property associated with the land for the building of the municipality, rural neighborhoods, the business district has many purposes of using different land.

1. Land to the investment holder for the implementation of the urban area construction project, rural residential area that in the project identifies there are many works items or many parts of land area that are intended to use different land by regulation at Article 10 of the Land Law. having to specify the location, the area according to each purpose of using the land and granting the Certificate of Use of the land, the ownership of the housing and other property attached to the land as follows:

a) The granting of the Certificate of Use of the Land, the ownership of the housing and other property attached to the land is made for each land used for each purpose, in accordance with the detailed construction planning that has been approved by the state authority;

b) For the land area used for the purpose of building public works for the common interests of the community in and outside the metropolitan area, rural residential areas under investment projects and detailed construction planning have been questioned by the state authority. The right to approve the authority of the local government without granting a license to the use of the land, property rights, and other property associated with the land.

2. Land to the investment holder for the implementation of the production project, the business of many parts of the land of different uses is granted a Certificate of Use of the Land, the ownership of housing, and other property attached to the land for the owner of the entire country. The land area, which shows its location, the land area of each purpose of land use as defined in Article 10 of the Land Law. The owner of the investment holder is the need for the land to accept the use of land, property rights, and property, and property rights, and property rights, and property rights, and property rights, and property rights, which are tied to the land for every single purpose in accordance with the provisions of the law of the land, in accordance with the planning process. It was approved by the state agency.

What? 27. Level certificates of use of land, property rights in and other property attached to the land for land with historical-cultural heritage, scenic, scenic, and cultural heritage.

The granting of the Certificate of Use of the Land, property rights to housing and other property associated with the land for the land of historical-cultural heritage, the scenic name has been ranked or the Provincial People ' s Committee decided to defend the implementation under the rule of law. The following:

1. The land has a history of history-culture, identity of independence from the agency, the organization, the residential community, the household, the individual is using, the Certificate of Use of the Land, the ownership of housing and other property attached to the land granted to the agency, the organization. The community, the household, the individual.

2. The case of historical-cultural heritage, scenic scenic is a region of many people using land, including many different types of land that grant access to land use, property rights, and other property associated with land for each user, Every single land in that area. Land users must follow the rules for the protection of historical-cultural heritage, scenic landmarks.

What? 28. Level certificates of use of land, property rights in and other property attached to the land to the land due to the religious base being used.

1. Religious grounds are using temples, churches, saints, mosques, monasteries, private training schools of religion, the headquarters of the religious organization and other facilities of the state that are allowed to operate without being granted the right to the right of the right to be granted. using land, housing ownership and other property attached to the land must be self-controlled, prescribe the use of the land and report the Provincial People ' s Commission under the following content:

a) The total land area is in use;

b) The land area of the religious basis is divided by the origin of the origin of the state; the state authority has authority over it; the recipient of the concession; the organization of the organization, the household, the individual, the individual; and the foundation;

c) The land area that the religious establishment has given to the organization, household, private borrowing, in thanks, rent;

d) The land area was taken over by others.

2. The Provincial People ' s Committee where there is a real examination land, determine the specific boundaries of the land and decide to handle the following regulation:

a) The land area in which the organization, the household, the individual used stable before October 15, 1993, is based on the need for the land of the religious and organizational basis, the household, the individual to address it in order to secure the rights to the land use of the parties. consistent with reality;

b) The land area for which the organization, the household, the individual used from 15 October 1993 to before 1 July 2004 was resolved as to the case of a family, the individual who borrowed the land, the lease of the household, the other individual according to its provisions. The law of the land;

c) The land area extends to a religious basis that is not allowed by the state authority to allow; to be overtaken; it is disputed; it is disputed that the Provincial Committee of the People's Committee to resolve the termination of the law.

3. The land area of the religious base after the prescribed treatment at Clause 2 This and there is sufficient regulation at Clause 4 Article 102 of the Land Law the religious establishment is granted a Certificate of Use of the Land, Home Property Rights, and Other Property. attached to the soil in the form of landless land that does not collect land use with a long-term stable land use.

The land case is used by the religious establishment for agricultural production purposes, forestry production, non-agricultural business manufacturing, as a basis for charity (including the transfer of transfer, received prior to July 1, 2004). It is granted the right to use land, property rights, and property rights associated with the land in the form and the shelf life that corresponds to that purpose as to the household, the individual.

What? 29. Level certificates of land use, property rights in and other property associated with land for land-based case with a minimum area of less than a minimum area.

1. The land of use is formed prior to the date of the prescribed text of the Provincial People 's Committee on the minimum area separated by the enforcement effect that the land area is less than the minimum area under the provisions of the Provincial People' s Commission. But there is sufficient access to the right to use land, ownership of housing and other property that is tied to the land, and the use of the land is granted the right to the use of the land, the ownership of the housing and other property associated with the land.

2. Unproven, corroborated, grant Certificate of Land Use Rights, property rights in and other property attached to the land and not to be made the procedure of carrying out the rights of the land-based person to the registered self-splitting of the registered land, has died. is granted a certificate of two or more soil in which at least one parcel of land has a smaller area than the minimum prescribed by the Provincial People's Committee.

3. The case of land-based users applying soil to parcel land is less than the minimum area at the same time as the application of that land with another land adjacent to form a new parcel of land equal to or greater than the minimum area. It ' s separated, and it ' s allowed to be separated at the same time as the merger and the license level of the use of the land, the ownership of the housing and the other property that is attached to the land to the new soil.

What? 30. Level Certificate of Use of the land, property rights in and other property attached to the land for the property case of a user located on multiple administrative units.

1. The case of land use is a variety of communes, wards, towns, but the same jurisdiction grants the right to use land, property ownership, and other property attached to the land of an organ, granting a Certificate of Use of the Land, Rights. Property and property are associated with the land for the land use; it must determine each area of the area of the individual administrative unit.

2. The case of land use of a variety of communes, wards, the jurisdiction of the authority to grant the use of the land, the ownership of housing and other property attached to the land of various agencies, the Certificate of Use of the Land, Property Rights. Other housing and property attached to the soil by land-based property of the certificate authority certificate authority to use land, property rights, and other property associated with the land.

What? 31. Certificate of Home Property Rights

The owner of the property in the property that is owned by the property at the rule of the housing law and whose papers prove that the legal establishment of the residence is to be certified by the following regulations:

1. Household, domestic individual must have one of the following types of papers:

a) The housing construction permit for the case must apply for a construction permit under the provisions of the law on construction.

The housing case that was built is not true for a licensed construction permit, and it has the written opinion of a licensed organ that has licensed the construction of the unlicensed construction site that does not affect the work safety and now in accordance with it. construction planning has been approved by the authority;

b) The state-owned housing purchase contract by regulation at Decree No. 61 /CP on 5 July 1994 of the Government on the purchase of the sale and business of housing or paperwork of liquetization, housing prices in state ownership since July 5, 1994;

c) Papers of the delivery or donation of the state, the love house, the union house;

d) The paper on the ownership of the housing was granted by the competent authority over the periods in which the state was not a state-owned state-owned by the United States. 23 /2003/QH11 November 26, 2003 of the 11th National Congress on the State of the State Administration, the layout used during the implementation of the policy on the management of the land and the policy of socialist reforms before 1 July 1991, Resolution No. 1 755 /2005/NQ-UBTVQH11 April 2, 2005 of the Standing Committee of the Standing Committee of the National Assembly stipulated the settlement of some specific cases of the state during the implementation of the state administration policies and the policy of socialist reform prior to 1 July 1991;

Papers on purchase or receiving for or receiving or receiving a housing inheritance have the certification of the witness or endorsement of the competent People's Committee under the rule of law.

The home case, which was purchased by the purchasate, was awarded for, in exchange, since 1 July 2006, it had to be written about that transaction in accordance with the law of the housing law.

The home case for the purchase of the investment business for sale is required to have a contract purchase contract due to the two signage parties;

e) The sentence or decision of the People ' s Court or the paper of the state agency whose authority to address the right to own housing has been in the law of law;

g) The case of the recommended recipient of the housing ownership has one of the prescribed papers at points a, b, c, d, e, and e. The residence before 1 July 2006 had the signatures of the relevant parties and had to be confirmed by the People's Committee; the housing case, which was purchased by the buyer, received it, in exchange, to accept the residence before 1 July 2006 without papers on the sale, The recipient of the letter, in exchange, receives the signature of the relevant parties, and it has to be confirmed by the People's Board of the People's Committee on the time of the purchase. The house is there.

The case of the recommended recipient of the housing ownership has one of the prescribed papers at points a, b, c, d, e, and e This clause that the housing status is not suitable for that paper, the housing section is not suitable for the paperwork must be issued by the People ' s Commission. This is confirmed by the law at this point.

h) The individual case in the country does not have one of the prescribed papers at points a, b, c, d, e, and e This paragraph must have the confirmation papers of the Committee of the Social People's Committee on the completed building before July 1, 2006, was built. Prior to the planning of land use, construction planning, or planning to conform to the construction case after the planning of land use, urban planning details, the planning of rural settlements by law. The completion of the construction site since 1 July 2006, it is announced that the confirmation papers of the House People's Committee on non-campus housing must apply for permission to build and respond to the planning conditions such as building housing. Prior to July 1, 2006, the object's case was required to apply for construction without permission, and the management agency's papers on the construction of the district approved for housing there.

2. The Vietnamese who settled abroad owned housing in Vietnam must have the following papers:

a) Papers on the purchase or admission to or recognize the housing or home ownership in through other forms according to the rule of the housing law;

b) One of the papers of the transfer authority stipulated at Clause 1 and Section 3 This.

3. Organization in the country, Vietnamese residing abroad carrying out investment projects, foreign organizations, foreign individuals must have papers in accordance with the following regulations:

a) The case for a housing construction to business is to have one of the papers on the housing development project for business (the decision to approve the project or the investment decision or investment certificate or investment certificate);

b) The case of the purchase, which is given to them, to accept the inheritance of the house, or to the possession of the house, by the way of the law, according to the law of the law, it shall be written according to the law of the law of the house;

c) The established housing case is not consistent with the specified paper at Point a and this B Point is required by the written opinion of the competent authority to confirm the validation of the untimely construction area that does not affect public safety. presented and now in accordance with the construction planning that has been approved by the authority to approve (if any).

4. The case where the housing owner is not at the same time is the person who uses the land to be outside the certificate of proof of housing ownership in accordance with Clauses 1, 2 and 3 This, must have a lease of land or contract to contribute or contract business or business cooperation. The approval text of the land user consent to the housing construction has been witnessed or corroborated by the law and copy of the use of the land by the rule of the land law.

What? 32. The certificate of ownership of construction work is not housing.

The owner of the construction work is not the housing that is certified ownership by the following regulation:

1. Household, domestic individual, community community must have one of the following types of papers:

a) A construction permit for the event to apply for permission to build upon the provisions of the law of construction.

The case of construction is not true for a licensed construction permit, and a written opinion of a licensed organ that permits the construction of the unauthorised construction site that does not affect the building's safety and now. It ' s been approved by a competent authority.

b) The paperwork on the ownership of the construction work provided by the competent authority over the period, except for the case of State managed, the layout used;

c) The purchase or donation of or inheritance of the construction work under the rule of law that has been proven or corroborated by the law;

d) The documents of the People ' s Court or state agency with the authority to address the ownership of the construction work have been in the law of law;

The case for a proposition to accept ownership of the building has one of the prescribed papers at points a, b, c, and d. building prior to July 1, 2004 had the signatures of the relevant parties and was confirmed by the People's Committee from the township to confirm; the purchase case, the recipient, changed, inherited the construction work before 1 July 2004 without the papers on the site. Having purchased the sale, received it, in exchange, the signed inheritance of the relevant parties must be confirmed by the People's Board of the People's Committee on the Certificate of Paper. The rights to land use, property rights, and other property associated with the land at the time of purchase, received for, in exchange, inheritance of the construction work.

The case of the proposition that the required certificate of ownership has one of the prescribed papers at points a, b, c, and d This paragraph that the status quo does not match that paper, the work part does not match the papers must be given by the Commission. The people of the township are confirmed as stipulated at this point of death;

e) The individual case in the country does not have one of the prescribed papers at points a, b, c and d This paragraph must be confirmed by the People 's Board of the People' s Committee that completed construction before July 1, 2004, and the work was built. Prior to the planning of land use planning, construction planning or planning to conform to the construction case after the planning of land use, construction planning.

The completion of construction on July 1, 2004, it was announced that the Board of the Committee of the People's Committee on the Construction of Constructs was not required to apply for permission to build and meet the conditions of the planning as a construction site. set before July 1, 2004; the case of the object belonging to the subject must apply for permission to be built without permission, a regulatory body ' s paper on the construction of a district-level building approved for that work.

2. Organization in the country, religious grounds, foreign organizations, foreign individuals, Vietnamese residing abroad must have papers in accordance with the following regulations:

a) The case of creating construction work through new construction investments under the rule of law must have the decision to approve the project or decide on a project investment or investment permit or investment certificate or construction permit issued by the agency. the state with the authority to grant and document the right to use the land by the rule of the law on land or lease of land with the use of land for use of land in accordance with the purpose of building the building;

b) The case of creating building works in one of the forms of purchase, given to, in exchange, inheritance or other forms according to the rule of law, there must be a document of that transaction in accordance with the law;

c) The case does not have one of the prescribed papers at the point a and this paragraph b, it must be managed by the provincial construction agency to confirm the construction work that exists before the construction planning that is still in accordance with the planned construction plan. is approved by the state authority;

d) The case of construction that did not conform to the specified paper at the points a, b and c This paragraph, the partial area of the work does not conform to the paper which must be authorized by the authority to license construction, confirm the area of construction. The correct paperwork does not affect the safety of the building, and in accordance with the construction planning that has been approved by the authority.

3. The event that the owner of the construction work is not at the same time as the use of the land, except for the certificate of ownership by regulation at Clause 1 and Article 2 of this, there must be a written consent of the land user consent to the construction. the work has been corroborated or corroborated by law and copy of the use of the land by the law of the land.

What? 33. Ceral ownership of the production forest is the forest of cultivation

Forest owners produce the forest that capital to grow forests, money that has paid for the transfer of the forest or money to the State when the pre-harvest forest is not sourced from the state budget and one of the following papers is found. Certificate of ownership:

1. Certificate of certification or one of the prescribed papers at Article 100 of the Land Law and Article 18 of this Decree which defines the State of the Land, for land leasing, recognition of the right to use the land to grow forest production;

2. Papers on the production of forest production are forested;

3. The contract or text of the purchase or donation to or inheritance to the forest of production is that the forest has been proven or corroborated by law;

4. The verdict, the decision of the People ' s Court or document of the state agency whose authority to address the ownership of the forest of production is that the forest has been in the law of law;

5. Family households, individuals, non-licensed residential communities in Clauses 1, 2, 3 and 4 This which has grown forest-producing forest must be validated by the Land Registry Office to be eligible for the right to use. the land according to the rule of the law of the land,

6. For the domestic organization to implement a production of the manufacturing forest produced by a source of non-origin from the state budget, it must be decided to approve the project or decide the project investment or investment certificate to grow the production forest by regulation. of the law of investment;

7. For businesses with foreign investment, Vietnamese residing abroad making a production of a production forest must be decided to approve the project or decide on a project investment or investment permit or investment certificate to grow the forest. produced by the law of the law of the investment;

8. The forest owner case produced is the forest that is not at the same time as the user of the land, but the paper prescribed by Clauses 1, 2, 3, 4, 5, 6 and 7 This must be written by the use of the use of the land to allow the use of the land to grow the forest. to be certified or corroborated by the rule of law and a copy of the copyright of the land by the rule of the land.

What? 34.

The longtime tree owner is certified for possession when there is one of the following papers:

1. Certificate of certification or one of the prescribed papers at Article 100 of the Land Law and Article 18 of this Decree which defines the State of the Land, for the lease of the land, recognizing the right to use the land for planting years in line with the purpose of using the land. on that paper;

2. The contract or text of the purchase or donation to or inheritance for perennial plants has been proven or corroborated by the regulation;

3. The verdict, the decision of the People ' s Court or the paper of the state agency whose authority to settle for long-term ownership has been in effect of law;

4. Family, individual, residential community with no provisions issued in Clause 1, 2 and 3 This must be confirmed by the Office of the Land Registry to be eligible for the right to use land under the provisions of the land law;

5. For domestic organization it must be decided to approve the project or decide whether to invest a project or a certificate of investment or investment permit to plant the long-term tree in accordance with the law on investment;

6. The long-time tree owner ' s case is not at the same time as the use of the land, in addition to the prescribed papers at 1, 2, 3, 4, and 5 This, must have a written agreement by the land user to allow the use of the land to grow crops. evidence or corroboration of the law and the paper copy of the right to use the land according to the law of the land;

7. Ministry of Agriculture and Rural Development presided over, in collaboration with the Ministry of Natural Resources and Environmental Specific regulatory environment that is certified ownership.

What? 35. The property attached to the land is not certified for ownership when the license level receives the use of the land, property rights in and other property attached to the land.

Property attached to the land is not certified for possession when belonging to one of the following cases:

1. The property attached to the land where land whose property is not eligible to be granted the Land Use Certificate, the ownership of the housing and other property attached to the land by the provisions of the Law of Land and Decree;

2. Housing or other construction work is built temporarily during the construction of the main building or construction of bamboo, nappas, leaves, land; auxiliary structures located outside the main building range and to serve for the management, use, and construction of the building. operation the main building;

3. The property attached to the land has either notified or decided to release, destroy or have been notified, the decision to revoking the land of the state agency has jurisdiction;

4. Housing, construction built after the time of the publication of the construction ban; construction of construction, taking over the border protection of engineering infrastructure works, the site of the cultural history ranked; the property attached to the land was created since the time of the planning of the planning. The state has the authority to approve that the property that is created does not conform to the planning of being approved at the time of the degree of certification of the land, property rights and property, and property rights associated with the land;

5. The property is owned by the State, except for the case of the property that has been identified as the capital portion of the State contributing to the business in accordance with the Ministry of Finance;

6. The property attached to the land does not belong to the prescribed ownership in accordance with the provisions of Articles 31, 32, 33 and 34 of this decree;

7. Property created due to the purpose of transferring the purpose of unauthorized land.

What? 36. Level certificates of land use, property rights in and other property attached to the land for the state case have had the decision to manage on land, property attached to the land but has not yet made it.

The household, the individual is using the land, the property attached to the land that previously authorities had decided to manage on the land, that property in the process of implementing the State ' s policy but the fact the state has not yet made a decision. who is using the land, the property attached to the land is continued to use and is considered issuing a Certificate of Use of the Land, Property Rights, and other property attached to the land by law.

What? 37. The Paper Level Certificate certification authority uses land, property rights in and other property attached to the land as the land user performs the rights of the land use, property owners attached to the land, the exchange, the grant of Certificate of Identification.

1. For the local to set up the Office for Land Registry by regulation at Clause 1 Article 5 of this Decree, the Department of Natural Resources and Environment certified land use, property rights in and other property attached to the land for the user. The land, owner of property attached to the land was granted the certificate, the certificate of ownership of the housing, the certificate of ownership of the construction work, in the following cases:

a) When a man uses the land, the owner of the property makes the rights of the land, the owner of the property attached to the land, and has to grant it to the certificate of the right to the land, to the possession of the household, and to the possession of the land, and to the land;

b) The exchange, the issuer of the certification, the certificate of ownership of the housing, the certificate of ownership of the construction work.

2. For the local not to establish the Office of the Land Registry as specified at Clause 1 Article 5 of this decree, the granting of the certificate to the specified cases at Clause 1 This is as follows:

a) The Department of Natural Resources and Environment certification certification rights to land use, property rights in and other property associated with the land for the organization, religious basis; Vietnamese residing abroad carrying out investment projects; organization, foreign individuals; businesses, and businesses. there is foreign investment;

b) The District People's Committee grants the right to use land, ownership of housing and other property associated with the land for household, individual, residential community, and Vietnamese residing abroad in an area owned by housing, which is associated with the right to use the land. Vietnam.

3. The Ministry of Natural Resources and Environment on Contracting Cases Certification for land use, property rights in and other property attached to the land when carrying out the land volatility registry, the property attached to the land and the confirmation of changes to the Paper. The certificate has been issued.

Chapter VI

THE MODE OF USE OF SOILS

Item 1

GENERAL REGULATION

What? 38. The use of the land of the economic organization by the State of the Land to generate capital construction by the project, the land originated in the auction of land rights before July 1, 2004.

1. The economic organization that is using the land originated by the long-term stable State of the State for the creation of infrastructure by the rule of land on 1 July 2004 was continued to use permanent stable land.

2. The economic organization that was using the land originated in the auction of land before July 1, 2004, without specifying the term of land use, was continued to use permanent stable land.

What? 39. The regulation of investment capital transfer is the value of land use

1. The business that has foreign investment is receiving investment capital is the value of the land use of the land that is using the land of the land that has been used by the State of the Land, giving the land pay once for the entire lease period. The value of land use has been capitalized on the capital of the business, except for the case of an investment transfer which is the right to use agricultural land, forestry.

2. Enterprise, members who are business owners when the transfer of capital investment must determine the portion of the capital as the value of the land in the total transfer capital value and must perform tax obligations, fees, charges under the rule of law.

What? 40. Regulation of transfer conditions, donated to the right to use the land of the household, the minority individual people ' s use of land used by the State of the Land under the support policy.

1. Household, individual countrymen who use the land due to the State of the State granted by the State-supported policy of the state only transferred, donated to the right to use the land after 10 years from the date of the decision to land if the People ' s Social Committee. Where there is land where there is no need for use due to the transfer from the townsite, the ward, the town where the residence is to be somewhere else, or by switching to other occupations, or without the ability to work.

2. The organization, the individual who is not receiving the transfer, is given to the right to use the household ' s land, the minority individual people who use the land due to the State of the Land under the State Assistance Policy without the transfer of the transfer, It ' s for the right to use the land as prescribed at this one.

What? 41. Terms of transfer of land use in investment project building housing business to sell or to sell combinations for rent and rent.

1. The investment project conditions that build the housing business to sell or to sell the combined lease of the land use of the land in the form of a batch, the sale of the background, including:

a) In accordance with the annual land use plan of the district level;

b) The project investor must complete the investment of infrastructure construction including service works, engineering infrastructure, social infrastructure under a detailed plan of 1/500 that has been approved; ensuring connection to the common infrastructure of the region. Prior to the implementation of the transfer of land rights to the self-built people, the provision of essential services including electrical, water, drainage, waste collection;

c) The investment owner must fulfill the financial obligations concerning the land of the project including land use, land rent; tax, fee, fee-related fee (if available);

d) The area of the region, the type of municipality transferred to the use of the land in the form of a parlour, sells the provisions in Clause 2.

2. Chairman of the housing business construction project to sell or to sell the lease-to-transfer combination is transferred to land use in the form of a parlour, selling background in areas that are not in the home of the inner districts of special categories; the area is required. The high demand for landscape architecture, the central area and around buildings is an architectural highlight in the municipality; the facade of regional roads and the main landscape routes in the municipality.

3. Household, the individual who receives the transfer of land rights to build a home on the right to build a home in accordance with construction permits, compliance with detailed planning and urban design has been approved.

4. The Ministry of Construction is chaired, in collaboration with the Ministry of Natural Resources and the Environment Regulatory Regulation

What? 42. Terms of transfer of land use tied to a partial transfer or an entire investment project building housing business in the United States.

The transfer of land rights to a partial transfer or an entire investment project that builds the housing business must ensure the following conditions:

1. There are sufficient regulatory conditions at Clause 1 Article 188 of the Land Law;

2. The investment owner must complete the financial obligations concerning the land of the project including land use, land rent; tax, fee, fee-related fee (if any);

3. The recipient of the transfer of land use tied to a partial transfer or an entire investment project building housing business must have the right business profession, which must meet the conditions under regulations at Article 58 of the Land Law, Article 13 and Article 58. 14 of this decree.

What? 43. Treatment of the land use of state business as shares chemotherapy

1. The state business is using the land due to the State of the Exchange, which rents out its share of the commodity it shares, the state-owned enterprise has been used by the State of the State to use land by regulation at Clause 2 and Clause 4 Articles 55 of the Land Law, lease land. Annual rent or land lease pay land once for a specified lease period at Article 56 of the Land Law.

2. The handling of the value of land use when the commodity shares are made by the Government 's regulation on the state of the state-owned enterprise but must ensure that the principle of land prices to determine the value of land use is a specific land price due to the People' s Commission. The province decided to follow the regulations at Clause 3 and Point 4 Article 114 of the Land Law.

3. When the state-owned enterprise share, the Provincial People ' s Committee is responsible for sweeping the use of the used business land fund, handling and granting the Certificate of Use of the land, property rights in and other property tied to the land by regulation at this Article. 102 of Land Law and Article 25 of this Decree.

Item 2

AGRICULTURAL LAND

What? 44. Limit the transfer of the right to agricultural land of household, individual

Limiting the transfer of the use of crops annually, the perennial crop, the productive forest soil is the cultivated forest, the aquacal-growing land and the salt-making land of each household, the individual for use on agricultural purposes applied to the forms. receiving the transfer, receiving for the right to use the land, handling the debt under the agreement in the contract for the use of the land, namely:

1. The land planted annually, the breeding ground for fisheries and soil salted soil:

a) No more than 30 hectares per type of land for the provinces, the Central City Central City of the Southeastern Region and the Mekong Delta;

b) No more than 20 hectares per type of land for the provinces, the remaining Central City.

2. Long tree planting:

a) There is no more than 100 hectares for the communes, the wards, the towns in the plain;

b) No more than 300 hectares for the communes, the wards, the town in the middle du, the mountain.

3. Land of the production forest is the crop forest:

a) No more than 150 hectares for the communes, the wards, the towns in the plain;

b) No more than 300 hectares for the communes, the wards, the town in the middle du, the mountain.

4. A family of households, individuals who receive the right to use agricultural land on the site of many provinces, the central city of Central, the total area is given the right to the limit of each land (crops annually, the land crops. The year, the production forest is the forest, the aquacal, and the salt-making land, which has limited access to land use in the province, the Central City of Central City has the highest level of access to land use.

5. Family-to-home case, the individual who receives the right to use agricultural land including many types of land (crops annually, perennial crops, forest soil producing crops, aquacal soil, and soil for salt) are limited to the transfer of power. The agricultural land of the household, that individual is identified in accordance with each type of land specified in Clauses 1, 2 and 3 This.

6. Household, individuals who have used agricultural land beyond the degree of regulation of regulation at 1, 2, 3, 4 and 5 of this Article which registered the transfer of land use before July 1, 2007, the area of land exceeding the level continued. use as for agricultural land in the limit of transfer of rights.

7. Household, personally using agricultural land that exceeds the degree of regulation of regulation at 1, 2, 3, 4 and 5 of this Article which registered to transfer the use of the land from July 1, 2007 to before July 1, 2014, the household, The individual was continued to use the land and only had to transfer to the state's land lease on the portion of the area beyond the transfer of power.

What? 45. Rice cultivation.

1. The person who is given the land by the State, leased land for use on non-agricultural purposes from the country ' s intensive land to pay a sum of money to carry out the exploitation, reclamation of the land; the local infrastructure investment.

2. The identification and use of the amount specified in Clause 1 This is done under the Government ' s regulation of management and use of rice cultivation.

What? 46. Manage, using the land of shallow, forestry companies after being arranged, innovated and developed, enhancing the efficiency of our operations.

1. In the process of making arrangements, innovation and development, improving operational efficiency, agricultural companies, forestry is using the responsible land:

a) Rà controls land use on location, management boundaries, land use; land area is using the right purpose; land area use is not correct; land area is not used; land area is not used; the land area is in stock, for rent, on loan, being outnumbered. capturing, joint venture, links, investment cooperation and ongoing dispute;

b) An arrangement, innovation and development of agricultural companies, has been approved by the authority; the planning of using local land and the status of land use to propose land use.

The use of land for use of land, the boundary of land use; land area offers to retain use by land type, land use, land use, land area, and land area.

c) The resource agency and environmental agency report the use of the land before the Provincial People's Committee approved;

d) The organization of the land use method was approved.

2. The Provincial People 's Committee review, approving the country' s land use of land, forestry locally; the direction of making specific identification of the boundary, plugging the land using the land according to the approved method, land delivery records, land rental, licensing, Land use certificates, property rights, and other property associated with the land for the company; the decision to recover the land for the area of the land handed to the local according to the land use was approved.

3. For an area of the company land that is retained in accordance with the approved land use method that is leasing, illegal borrowing; being overtaken, occupied; in joint venture, links, non-regulatory investment cooperation is processed under the following regulation:

a) For the area that the company is leasing, lending, joint venture, bond, legal investment, the company must end its lease, loan, venture, link, investment, investment cooperation, and land use in accordance with the right purpose;

b) For the land area being encrooccupied, the use of the use is processing an end to the use of land.

4. For the local land fund, the People 's Provincial Committee of the People' s Provincial Committee is using the following order:

a) Build public works;

b) Land, lease land for households, individuals in the locality without land or lack of soil production;

c) Transland, land lease for the person who is using the land if the land user has the need and the use of the land in accordance with the local land use planning.

What? 47. The land is in the territory of many provinces, the Central City.

1. The use of land in the territory of many provinces, the Central City of Central City must comply with the planning, land use plan and water resource planning that has been approved by the authority to approve; according to the rule of law on property. The water.

2. The Provincial People 's Committee, the District People' s Committee for the Land-based lease on the domestic land for economic organization, households, individuals to invest in aquacal farming, agricultural or agricultural production combined with non-agricultural purposes under the jurisdiction of the country. the rights to rule at Article 59 of the Law of Land.

3. The lease of land by regulation at paragraph 2 This must protect the environment, the landscape, and not to influence the main purpose of the land use of the land in the domestic water.

What? 48. Land of the waterfront, coastal

1. The District People ' s Committee is responsible for investigating, surveing, monitoring, evaluating riverside beach land funds, coastal areas that are regularly reaccreed or often landslides to have a planned extraction, use.

2. The state agency has the authority to review, the decision to lease on a riverside beach, coastal land regularly accrets or often landslides for people with demand.

3. The Minister of Natural Resources and Environment details the use of riverine, coastal land.

Section 3

NON-AGRICULTURAL LAND

What? 49. Land-building mode building.

1. Land building apartment building, apartment building with a mixed purpose to stay in and do offices, commercial facilities, services (later collectively known as condomiers) including apartment building blocks of apartment building, ground making, flowers, green trees around the apartment building, land built Erstwhile, erstwhile structures.

2. The owner of the land-based construction project, which grants land, grants land rights certificates, property rights, and other property attached to the land on the grounds of the project under the following regulations:

a) For the land of construction of the apartment building and the construction of the infrastructure used by the owner of the capital to the investment project and the planning of the construction of the state, the state of the land was approved by the state of the state. And the land, and the rent of the land, and the rent of the land, and the possession of the power of the land, and the possession of the house, and the possession of the household, and the possession of the land;

b) For the land area as a traffic, other infrastructure work serves people both in and outside the apartment that the owner of the investment is not used to do business under investment projects, the owner of the land, the State of the Land, to rent the land. management, construction of the work and not paying for land use, land rent; not granted the license to the use of the land, property rights in and other property attached to the land; the table to the local management of that land area after completion. The construction of the investment project, the planning process, and the decision to deliver the land, the land lease of the competent organ.

3. Rights of the land and the granting of the license to use the land, property rights in and other property attached to the land in apartment building projects for sale or for the sale of the lease made by the following regulation:

a) The land area of the common use of apartment holders, work offices, commercial facilities, services in the apartment house (later known as apartments) includes land area building blocks, yard, flowers, green plants, and green buildings. Around the house and the land building infrastructure buildings outside the apartment building, but to serve directly to the condomiers, they are handed over to the owners of the self-governing apartment, using the investment project. The owner is responsible for determining the location, boundaries, land area of the common use in the investment project, detailed construction planning, and work-based design to program approved authority; in contracts to purchase housing and housing. The process of completing the work to be the procedure for granting it the right to the right to use the land, the ownership of the housing and other property attached to the land for the buyer;

b) The right to use the land specified at the point a paragraph is the right to use in the same as the undivided part. The percentage of land use is calculated by the percentage of the apartment area divided by the total floor area of apartments in the apartment house. The use and settlement of the use of the communal land due to the majority of the people who account for the percentage of the rights to use the decision land but must serve the common interests of the community and in accordance with the rule of law;

c) The owner of the apartment is issued a Certificate of Land Use Certificate, property rights in and other property attached to the land for the shared land area of the common use at the Point of this Section under a permanent stable period; the apartment area is determined by contract. The sale of the apartment.

d) When issuing a license to the use of the land, property ownership, and other property attached to the land for the apartment buyer, the Certificate issued to the specified investment holder at paragraph 2 This must be corrected to change to the form of use. It ' s a common ground for the land area of this point.

The land area of the housing development project remains outside the specified area at B Point 2 and this point is in the use of the investment holder; the investment holder is granted a Certificate of Use of the land, home ownership, and other property attached. With land.

What? 50. Land used in defense, security.

1. The user of the defense, security is prescribed as follows:

a) The units of the Ministry of Defense, the Ministry of Public Security, the use of land for land for the units stationed except for the specified case at this point c; the land as a military base; the land as national defense works, the field and the special works. The defense, security; the civil service of the People's Armed Forces; the land of the areas where the Government assigned its own mandate to the Ministry of Defence, the Ministry of Public Security, protection and use;

b) Direct use of land as land-based uses on land as a station, military port; land as industrial, scientific and technological works serve directly to the defence, security; land as a treasure trove of the armed forces of the people; the land is made. The school shooting, the sport, the weapons test, the abolition of weapons; the building of the school, the hospital, the welfare state of the people's armed forces; the land as a detention facility, the education facility, the Department of Defense, the Department of Public Security.

c) The provincial military command, the central city of the Central Region; the Military Command of the District, the District, the Town, the Province of the Province; Public Security, Central City; Public Works, District, Town, Town, Town; and Fort. The border is the one who uses the land to build the headquarters.

2. The land used for defense purposes, security must be used correctly. For non-purpose land use or use, the Provincial People's Provincial Committee informed the unit using the land to use the land to use the right purpose; after 12 months from the date was announced, if the unit used unremedied for the use of the land. In the right hand, the People's Committee of the People's Committee revoked the use of the land.

3. The purpose of transferring the purpose of land use in defense, planning security, planning to use defense, security has been approved, the land use unit must apply for the purpose of using land at the Department of Natural Resources and Environment. The Ministry of Defense, the Ministry of Public Security.

4. Land by the armed forces of the people who are in charge, using but not under the planning of land use on defense purposes, security has been approved, and must be handed over to the local administration and handling as follows:

a) For the land area that has arranged for the household, the soldier of the armed men's armed unit, used as housing in accordance with the planning, the planned land use was approved, and the use of the land was granted the right to the use of the land, the right to the right. Property and property are associated with the land and must carry out financial obligations under the rule of law;

b) For land use on the purpose of production, non-agricultural business due to defense enterprises, security is being used to move to the form of land lease by the production method, the business has been approved by the Ministry of Defense or the Ministry of Public Security;

c) For the land area that is not defined by the specified case at Point A and Point B, the Provincial People ' s Committee decides to revoking the land for delivery, for rent use by law.

5. The state agency has the authority to resolve the end of the disputed land area to determine the land user.

What? 51. Industrial complex, industrial cluster, industrial cluster

1. The period of land use in the industrial zone, the manufacturing sector, the industrial cluster under the deadline of the investment project.

Where the deadline for the investment project is longer than the rest of the industrial sector, the manufacturing sector, the industrial cluster, the investment business builds industrial infrastructure infrastructure, the manufacturing sector, the industrial cluster that has to ask for the agency ' s authority. The state has the authority to allow the deadline to adjust the land use to the right but the total shelf life is no more than 70 years and must pay the use of land or land rent to the land area used to be renewed.

2. The financial self-finance industry unit is tasked with the task of tasked with the construction of industrial infrastructure, industrial cluster, if given by the state to invest in the construction of industrial infrastructure structures, the public cluster. We're renting out the land after we've invested in infrastructure.

3. Every year, the investment business builds business sector infrastructure, the manufacturing sector, the industrial cluster responsible for reporting the Provincial People ' s Committee and the public publication of the unleased land area, leasing it back in the industrial zone, the area. fabricate, the industrial cluster on the e-commerce site of the business and of the local.

What? 52. Land used for high tech

1. The period of land use to implement the production project, high-tech product business; development research, high technology applications and high tech workforce training in the high-tech sector are carried out under the regulation at Article 125 and Article 126 of the Law. The land.

2. The land management responsibility of the High-tech Sector Management Board is regulated as follows:

a) Coordinate with the organization for the duty of compensation, the release of the face to perform compensation, support, resettlement;

b) The Provincial People ' s Committee decides the lease of the land; the degree of exemption, reducing land rent to each project;

c) The land recall leased to the case of the land-use case with a violation of the land law of regulation at the points a, b, c, d, e, g and i Clause 1 Article 64 of the Land Law; the use of land terminated the use of land under law or freedom. let return the land by regulation at the points a, b, c and d 1 Article 65 of the Land Law; management of the land fund has recovered at this point;

d) The decision to hand over land without the use of land for land use in the high-tech sector is regulated at Clause 2 and Clause 3 Articles 54 of the Land Law;

The procedure itself, the administrative procedure of land in the high-tech sector;

e) To the decision to hand over the land, land lease, land use, extract of the land map or extract of the land site to the Land Registry Office to register on the main site, update the land database and the authorities with the authority to rank the land. The certificate of land use, property rights, and property is associated with the land.

3. The inspection, the settlement of the complaint, denouncing, the land dispute in the high-tech sector is carried out in accordance with the law of the complaint of the complaint, denouncing and the law on the land.

4. For the high tech sector that was established and was decided by the Provincial People ' s Committee to deliver the land before July 1, 2014, the management, using the land made by the following regulation:

a) The high-tech sector management board is responsible for implementing regulations at points a, c, d, e, and e Section 2 This; it is continued to implement the construction plan that has been approved by the state agency;

b) The high tech sector management board is decided to collect land rent but land prices to charge land rent is not lower than the price of land in the Price Board specified by the Provincial People ' s Commission; decision-to-level decision, reducing land rent by each suitable project. with government regulation.

What? 53. Land used for the economy

1. The land management responsibility of the Economic Zone Management Board is regulated as follows:

a) Coordinate with the organization for the duty of compensation, the release of the face to perform compensation, support, resettlement;

b) The decision to collect money on land, land rent but land prices to charge land use, land rent is not lower than the price of land in the price sheet provided by the Provincial People ' s Commission; the degree of exemption, reduced land use, land rent per project. for the case of land delivery, land rental in accordance with the Government ' s regulation;

c) The land recall has handed over, leaseback to the case of land-use cases of land-based land law violations at the points a, b, c, d, e, g and i Clause 1 Article 64 of the Land Law; the use of land terminated the use of the land under the law. or voluntarily return soil by regulation at points a, b, c and d 1 Article 65 of the Land Law; land fund management has recovered at this point;

d) the sequence of the order, the administrative procedure of land in the economic zone;

Sending the decision to deliver the land, lease land, renew the use of the land, extract the local map or extract the land site to the Land Registry Office to register on the main site, update the land database, and the authorities with the authority to rank the land. The certificate of land use, property rights, and property is associated with the land.

2. The inspection, the settlement of the complaint, denouncing, the land dispute in the economic zone is carried out in accordance with the rule of law on the complaint, denouncing and law on the land.

3. The management, use of other land, does not belong to the functional areas of the economic zone and other duties on land management in the economic zone due to the administration of the executive order by the law of the land.

What? 54. Land to implement construction project-transfer (BT) and construction project-business-transfer (BOT)

1. The state handed over the investment management investor to carry out the construction project-transfer (BT); the investor did not have to pay the land use, land rent during construction of the work under the approved project and have a responsibility for preserving the land. Land volume is administered, used in accordance with the purpose of the project.

The transfer of the project and the land fund of the project must be done in accordance with the investment in the investment project that has been approved by the state agency or the deadline has been authorized by the state agency to allow for the extension of the transfer deadline. The case is too long for the transfer to which the investor has not transferred, the lease of the state, when the lease of the land is calculated from the time of the end of the construction of the building under the approved project.

2. State of the land or lease land to the investor to carry out the construction project-business-transfer (BOT); investors are exempt, reducing land use, land rent by government regulation.

3. The recipient of a job transfer to use and exploit is given by the State of the Land, lease land or delivery to administer the land area whose work follows the provisions of the land law.

What? 55. Airport, civil airport

1. Airports for air port details, the airport has been approved, the Department of Transportation chaired, in coordination with the Ministry of Defense directing the identification of its own area boundaries for civil service and the common use area for civil rights activities. They ' re military-controlled and military.

2. The land uses on the purpose of regulation at Point A and Point B 1 Article 156 of the Land Law is given long-term stability; the land uses on the purpose of regulation at Point c and Point 1 Article 1 Article 156 of the Land Law is leased with no deadline. 50 years. At the end of the lease of land, the person who is using the land is considered to renew the land lease if there is a need to continue to use.

3. The Provincial People ' s Committee decides to simply lease land at the port of aviation, the airport by the rule of law on the land.

4. The Port Authority is not responsible for the land area provided by the Provincial People ' s Commission as follows:

a) Management, using land on purpose, effective;

b) Check out the use of land, the implementation of the financial obligation of land to the organization, the individual being the Port Authority of the Land, for the lease of the land;

c) The decision to recover the land on the case of the Port of the Freight Port, which belongs to the prescribed cases at points a, b, e, g and i Clause 1 Article 64 and points a, b, c and d 1 Article 65 of the Land Law. The decision to terminate the lease on the land lease was to the lease of the Port Authority's land lease.

5. The inspection, the settlement of the complaint, denouncing, disputes the land in the aviation port, the airport carried out by the rule of law on the complaint, denouncing and the law of the land.

6. The Ministry of Transport presided over, in coordination with the Ministry of Natural Resources and the Environment Regulatory Regulatory of this Article.

What? 56. The land of building public works has a safe protection corridor

1. The land of public safety protection has been decided by the state authority whose work without the use of the ground is only to lease the land during construction work.

2. The regulatory base on the scope of the park protection corridor has been enacted by the state agency, which directly manages the park with a safe protection corridor that is responsible for coordinating with the People ' s Committee, which has construction work. The landmark limits define the specific safety lobby and the Provincial People's Provincial Committee where the process is approved; it simultaneously informs the People's Committee of the places where the building is known to co-ordinate the protection of the building safety corridor.

3. During a period of no more than 30 working days, since the date was approved by the Provincial People ' s Commission to determine the safety of the safety guard corridor, direct organization management of the park has a safety protection corridor responsible for presiding, coordination coordination. with the District People's Committee, the Committee of the People's Committee, which has the work in public-public publication of the corridor to protect the safety of the building and to plug the boundaries of the field, and to discuss the boundaries of the local People's Committee, which has the capacity to manage.

4. The direct organization manages the work with a safe protection corridor that is responsible for coordinating with the Social People's Committee and the Environment and Natural Resources Department, where there is a search for land use within the scope of the public safety lobby. presentation to petition the state agency with the authority to resolve in accordance with the following regulation:

a) The case of land use has an effect on the protection of the work safety or the functioning case of the work that has a direct effect on life, the health of the land user, the agency has a state management function for the process of conduct. Appraisal of the impact, if you have to recover the land, you recommend that the People's Committee have jurisdiction to decide on the return of the land. People with the land recovered were compensated, support for land and property attached to the land already prior to the safe passage of the building, resettling in accordance with the rule of law.

In the case of land use affecting the security of the building, the owner of the building and the use of land must be remedied. The owner must be held accountable for that remediation; if it is not fixed, the State recalers the land and the land of the recovered land is compensated, supported, resettling in accordance with the rule of law;

b) The case of non-regulation land use at this point a person is using the land in the safe protection corridor that continues to use the land in accordance with the right purpose that has been identified and subject to public safety protection regulations. Presentation.

c) The land in the safe passage of the work granted to the use of land, property rights, and other property attached to the land for the eligible case-granted, the property rights of the land, property rights, and property. attached to the land by the provisions of the Land Law, unless the case had either the announcement of the land recall or the decision to recover the land.

The recipient of the land-use certificate, property rights in and other property associated with the land is used only by the prescribed land at this point b.

5. The agency, which directly manages the park, has a safe protection corridor responsible for the protection of the safety of the building. The case of a safe, overtaken, unauthorized use of the park is required to report and ask the People's Committee to provide a safe passage for the safety of the public.

6. The Chairperson of the People ' s Committee on which the building has a safe protection corridor is in charge of the following:

a) To detect and process timely circumstances, occupy, unauthorized use of the land within the scope of the safe safeguarding of the building; prevent the time of unauthorized construction on the land of the corridors protecting the safety of the building; forcing people to do so. Violations of the soil of the land before the breach.

b) Coordinated with the agency, the direct organization that manages the work in propagation, disseminalization of the law on the protection of the work; in coordination with the agency, the direct organization that manages the work in announcing the safety of the public safety lobby. Presentation.

c) The case for the phenomenon of encroutation, seizure, use of the unauthorized use of the land within the scope of a local work safety corridor, the Chairperson of the Committee of the People's Committee of the Union is responsible under the rule of law.

7. The use of temporary land to enforce public works has a safe protection corridor due to the enforcement of the public and the use of the land by the rule of civil law.

What? 57. Use of land to build underground work

The planning base, land use plan, urban underground building space planning and other planning-related regulations have been approved by the state agency, the Provincial People's Committee decided to land, lease land to build underground buildings. following the following regulation:

1. Economic Organization, Vietnamese residing abroad, whose business has foreign investment funds leased by the State for land rent or rent-to-land money once per rental period for the use of land for construction work. I mean, the underground thing is for business purposes.

2. Economic Organization, Vietnamese residing abroad, whose capital is inherently foreign-invested by the State of the Land of the land not collecting land use on land use to build underground work not intended for business purposes.

3. The case of land use to build underground construction in the form of construction-transfer (BT) and construction-business-transfer project (BOT) the use of land is carried out by regulation at Article 54 of this Decree.

Section 4

MANAGEMENT AND LAND NOT USED IN USE

What? 58. Land management not used

1. The land has not been used as an unusable land, unusable mountain land, mountain-free mountains.

2. Every year, the Social People 's Committee is responsible for reporting the District People' s Committee on the situation of management, exploiting unusable land funds.

What? 59. The unused land of land use under the planned land use plan was approved.

1. The state has infrastructure investment policies on borders, islands, deep regions, remote regions, highlands, land areas but few people, regions with difficult natural conditions to implement unusable land-based planning; have a policy of free, reduced, and more. Land money, land rent, land lease, land lease, unusable land for use.

2. The Provincial People ' s Commission uses the source of funds obtained from the source of revenue when allowing land-purpose transfer of grain to use on other purposes and other legitimate sources of funding to serve the exploitation, reclamation, unusable land. In use.

Chapter VII.

SEQUENCE, ADMINISTRATIVE PROCEDURE

MANAGE AND USE LAND

Item 1

GENERAL REGULATION

What? 60. Blisters and pay the results of the administrative procedure on land

1. The Agency recepts the case and pays the result of the lease of the land, lease land, the purpose of the purpose of using the prescribed land as follows:

a) The Department of Natural Resources and Environment receives the case and returns the results to the specified case at Clause 1 Article 59 of the Land Law;

b) The Resources and Environment Room receives the case and returns the results to the specified case at paragraph 2 Article 59 of the Land Law.

2. The Agency recepts the case and pays the result of the procedure to register land, other property attached to the land; level, exchange, certification of the Certificate as the Office of the Land Registry. Where the Office of the Land Registry has not been established, the Office for the Office for the Use of the Provincial Land receives records for the organization, the religious establishment, the Vietnamese residing abroad carrying out investment projects, foreign organizations, foreign individuals, businesses, and other countries. The Office of the Contracting District receives records for household, individual, residential communities, and Vietnamese residing overseas holders associated with the right to land use in Vietnam.

In the case of a family, individual, community community has a need to file a file on the People's Committee, the People's Committee of the People's Committee, where the land receives records and returns the results. The case for registration of land volatility, property attached to the land; the exchange, the certification of the Certificate, for a 3-day period of work since the date of receiving enough records, the Social People's Committee must transfer records to the Office of Land Registry.

3. The Local has held a one-door division to make the receiving of the case and pay the results of the administrative procedure under the Government ' s regulation then the regulatory agencies at Clause 1 and Section 2 This performs the reception and returns the results. through the one-door department at the decision of the Provincial People ' s Committee.

4. Board of High-tech Sector Management, Economic Zone; Airport Port is not the head of a record and returns the result of a land-based administrative procedure in high tech sector, economic zone; airline port, airport.

5. The repayment of the administrative procedure resolution is done as follows:

a) The result of the execution of the administrative procedure must be paid to the land user, the owner of the property attached to the land in the period of not over 3 days of work since the date of the settlement results, except for the case specified at this point b;

b) The case must carry out financial obligations concerning administrative procedures, the awaring of the Certificate of Use of the Land, the ownership of the housing and other property attached to the land is made after the land user, owner of the property attached. with the land of evidence from the completion of the financial obligation by regulation; the annual pay-land lease case returns the result after the land user has contracted the land lease; the case is exempt from the financial obligations associated with the administrative procedure that returns. After receiving the text of the competent authority to determine the financial obligation,

c) The case case is not eligible to resolve, the filing agency has a responsibility to return the case and explicitly inform the reason that it is not eligible to resolve.

What? 61. The time of taking administrative procedures on land

1. The time of the procedure for land delivery, land lease, purpose transfer of land use is as follows:

a) The land, the lease of the land, is no more than 20 days not to tell the time of release.

b) The purpose of using the land is no more than 15 days.

2. The time of the procedure for the registration of land, property attached to the land; the exchange, reissued the Certificate of Identification as follows:

a) Register of land, property attached to the land, granting a Certificate of Land Use Certificate, property rights in and other property attached to the land is no more than 30 days;

b) Subscription, granting access to the use of land, property rights in and other property associated with the land for the recipient of the land use of land and property rights, the construction work of the construction organization organization is no more than 30 days;

c) Subscription, granting access to the use of land, property rights in and other property attached to the additional land for property attached to the land is no more than 20 days;

d) Register of land volatility, property attached to the land in cases worth of land use; settlement of disputes, complaints, land charges; treatment of mortgage contracts, capital contributions; land-based auction, property, and property rights. with the land to enforce the sentence; divide, merge, merge, organize, transform the company; the merger agreement or division of land rights, property rights associated with the land of the household, of the wife and the husband, the group of people using the land is no more than 15 days;

Separation, land-to-land, land-registration procedure for the State of the State of the Land of the Land for Management is no more than 20 days;

e) The limit of land use is no more than 15 days;

g) The confirmation continues to use the agricultural land of the household, personally when the expiration of the land use is no more than 10 days;

h) Subscription or change, termination of the right to use of the adjacent land limit is no more than 10 days;

i) Register volatility due to a change in the name of a land user, property owner attached to the land or changes in shape, size, area, number, number of land, or changing land rights restrictions or changes in financial obligations or changes. The property associated with the land relative to the registered content is no more than 15 days.

) Moving from the lease of the land paid annually to the lease of the land once; from the form of the State of the Land of the Land of the Land not to collect land to the lease of the land; the lease of the land to the land that had the money to use the land was no more than 30 days;

l) Transferable, transferable, inherited, donated to, subscribed to capital by land use, possession of property attached to the land is no more than 10 days;

m) The deletion of capital capital by the use of land, property ownership associated with the land is no more than 5 working days;

n) Subscription, deletion of the mortgage registration, lease, for rehiring of the right to use of the land is no more than 3 working days;

o) Transfer the right to land, possession of property attached to the land of the wife or husband of the wife and husband is no more than 10 days;

p) The certificate exchange, the housing ownership certificate, the certificate of ownership of the construction work is no more than 10 days; the case of a convolation for many people who use the land due to the mapping of the map is no more than 50 days;

q) The issuer of the certificate, the housing ownership certificate, the certificate of ownership of the property that is lost is no more than 30 days.

3. The time of the procedure for the mediation of the land dispute, the procedure for resolving the land dispute:

a) Peace of the land dispute is no more than 45 days.

b) The dispute over land dispute under the jurisdiction of the Chairman of the District People ' s Commission is no more than 45 days;

c) The land dispute under the jurisdiction of the Chairman of the Provincial People ' s Commission is no more than 60 days;

d) The land dispute under the jurisdiction of the Minister of Natural Resources and Environment was no more than 90 days;

The decision to resolve the dispute over land disputes, the decision to recognize the reconciliation of the settlement was no more than 30 days.

4. The time specified in Clause 1, 2 and 3 This is calculated from the date of receiving a valid profile. This time does not include the timing of the land use of the land's financial obligations, the time of treatment for land use in violation of the law, the time of the referendum.

The case of receiving incomplete records, not valid, for a maximum of 3 days, the agency recepts, the case processing must notify and instruct the applicant to add, complete the prescribed profile.

For mountain communes, the islands, the deep, remote regions, the region of economic conditions-the difficult society, the time for each type of procedure, is increased by 15 days.

What? 62. The responsibility for regulatory regulation, time of execution and sequence, administrative procedures on land and land.

1. The Ministry of Natural Resources and Environment specifically for the case form, the filing component of the administrative procedure on the land of regulation at this decree.

2. The provincial committee of the provincial population specifies the body of the reception, the procedure of the procedure; the timing of the procedure of each organ's procedure, the relevant unit and the communication between the relevant authorities in accordance with the one-door mechanism. Specific conditions in the locality, but not too much time specified for each type of procedure specified in this decree.

What? 63. The identification of the financial obligation of the land user in the execution of administrative procedures on management and use of land.

1. Money uses land, land rent, land-related taxes and pre-book fees (later known as financial obligations) due to the specified tax authority. The Department of Natural Resources and Environment or the Environment and Environment or Land Registry Office provides the local information to the tax authority on eligible cases and must carry out a prescribed financial obligation.

Land prices to determine the financial obligations specified by the Department of Natural Resources and Environment; the case applies the land price adjustment system to determine specific land prices, due to the specified tax authority.

2. The tax authority is responsible for announcing the implementation of the financial obligation to the land-based employer, the property owner attached to the land under the rule of law in the period of no more than 05 days of work since the date of receiving the local number.

The agency has the authority to sign the Rights Certificate Certificate of land, property rights in and other property attached to the land for the land-use case, the property owner attached to the land not to submit, which is owed the financial obligations or has completed the meaning. the financial case for the case must file a financial obligation or have a decision to exempt the financial obligations under the rule of law.

3. The Agency recepts the profile of fees and fees that are associated with management, land use, the exception of the prescribed charge at Clause 1 This which the land user must submit when carrying out administrative procedures on management, land use; notifications and guidance. for the use of the land by the rule of law.

What? 64. Contract, trading text on the rights to land, property ownership attached to the country.

1. Contract, trading text on land rights, property rights tied to the land of the household must be given the name on the Certificate of Certification or the authorized person by the rule of the civil law.

2. Contract, trading text on land rights, property ownership attached to the land of the land-using group, the property group that owns the property attached to the land must be all members of the name group or have the authorized text under the rules of the property. Civil law, except for the case of owners of the apartment, shared the same land in the apartment.

Item 2

SEQUENCE, SOIL RECOVERY PROCEDURE, SOIL REQUIITATION, LAND DELIVERY, LAND LEASE, LAND PURPOSE TRANSFER

What? 65. The procedure, the procedure for recovery of land due to an end to the use of land under the law, voluntarily returns land, is at risk of threatening human life

1. The procedure, the procedure for the recovery of the land due to an end to the use of the land under the law, voluntarily return the prescribed land as follows:

a) The land used by the land of the land was not collected by the State of the Land, which had been used by the State of the Land to use the land that the money used by the land was derived from the state budget or the lease of the land that paid the land rent this year. other, reducing or no longer the need for land use; the use of the land voluntarily returns the land sent notice or sent back-to-land repayment of land and Certificate of Use of the land, property rights in and other property attached to the land to the resource and environmental authority. school;

b) The original decision to dissolve, the bankruptcy of the dissolution of the dissolution, the bankruptcy to the Department of Natural Resources and the Environment where the land recovered to the institution of the organization ' s land recall was not collected by the state of the land, the State of the State of the Land. The amount of money that the money used was derived from the state budget or the lease of the land that was paid for years of being dissolved, bankrupt;

c) The permanent resident human rights committee of the individual who uses the land of death without the heir responsible for sending the death certificate or the decision to declare a person is dead in accordance with the rule of law and the text confirmed no heir. of the Social People ' s Committee to the Department of Natural Resources and Environment where the land revoked for the case of individual land recall using dead land without an heir;

d) Every year, the resource and environmental agency that organizes and has notice of cases not being renewed for use of land for the case of land use has a deadline;

The resource and environmental agency is responsible for the investigation, verification of the field in the case of a necessary retrial; the People's Committee on the same level decided to recover the land; the organization of land resupply on the field and handed over to the Foundation for the Development of the Land Fund. The People's Committee of the Social Committee manages; only the update, the database of land databases, the local records, the recall of the certificate, or the notice of the cancellation of the certificate to the unrecovered case.

2. The procedure, the procedure for the recovery of soil in an area of contaminated environment is at risk of threatening human life; the land at risk of landslides, subsiduation, is affected by another natural disaster that threatens the human life that is regulated as follows:

a) The Provincial People's Committee, the district grant to the authorities with the authority to examine, determine the level of environmental pollution, landslides, subsiduation, which is affected by other natural disasters that threaten human life;

b) After the text of the agency has the authority to determine the level of environmental pollution, landslides, subsidenties, affected by other natural disasters that threaten the human life that need to recover the land, the resource and environmental authority is responsible for it. You know, I mean, you know, I mean, you know, I mean, you know

c) The authority has the authority to perform the layout of the temporary residence and the implementation of the relocation to the person who must forcibly remove the relocation to the case of a specified land recall at the Point and Point 1 Article 65 of the Land Law.

3. The organization that forced the organization to recover the land due to an end to the use of land under the law, there is a risk of threatening human life:

a) The coercuse must comply with the principles of the statute of law stipulated in paragraph 1 Article 70 of the Law of the Land;

b) After the decision to revoking the land, the resource and environment agency is responsible for coordinating with the People's Committee of the People's Committee of the People's Republic of Vietnam, which persuaits the land to return the land to the ground;

c) After the advocacy, the persuathy people who had the land revoked did not make the decision to recover the land, and the environmental agency and the environment that the People's Committee issued a decision to revoking the decision to take the decision to make the decision to recover. the land;

d) The organized organization of coerceny was responsible for the construction of the forced plan of the civil rights committee that issued a decision to enforce the approval;

The organization is tasked with carrying out the responsibility of the operation, persuaing the forced volunteer to do the ground.

e) The People ' s Committee issued a decision to enforce the organization responsible for organizing the force to enforce the enforcement of the coercve decision on the case that was campaigned, persuaitfully persuaded at this point, the organization was forced. I don't accept the enforcement of the coercated decision.

4. The resource and environmental agency that directed the update, orthography of the land database, the local profile; revoking the certificate or notification of the certificate of no legal value to the case of land users not to approve the filing of the paper. Certificate.

5. The case of a recall land that had a claim to recall the land, the settlement of the complaint was made by the law on the settlement of the complaint.

What? 66. The procedure, the procedure to recover the land due to the violation of the law

1. The case of violation of the law that must recover the land, when the expiration of the statute of conduct under the rule of law on administrative violation of the administrative violation, the competent authorities have the responsibility to compile the administrative breach of the administrative breach as a base. decided to recover the land.

In the case of non-case land laws that are subject to administrative violations under the rule of law on administrative penalties in the field of land, the border identifies the violation of the Committee on behalf of the People's Committee. The testis to make the base decide to recover the land and be set up by the following regulations:

a) The resource and environmental agency that organizes the examination to determine the behavior of violation at c, d and g 1 Article 64 of the Land Law; the inspection organization to determine the behavior of violation of regulations at the point h and Point paragraph 1 Article 64 of the Land Law. the belt,

b) In the period of not over 07 days of work, since the date of the border, the person assigned to check, the inspector is responsible for sending the authority to the authorities with the authority to recover the land.

2. The resource and environmental agency that is responsible for the appraisal, verification of the field when necessary, the People ' s Committee on the same level decides to revoking the land.

3. The civil rights committee has the authority to have the following responsibility:

a) Notice the recovery of land for the land use and posted on the electronic information page of the Provincial People ' s Commission, the district level;

b) The direction that the rest of the value of the value has invested in the land or property attached to the land (if any) according to the rule of law;

c) The coercive organization made the decision to recover the land by regulation at paragraph 3 Article 65 of this decree;

d) The actual cost of the recovery of the land.

4. The resource and environmental agency that directed the update, orthography of the land database, the local profile; revoking the certificate or notification of the certificate of no legal value to the case of land users not to approve the filing of the paper. Certificate.

What? 67. Regulatory regulation of sequence, soil requiitation procedure

1. The decision to use the land, the text confirming the display of land composed of the following key content:

a) Their name, the ministry, the work unit of the decision of the decision of the land;

b) The name, the address of the land of requisiers or who is managing, using the land requisiers;

c) The name, the address of the organization, the name and address of the given land use;

d) the purpose, the duration of the land requiitation;

The location, area, land, property attached to the land of requireation;

e) The time of the land of the land requiiture.

2. reimbursable land for the land user when the expiration of the land requiitation is done according to the following regulation:

a) The person who has the authority to decide on the land requiitation decision to return the land requiitation and to send to the person whose land is requiitated;

b) The case of a voluntary requisive for the State is the procedure for the right to use the land according to the rule of law.

3. The responsibility to determine the extent of damages caused by the implementation of the land requiitation according to the following regulation:

a) Chairman of the District People's Committee where the land of requisiers is responsible for determining the extent of damages caused by the implementation of the land requisiation, except for the specified case at the site.

b) The chairperson of the Provincial People's Committee where the land of requisiation is responsible for determining the extent of the damages caused by the implementation of the land requisiation on the case of land requisiation of the administrative grounds of many district-level administrative divisions.

4. The Council component determines the extent of damages caused by the implementation of the resulting land application:

a) Chairman or vice president of the People's Committee as Head of the Board;

b) Members of the financial and environmental agencies, finance and other members are involved; they are also involved.

c) The organ representative of the man with the authority to decide on the ground;

d) Representative of the People's Court, the Institute of the People's Office of the District of the District,

The members are representative of the Communist Front of Vietnam.

e) The representative of the landmass.

What? 68. The sequence, land procedure, land lease, allows for the purpose of transferring the purpose of using rice crops, hedge forests, land-specific forests for other purposes.

1. The procedure, the procedure for which the need for land use, the jurisdiction of the land lease, land lease, allows the purpose of transferring the purpose of the land to be specified as follows:

a) The person who applied the land, lease the land, ask permission for the purpose of using the land to file the appraisal of the resource at the resource and the environment.

For an investment project that has been decided by the National Assembly to invest in investment or the Prime Minister agreed to an investment, it is not to implement the specified appraisal procedure at this paragraph;

b) In the period of no more than 30 days from the date of receiving valid records, the resource and environment agency has an appraisal document sent to the owner of the investment to set up the land, lease land, transfer the purpose of land use.

The specified deadline at this point does not include the procedure time as the procedure for the purpose of the purpose of the use of rice cultivation, the land of the hedge, the jungle, and the use to implement the planned investment project at Clause 2;

c) The Ministry of Natural Resources and Environment specifically regulates the need for land use, land conditions appraisal, land rental, permit transfer of land use.

2. The procedure, the procedure for the purpose of transferring the purpose of using rice cultivation, the jungle soil, the common woodland for the implementation of the planned investment project is as follows:

a) The resource and environmental agency is responsible for aggreging the purpose of using the purpose of using rice cultivation, the common woodland, and the land of the hedge fund to carry out the investment project on the site of the People 's Committee on the same level to report the People' s Committee on or the Ministry of Natural Resources and Environment;

b) In the period of no more than 10 working days since the date of receiving enough valid dosages, the Provincial People 's Committee is responsible for presiding over the appraisal, the Provincial People' s Council passed before the competent People ' s Committee decided to decide the transfer. use of the land; the Ministry of Natural Resources and Environment is responsible for presiding, in coordination with the Ministry of Agriculture and Rural Development appraisal of the Prime Minister accepting the purpose of using the land before the People ' s Committee has the authority to decide. the purpose of transferring the purpose of the land;

c) After the Prime Minister has the text to approve the purpose of using the land, the Provincial People 's Council has a resolution on the purpose of transferring land use, the competent People' s Commission has the authority to carry out land recall, land delivery, land lease, transfer. The purpose of land use.

3. The procedure, land procedure procedure, land lease on the case of land delivery, land lease not through the form of the use of land used as follows:

a) The financial and environmental agency guidelines for the investment of the land, land lease, land lease, exercise of financial obligations under the rule of law; the civil rights committee has the authority to decide on land, to lease land; to sign a lease on the land. The lease of the land.

He was given the land, and gave the land the money for the land of the land of the land, to the land of the land, to the land of the land, and to pay for the land, and to pay for the land for the lease of the land;

c) The resource and environmental agency of the state agency has the authority to grant the rights to the use of the land, property rights in and other property attached to the land; the organization of land delivery on the field and awares certificates to the assigned land, to the lease. land; only the update, the database of land databases, the local profile.

4. The land of land delivery, land lease not through the form of land-based rights auction to carry out the regulatory project at Article 61 and Article 62 of the Land Law, some steps to prepare land, lease land to be executed simultaneously with the sequence, The procedure for the recovery of land is as follows:

a) During the implementation of the land recall plan, investigation, survey, measure, count, the investment holder is conducted in the survey, which measures to set up the investment project under the law of investment law, the law on construction; the authority of the competent authorities. And you shall judge the need for the land of the owner of the investment, and to judge the land of the land, and to the land of the land;

b) During the implementation of the compensation method, support and resettlement was approved, the owner of the investment was filed for the lease of the land, to lease the land without waiting until the completion of the release.

5. The sequence, the procedure for the land lease, the land lease has been released on the grounds of the land lease, the lease of the land via the form of the right to the use of the land used as follows:

a) Based on the annual land use plan of the district rank which has been approved by the state agency, the resource and environmental agency to direct the use of the rights auction method to use the People ' s Committee on the same level of approval;

b) The organization selected to carry out the auction in accordance with the use of land rights auction has been approved to hold the land rights auction;

c) The civil rights committee has the authority to issue a decision to recognize the results of the auction;

d) After the auction man completed the financial obligations, the resource agency and the agency environment have the authority to grant the certificate, the lease of the land lease on the land lease case; the organization of land delivery on the field and awares certificates; Only the update, the land database, the local records.

Where the winner does not submit enough money on the right request, the resource agency and the civil committee environment have the authority to cancel the decision to recognize the results of the auction.

6. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Justice stipulated the organization to exercise the use of land use when the State of the Land of the Land, leased the land.

What? 69. The procedure, procedure allows for the purpose of transfer of land

1. The land user applied for the purpose of transferring the purpose of use of the land accompanied by a Certificate of Certificate to the Environment and Environment Authority.

2. The resource and environmental authority is responsible for the appraisal of the case; verification of the field, which specifies the need for the purpose of using the land; instructs the use of the land to carry out financial obligations under the rule of law; the civil committee has jurisdiction. The decision to allow for the purpose of the purpose of use of land; the only update, the database of land databases, and the primary profile.

In case the investor receives the use of land rights of the person who is using the land to implement the investment project, the procedure of transferring the right to use the land simultaneously with the procedure allows for the purpose of the purpose of the use of the land.

3. The land user performs the prescribed financial obligation.

Section 3

THE SEQUENCE, LAND REGISTRATION PROCEDURE, PROPERTY ATTACHED TO THE LAND, THE LICENSE LEVEL CERTIFICATION OF LAND USE, PROPERTY RIGHTS IN AND OTHER PROPERTY ATTACHED TO THE LAND.

What? 70. Presentation, land registration procedure, property attached to the soil, granting the right to land use, property rights, and other property attached to the first land and additional registration to the property attached to the country.

1. The land user filed a prescribed file as a registration procedure.

2. The case of household, individual, residential community, Vietnamese residing abroad that was owned housing in Vietnam offered to register land, property attached to the land, grant a Certificate of Use of the Land, Property Rights, and other property attached to the property. With the land, the People's Committee is responsible for checking the records and doing the following work:

a) Land registration case confirming the status quo of land use compared to registered content; the absence of a specified paper at Article 100 of the Law of Land and Article 18 of this decree confirmed the origin and timing of land use, the status of the land. It ' s the use of land, the use of the planning.

The case for registration of property attached to the land confirmed the status quo of property attached to the land compared to the registration of the registry; the absence of a prescribed paper at Articles 31, 32, 33 and 34 of this decree confirmed the state of ownership dispute. Property; for housing, construction work confirms the time of the creation of the property, belonging to or not in the case of a permit to build, in accordance with the approved planning; confirm the housing scheme or construction work if there is no confirmation of the organization. function as a legal role in building activities or mapping activities;

b) The case has yet to have a local map before the implementation of the work at this point, the Social People ' s Committee must inform the Land Registry for the implementation of the site of soil chopping up land or examining the site of the land-based site. the use of the land (if any);

c) Nuses publicly test results, confirm the status quo, the state of dispute, origin, and the time of land use at the headquarters of the People ' s Commission and the residential area where land, property attached to the land for a 15-day period; review the settlement. Opinions reflect public content and send records to the Office of Land Registry.

3. The Land Registry Office performs the following work:

a) The case of household, individual, community community filing records at the Office of Land Registry, sent a file to the People's Committee to accept confirmation and to publicly report the results in Article 2 of this Article;

b) Quote the local map or citation of the land itself where there is no local map or already has a local map but the land state status quo has changed or examined the site of the land use by the use of the land (if any);

c) Check, confirm the property scheme associated with the land for domestic organization, religious establishment, foreign organization, foreign individuals, Vietnamese settlers overseas. You know, in terms of building activities or mapping activities;

d) Check the registration records; verify the field in the required case; confirmed enough conditions or not eligible to be issued a Certificate of Use of the land, property ownership in and other property attached to the land into the registration application;

The case of property owners attached to the land without paper or property status varies from the prescribed paper at Articles 31, 32, 33 and 34 of this decree, the state governing body for the type of property. In the period of no more than 5 working days, the state governing body for property attached to the land is responsible for responding in writing to the Land Registry Office;

e) Updated of land, property attached to the land, registered to the local profile, the land database (if any);

g) The case of the land use of the land offering issued a Certificate of Use of the Land, the ownership of the housing and other property attached to the land then sends the main number of supplies to the tax authority to identify and announce the financial obligation, unless the case is not. The statue must file a financial obligation or be filed in accordance with the rule of law; prepare a case for the agency and the application environment for the certification of the land, property rights and property rights, and property rights. level certification for land use, property rights in and other property attached to the land into the local profile, land databases; the exchange of evidence and property rights. The right to use the land, ownership of the housing and other property associated with the land for the granted, the family case, the individual filed records at the township level, sent a certificate of rights to the land, property rights, and property rights associated with the land to the Committee. The people of the class are given to the people who are granted.

4. The Environment and Environment Agency performs the following work:

a) Check out the records and agencies with the authority to grant the rights to the land, property rights, and property, and property rights associated with the land;

The land lease case, the civil rights committee, has the authority to sign the lease decision; the lease of the land lease and the agency to grant the authority to grant the use of the land, the ownership of the housing and other property attached to the land after the use of the land. The land has completed financial obligations under the rule of law.

b) The filing has been resolved to the Land Registry Office.

5. The case of land-use registered land under the rule of law that now has the need to grant the Land Use Certificate of Land, property rights in and other property attached to the land, the filing proposal for the Certificate of Certificate; the Land Registry Office. The belt, the resource and the environment, perform the regulatory work at Point 3 and Clause 4 This.

What? 71. The procedure, the procedure for registration of land for the case of the State of the Land to administer

1. The person who is being delivered by the State of the State to govern the regulation at Article 8 of the Land Law without registering is responsible for filing a land registration filing. The Land Registry Office has a responsibility to examine the status of land use; update information on the local profile, land database.

2. The case was taken by the state agency to administer the land to manage, the Office of the Land Registry was based on the decision to deliver the administration to update information into the local capital records, the land database.

What? 72. The procedure, registration procedure, land-level certification certification, property rights in and other property attached to the land for holders of transfer of land use, housing purchase, construction work in housing development projects.

1. After the completion of the work, the owner of the housing development project is responsible for sending the Department of Natural Resources and Environment:

a) The decision to approve the project or decision to invest or permit investment or investment certificates;

b) The decision to approve the planning of building details of 1/500; construction permits (if any);

c) The certificate or decision of the land, the land lease of the competent organ; the certificate from the implementation of the financial obligation of the housing development project (unless the case is exempt or slowly filed by law);

d) Home map, land built is a completed-hand drawing or design drawing of the edges of each apartment that has sold in accordance with construction status and signed contract; list of apartments, construction works for sale (there are information available). the number of apartments, land area, land area, construction area and general use of each apartment; the apartment building has to show the extent (size, area) of the landowners ' share of the apartments, the building of the apartment building. And the face of every floor, every floor,

Report results on the project.

2. During a period of no more than 30 days from the date of receiving the filing, the Department of Natural Resources and the Environment has the responsibility to examine the status quo use of land, housing and construction work and the transfer of land rights transfer rights, the home sale of the project investment owner.

After the completion of the inspection, the Department of Natural Resources and Environment was responsible for sending the project to the owner of the project on the results of the test; sending the message accompanying the state scheme examined the Land Registry Office to do the home registration procedure, the land for the buyer's side. with the eligible eligible cases of the law.

3. The owner of the housing project is responsible for filing an application of registration records, granting a license to the use of the land, property ownership, and other property attached to the land in place of the recipient of the transfer of land use, housing, construction or supply. file for the buyer to go on your own. The profile consists of:

a) The land register, property attached to the land, issued a certificate of rights to the use of the land, property rights, and other property attached to the land;

b) Contract for the transfer of land rights, purchasing housing, construction work under the rule of law;

c) The border, the land, the construction site.

4. The Land Registry Office has the responsibility to take the following work:

a) Check out the legal papers in the filing; whether or not eligible for the granting of the Certificate of Use of the land, property rights in and other property attached to the land into the registration application;

b) Send the main number of data to the tax authority to determine the financial obligations (if any);

c) Updated information on the local profile, the land database (if any);

d) Preparing the case for the competent authorities to grant the use of the land, property rights in and other property attached to the land specified in Article 37 of this decree;

) Ask the owner of the project to submit a Certificate in the Use of the Land, the ownership of the housing and other property attached to the land that has been issued for editing into the local profile, the land database;

e) Give the Certificate of Use of the Land, the ownership of the housing and other property attached to the land for the granted.

5. The case of the project holder is a violation of the land, the law of construction, the law of housing, the Department of Natural Resources and the Environment report the Provincial People's Committee to deal with the provisions of the law.

What? 73. The sequence, procedure for registration or change, termination of the right to use of adjacent land

1. When birth, change, termination of the right to use the term of adjacent land, one of the application parties, the Certificate (if any), the contract or the sentence, the decision of the Court of the People's Court to the Office for the registration of the land.

2. The office for the registration of the land of inspection, updates to the local profile, the land database and shown on the Certificate if required.

What? 74. The procedure, procedure for extension of land use; validation continues to use the household ' s agricultural land, personally when the expiration of land use.

1. Organization, Vietnamese settlers residing abroad, businesses with foreign investment, household, personal use of land outside of high-tech sector, economic zone and not under the regulation case at Clause 2 and Clause 3 This has a need to renew their use. The soil is done according to the following regulations:

a) Before the expiration of a minimum land use of 6 months, land users with a need to renew the use of the land filed for a limited application of the land.

The case that regulates the investment project that changes the activity deadline of the project will file a proposal to renew the land use after having the text of the agency with authority over the investigation of the investment project;

b) The resource and environmental authority is responsible for determining the need for land use; the eligible case is renewed then the Land Registration Office sends the local information to the tax authority to determine the financial obligations; the People ' s Committee of the same. issued a decision to renew the use of land; the signing of land lease on land lease cases; transfer of records to the Office of the Land Registry for the implementation of the registration.

For an application to renew the use of the land, which is required to apply for an investment project adjustment, the appraisal of the need for use of the land is performed simultaneously with the implementation of the registration procedure adjustment of the investment project.

Where the investment project has a scale adjustment that changes the operational deadline of the project, the term land use is adjusted according to the time of operation of the project;

c) The use of the land filed for granted, the certificate has done the financial obligation on the case of being renewed for use of land for the resource and environmental authority;

d) The land registration office was responsible for confirming the extension of the land use to the Certificate of Issued Certificates; editing, updating the volatility into the local profile, land database; handing out certificates to the issued or sent to the People ' s Committee to exchange it. for the case of filing at the township level;

For non-eligible cases to be renewed for land use, the resource and environment agency informs the person using the land and as a procedure for the procedure.

2. Household, individuals directly producing agriculture that are using agricultural land taken by the State of the State, recognized, receiving the right to use the land, when the expiration of land use is continued to use land under the prescribed term at Clause 1 Article 126 and Paragraph 3 Article 210 of the Law of Land without having to serve as a deadline for regulating land use.

3. Family of household, individual prescribed at paragraph 2 This has the need to confirm the deadline for land use on the certification certificate, procedure execution, procedure as follows:

a) The use of the land file offers to reconfirm the time of land use;

b) The People's Composition Committee where the land checks the case, confirm the household, the individual who is directly using the land to produce agriculture without the decision to recover the land of the state agency with jurisdiction and transfer records to the Office of Land Registry;

c) Land registration office land inspection; confirmation of the deadline is continued to use the land under the specified deadline at Clause 1 Article 126 and Section 3 Article 210 of the Land Law into the Certificate of Issued Certification; orthography, update to the local profile, database, etc. land and give a certificate to the use of the land or to the People's Committee to give it to the case of the filing at the township level.

What? 75. The procedure, the procedure that performs separation or parcel of land

1. The land user filed a file of separation or merge.

2. The Land Registry Office is responsible for carrying out the following work:

a) the main measure of the land to divide the land;

b) The body of the body of the authority granted the authority to grant the use of the land, the possession of the housing, and the other property to the land for the land for the use of the land for the newly separated land;

c) Editing, update volatility into the local profile, land database; awares the Land Use Rights Certificate, property rights, and other property attached to the land for persons granted or sent to the People's Committee on the Social People's Committee to give to the case of the filing. At the township level.

3. The separation case due to the transfer of the right to use part of the land or dispute resolution, complaint, denouncing, auction of land or by division of the household, the group of people using the land; due to the treatment of mortgage contracts, capital contributions, auction receipts The land for execution (later called the transfer), the Office of the Land Registry performs the following work:

a) the main measure of the land to divide the land;

b) Implementers the prescribed motion procedure at this decree for the portion of the transfer area; simultaneously confirming changes to the Certificate of Issued Certificate or the authorities issued a license to grant the use of the land, the ownership of the housing. and the other property attached to the land for the rest of the parcel of land does not transfer rights; orthope; the update volatility into the local profile, the land database; give the use of the land or send the Social People ' s Committee to hand over the case. File a file at the township level.

4. The case of separation from the State revoked part of the land then the resource and environment authorities are responsible for directing the Office of the Land Registry Office to decide the recovery of the state agency with the authority to perform the following work:

a) The measurement of the geographical mapping, the local profile and the land database;

b) The confirmation of the change to the certificate issued and given to the use of the land or to the People's Committee to grant it to the case file filed at the township level.

What? 76. Certificate of certification, Certificate of Home ownership, certificate of ownership of construction work

1. The granting of the Certificate of Certificate, the Certificate of Home Property certification, the Certificate of Ownership Construction granted in the following cases:

a) The land user has the need for the exchange of the Certificate of Housing Ownership, the Certificate of Ownership Of The Construction Work or the Type of Certificates issued before December 10, 2009 to the type of Certificate of Use of the Land, Property Rights, etc. and the other property attached to the earth;

b) The certificate, the housing ownership certificate, the certificate of possession of the building, the construction of the building, the construction of the building, the construction, the breach, the breach, the damage;

c) Due to the filling, the exchange, the redefining of the area, the size of the earth;

d) The case of land use, property ownership attached to the land was the common property of the wife and husband that the Certificate of Certificate issued to them, the name of the wife or of her husband, now has the request for the exchange of certificates to record them, the name of the wife and surname, the husband name.

2. The land user filed a certificate of exchange of certificates.

3. The Land Registry Office has the responsibility to take the following work:

a) Check the case, confirm the recommended application for the certificate of certification;

b) A warrant for the authority to grant the authority to grant the use of the land, the ownership of the housing and other property attached to the land;

c) Updated, orthopedic profile, land database; awares the use of the land, property rights, and other property attached to the land for persons granted or sent to the People's Committee to grant it to the case file filed at the township level.

4. The case of a Certificate in Acceptance Of Certificates After the Excess Swap, which measures the location of the main map that the certificate has granted in the credit organization, the use of the land to submit a copy of the contract to the right to use the land, the property attached to the land. for the certificate issued in order to make a new paper-exchange procedure.

The Land Registry Office is responsible for announcing a list of cases as the procedure for the exchange of certificates for the credit organization where the adoption of land use, property attached to the land; confirmed the acceptance of the mortgage on the Certificate of Rights. use land, property rights in and other property attached to the land after being granted the authority to sign the exchange.

5. The awaring of the Land Use Certificate, the ownership of the housing and other property attached to the newly-traded land stipulated at paragraph 4 This is done simultaneously between the three parties including the Land Registry Office, the land user and the credit organization according to rules as follows:

a) The person who uses the land sign, receives the Certificate of Use of the Land, the ownership of the housing and other property attached to the new land from the Office of the Land Registry to give credit to the institution where the mortgage is accepted;

b) The credit organization is responsible for handing out old certificates that are in the mortgage for the Office of the Land Registry for management.

What? 77. Level the Certificate of Certificate, Property Rights Certificate in, Certificate of Ownership Certificate Building due to the loss.

1. Household and individual, the residential community must declare to the People 's Committee where the land on the loss of the Certificate of Certificate, Certificate of Home Property certification, the Certificate of Ownership of the Building Building, the Social People' s Commission is responsible for. The report lost the Certificate of Certificate at the headquarters of the Social People's Committee, except for the loss of paper due to natural disasters, fire.

Domestic organizations, religious grounds, foreign organizations, foreign individuals, Vietnamese residing abroad must file for the loss of certificates, certificates of residence rights, and certificates of ownership of construction work on social media. Local news, local news.

2. After 30 days, since the date of the listing announcement of the loss of the certificate at the headquarters of the Social People ' s Committee on the case of households, individuals, the community community or since the date of the first posting on the local news media in the locality. In the case of domestic organization, religious establishment, foreign organization, foreign individuals, Vietnamese residing abroad, the recipient of a Certificate of Filing A Certificate Of Certificate.

3. The land registration office is responsible for checking the records; extracts the local map or citation of the land itself for the unincorporated case of the site, and has not yet cited the site of the land; the state agency ' s body records have the authority to rule. At Article 37 of this decree, the decision to cancel the Certificate of Seizure, and the signing of the Land Use Certificate, the ownership of housing and other property attached to the land; editing, updating volatility into the local profile, the land database. The belt; awares the right to land use, property rights in and other property attached to the land for persons granted or sent to the People's Committee of the People's Committee. for the case of the filing at the township level.

What? 78. The procedure, the procedure of converting the right to use of the household ' s agricultural land, the individual to perform "copping up estate"

1. Household, individual use of agricultural land is self-agreed with text of the transfer of the right to agricultural land.

2. The Social Committee of the People's Composition converts the right to use agricultural land for the entire commune, the ward, the town (including the progress of the transition period) and sending the method to the Department of Natural Resources and the Environment.

3. The Resource and Environment Room is responsible for the investigation of the approval of the District People's Committee and directed by the Committee of the People's Committee on behalf of the families, individuals who convert the land according to the approved method.

4. The Department of Natural Resources and Environment performs the measurement of the establishment, orthopeonthegraph.

5. Household, the individual using the land filing a certificate exchange certificate.

6. The Land Registry Office has the responsibility to carry out the following work:

a) Check the profile, confirm the change content to the application for the Certificate of Certification;

b) A warrant for the authority to grant the authority to the use of the land, property rights, and other property attached to the land for the use of the land;

c) Set or updated, orthopedic profile, land database; the organization awarded the claim to the use of land, property rights, and other property associated with the land for the use of the land in the commune, the ward, the town where the land is located.

In the case of the use of land using land at the credit organization, the Office of the Land Registry is awarded the Certificate in accordance with the Regulation 5 Article 76 of this decree.

What? 79. The procedure, the conversion procedure, the transfer, the lease, the lease, the inheritance, the donation, the capital by the use of the land, the ownership of property attached to the land; transfer of land use, property ownership attached to the land of your spouse or husband. Husband and wife.

1. The land user filed a case of the land-using entity, owner of the property attached to the land.

The land of the land use of land users on a parcel of land, the land user recommended that the land registration office perform the separation of the land to the area that needs to exercise the right of the land user before filing the case. The rights of the land.

2. The land registration office is responsible for checking the records, if eligible for the prescribed rights are done following the following:

a) Send the local information to the tax authority to identify and announce the financial obligation to the case that must take the financial obligations under the regulation;

b) The validation of the volatility content into the Certificate is granted under the regulation of the Ministry of Natural Resources and Environment.

The case must issue land-use certificates, property rights, and other property attached to the land, the body of a body-funded organ, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, property rights, and property rights. The land.

c) Editing, update volatility into the local profile, land database; give a certificate to the person using the land or send the Social People's Committee to give to the case of filing at the township level.

3. The case for the use of land for the use of land to build public works, it must be written for the right to use land by regulation.

After the completion of the construction of public works on land donated to the site, the Office of Land Registry of the Base for the Rights of the Land was validated by the People's Committee, and the status quo was used for measuring, adjusting the volatility in the local records. It is the basis of land data, and informs the user of the land that file the certificate issued to confirm the change. The person who uses the land for the entire land area has issued a certificate, which revoked the certificate for management.

4. The case of the recommended issue of the Certificate of Certificate has died before being given the Certificate of Certificate, the heir to the right to use the land by the inheritance of the inheritance law submitted to the prescribed inheritance document.

The Land Registry Office confirmed the inheritance to the Certificate of Signed Or Filing to the authorities with the authority to grant the rights to the land, ownership of the housing and other property attached to the land for the heirs according to the Ministry of Finance regulations. And the Environment. The person inherited is responsible for carrying out the financial obligations of land use, property attached to the land in the case of the recipient of the deceased's Certificate of Law.

5. The case of the employer of the lease of the state in the form of a land lease that pays the annual land rent that sells or contributes to the property that is associated with the leased land, the procedure follows the following regulation:

a) for the sale of the land, and to the land according to the law of the people;

b) After the purchase of the sale, capital of the property attached to the lease, the Office of the Land Registry for the Purchase, and the donation of equity to the land that continues to lease the land;

c) The resource and environmental authority is responsible for the appraisal of the competent People's Committee on the sale of the land of the seller, the equity and property of the property attached to the lease to the lease, to the buyer, to the buyer, to the buyer. The land continues to lease land; the lease of the land lease on the buyer's side, which receives capital gains with the lease; the written notice to the tax authority on the expiration of the lease on the lease of the land contract to the seller, the capital of the property;

d) The land registration office sends a lease of land to the buyer, who receives capital by property attached to the land of rent; editing, updating the volatility into the local profile, land database; awares the certificate to the granted;

The case of purchase, capital, and property associated with a portion of the lease, must be forced to separate land before the procedure is made to lease the land under the provisions of this clause.

What? 80. The sequence, the procedure for deletion of the rental registration, releasing, which contributes to the use of land, property ownership is tied to the land

1. One of the parties or parties to the contracting parties, the lease, the property that contributes to the use of the land, property ownership is tied to the land of filing a lease of the lease, the lease, and the use of the land, the ownership of the property attached to the land.

2. The Land Registry Office has a responsibility to examine the records, if the rules of law are appropriate for the following work:

a) Confirper the deletion of the lease, releasing, the deletion of capital to the Certificate of Certification, and giving it to the lease, for the lease, the capital. The lease case, land rental in the industrial area and the case for capital use of land which issued a certificate for the lease, land refunds, the recipient of capital, revoked the certificate issued; the recipient of the certificate was granted the certificate. the use of land, property rights, and other property is associated with the land.

The time case for the use of land ended with the time of the lease, the lease of the land, the use of capital by the use of land that the land used does not have the need to continue using the land or the absence of a state authority with the authority to renew the land. If you don't want to, you'll recover the certificate

b) Do the deletion of the lease for the lease, for the lease, to the deletion of capital into the local profile, the land database.

3. The funding by the use of land terminated in the following cases:

a) Over the days of the land of the land;

b) The one side or the parties offer by the agreement in the contribution of capital;

c) Being revoked at the rule of the Law of Land;

d) A capital contribution by the right to use the land in the contract of business cooperation or joint venture enterprises is declared bankrupt, dissolved;

The individual is involved in the contract to die; it is declared dead; lost or limited to civil conduct; is prohibited from operating in the business of business cooperation that the contract has to be made by the individual;

e) The person involved in the contract was terminated, which the contract had to be made by the law.

4. The treatment of land use when an end to the capital is specified as follows:

a) The case of the remainder of the capital, or the agreement of the parties to the end of the capital, the government's rights to the use of the land continue to use it for the remainder of the year.

Where the land use has expired or the right to use the land without the need to continue to use, the State for the recipient of the funding continues to lease the land if there is a need;

b) The case ends with the decision of the state legislature to be determined by the law of the land.

c) The case with the funding of capital or the capital to the use of the land is the bankruptcy organization, the right to use the land that has been handled by the decision to declare the bankruptcy of the People's Court.

The recipient of land and property rights tied to the land by the decision of the People ' s Court then continued to use the right land was determined in the time of the use of the remaining land and granted the Land Use Rights Certificate, housing ownership. and other assets associated with the land.

In the absence of an authority to take possession of the land and property to the land, the State revoked the land and the property.

d) The case of the individual to the contract of the dead, the right to use the land, has been made to inherit according to the law of the people;

In the case, the individual case of the contract was declared dead, dead or limited to the power of the people, to be resolved according to the law of the people;

e) The case of a joint venture enterprise or the capital of capital by the use of the land is the institution, the right to use the land that has been treated under the agreement between the parties in accordance with the provisions of the Law of Land and other provisions of the law. It's relevant.

What? 81. The procedure, registration procedure, clears the mortgage registration by land use and treatment of mortgaged land rights, to revoking debt.

1. The Ministry of Justice chaired, in coordination with the Ministry of Natural Resources and the Environment for the registration of the mortgage to use the land, property attached to the land.

2. The handling of the right of land use secured under the provisions of the Land Law of 2003, which accepted the mortgage to revoking the debt stipulated as follows:

a) the right to the right to use the mortgage, the bail granted under the agreement of the mortgage, the bail contract. The case does not deal with the agreement, the recipient of the mortgage, the recipient of the right to transfer the right to the right to use the mortgage, has been granted bail to the other to revoking the debt or ask the state agency to have the right to auction. the land without the consent of the mortgage, the bail or the prosecution at the Court of the People according to the rule of law;

b) The recipient of the authority to use the land specified at the point a paragraph is granted the right to the use of the land, the ownership of the housing and other property attached to the land; the use of the land according to the purposes specified and has the rights, the obligations under the law. the law of land in the time of the use of the land; for the land of the land, the use of the land is settled.

What? 82. The procedure to register, grant licenses to use the land, property rights in and other property attached to the land for the case which has transferred land use but has not yet carried out the prescribed procedure procedure.

1. The case of people using the land due to the transfer of the transfer, the inheritance, received for the right to use the land before January 1, 2008 that the land has not been granted a certificate and is not in the prescribed case at clause 2. The right to the right to use the land, the license to use the land, the ownership of the land, the ownership of the housing, and the other property that is tied to the land at the first time, under the provisions of the Law of Land and Regulations at this decree, without the procedure. the right to use the land; the agency recepts not to have the recipient of the transfer of the right to the right of the land, the transfer of the right to the ground. The rules of the law.

2. The case in which the person is using the land due to receiving the transfer, the inheritance, received for the right to use the land before July 1, 2014, which the recipient of the right to use land only has the certificate of the right to the right to use the land or contract, the paper. of the transfer of the right to the land by regulation, as follows:

a) The recipient of the right to use the land applied to grant a Certificate of Use of the land, property rights in and other property attached to the land and papers on the right to use of the existing land;

b) The office of registration of land informed by text for the transfer of the rights and listing at the headquarters of the People ' s Commission on the grounds of the employment of the Civil Rights Certificate certification, the ownership of the housing and other property attached to the land for the people. It's a transfer. The unknown case of the transfer of the authority to inform is to be posted on the local news media of the local three consecutive numbers (registration costs due to the recipient of the license to issue land use, housing ownership, and property rights). They ' re connected to the land.

c) After a 30-day period, since the date of the announcement or registration for the first time on the local public information vehicle without a dispute resolution, the Office of the Land Registry is filing a case for the authority to have the authority to decide. The Certificate of Certification is granted to the case of not submitting a certificate to serve as the co-recipient of the Land Use Certificate certification, the ownership of the housing and other property attached to the new land for the recipient of the transfer.

In the case of a dispute resolution, the Office of the Land Registry directed the parties to the state agency with the authority to resolve the dispute under regulation.

What? 83. The procedure of registering volatility for the case of private enterprise establishment, investment project transfer, corporate transformation; division, separation, merge, corporate mergers and acquisitions.

1. A family of household, individual who form a private enterprise and land use in manufacturing operations, business of the business without changing the purpose of land use, private enterprise is continued to use land and is responsible for the employment of the land. The variable register changes the name of the land using the land by regulation at point b 4 Article 95 of the Land Law and Article 85 of this decree. The use of the land is leased by the State, and the private enterprise has to re-sign the lease of the land lease with the Department of Natural Resources and the Environment before receiving the certificate.

Home-to-family, private enterprise and land use in manufacturing operations, the business of the right-in-case business should be able to apply for the purpose of using land, the private enterprise must do the purpose of transferring the purpose of use. Earth. The private enterprise filed records for the purpose of using the land along with the registration profile of the land user name; the authorities have the authority to consider the decision to allow the purpose of the purpose of using the land at the same time as the review of the land use of the land user name.

When the private enterprise terminated the operation that the right to use of the land was not processed under the rule of law, the register changed the name of the land to change the name of the land to the household, the individual pursues to the stipulation at point b 4 Article 95 of the Land Law and Article 85. of this decree.

2. The case of the transfer of the investment project with the use of the land under the rule of law is done by the stipulation as follows:

a) The case of transfer of the project on which the transfer party is used by the State of the State to collect land, lease the land to pay land rent once for a whole time of lease or to receive transfer of the land under the rule of law that the money uses. The land, the land rent, the transfer of the right to the right of the right to the right of the state budget, is that the parties involved have the right to transfer the rights to the land by regulation at Article 79 of this decree. The project transfer contract must demonstrate the value of land use in the total value of the project transfer and have an alternative value for the transfer of the land rights transfer contract when the procedure of transfer of land use;

b) The case of transfer of the project on which the transfer party is not collected by the State of the Land or lease of land rent or land for land-based or land-paid land, the land lease pays the land rent once for a lease period, Receiving the right to land the use of the land, the land rent, the land rent, the transfer of the right to the right of the right to the state budget, the parties involved in the transfer of the project and the certificate issued to the procedure. It ' s like the property that sells property attached to the soil.

The Department of Natural Resources and the Department of the Provincial People's Committee decided to revoking the land on the transfer side of the project and the decision to deliver the land, lease the land to the recipient of the project transfer; the license issued the rights to the use of the land, property rights, and property rights. It is tied to the land for the transfer of the project under the rule of the law of the land.

3. The Ministry of Natural Resources and Environment details the registration of land volatility on the case of corporate transformation; division, separation, merge, corporate mergers.

What? 84. The procedure, the registration procedure for the earthquake, property attached to the land in the event of the sale of the right to land use; settlement of disputes, complaints, claims of land; handling of collateral, capital, capital auction; property attached to the land for execution; division, separation, merge, organizational merger, corporate transformation; merger agreement or division of land rights, property ownership attached to the land of the household, of the wife and husband, the group of people who use the land.

1. The person responsible for filing the prescribed profile is as follows:

a) The recipient of land use, property attached to the filing land on the case of receiving the right to use the land according to the outcome of the dispute resolution, the complaint, the land denouncing the land; the treatment of the mortgage by the use of the land, the property attached to the land. The decision, the decision, or the sentence of the People's Court, the execution of the court of the executor of the court of the law was executed; and the charge of the power of the land, and the possession of the land, and the possession of the land; and the separation of the household, and the group of the land;

b) The organization has implemented the treatment of land use, property attached to the land filing on behalf of the recipient of land use on the case of a mortgage contract, which contributes to the use of land, property attached to the ground not under a deal; to sell land rights auction, property attached to the land to enforce the law by law.

2. The filing of registration records for the use of land, property attached to the land made by regulation at Article 60 and Article 79 of this Decree.

3. The Land Registry Office has a responsibility to check the profile, if appropriate law enforcement is done, the following work is done:

a) The site of the land of parcel land for the absence of a land map, which has not been cited by the soil itself or receiving the right to use a section of land that has issued a certificate granted;

b) Send the local information to the tax authority to determine the financial obligations to the case that must take the financial obligations under the regulation and notice the financial obligations of the financial case;

c) Confirification to the Certificate of Issued Certificate; the case must issue a Certificate of Land Use Rights Certificate, property rights in and other property attached to the land under the prescribed size of a certificate of organ-granting authority that recognizes the use of land, property rights, and property rights. the house and the other property attached to the land if there was a need;

d) Updated to volatility into the local profile, land database; awares the rights to the use of land, property rights, and other property attached to the land for persons granted or sent to the People's Committee, to give it to the case of the filing. At the township level.

What? 85. The procedure, the procedure for registration of land volatility, property attached to the land due to changes in information about the recipient of the certificate granted; decreased land area due to natural landslides; changes in terms of land use restrictions; changes in financial obligations; changes in the area. Property attached to the land compared to registered content, the certificate level; the transfer from the form of rent land paid annually to rent land paid once for either the lease period or the land delivery that does not collect money using land to land or from land. Rent land to land and land money.

1. The land user filed a variable registration profile.

2. The Land Registry Office has a responsibility to examine the records, if appropriate in accordance with the rule of law, the following work is done:

a) The site of the land of the land for a change in the area of land, property associated with land or case has issued a certificate, but has not yet made a map of the land, and has not been measured by the land of the land;

b) The registration case changes the area of construction, use area, high level, texture, level (class) house or construction work that does not conform to a construction permit or no construction permit for the required case, the required vote is required. the knowledge of the governing body, the licensing of the building according to the ordinance of the law of construction;

c) Submit the local information to the tax authority to identify and announce financial liability for the case to pay for land use, land rent in accordance with the rule of law;

d) The confirmation of the change to the Certificate of Issued Certificate or filing of a Certificate of Organ Authority with the Certificate of Soil Usage Certification, property rights in and other property attached to the land for the case to grant the Certificate of Certification by the Ministry of Finance. and the Environment and Environment; notify the employer or sign the lease of the land lease with the resource and environment authority over the case to lease the land;

) Editing, update volatility into the local profile, land database; exchange certificates for persons issued or sent to the People's Committee to give to the case of filing at the township level.

3. The case of land use has the need for the purpose of transferring the purpose of land in conjunction with the variable registration of the content under the specified rules at Article 1 and Section 2 This is simultaneously with the purpose of using the target. Earth.

What? 86. The procedure of the Certificate of Certification, Certificate of Home Property certification, Certificate of Property Certificate of Construction has granted

1. People who use the land, property owners attached to the land filing the certification, the Certificate of Home Property certification, the Certificate of Possession Construction issued a warrant for the Office of the Land Registry for the engagement. The case is erronable due to land use, property owners associated with the land, the owner of the land, the owner of the property attached to the land must have the offer to be engaged.

In the case of the Land Registry Office that uncovered the Certificate, the Certificate in Ownership Of The Housing, the Certificate of Ownership Certificate, informed the use of the land and required the use of the land, the owner of the property. The product attached to the land submitted the certificate granted to the implementation of the engagement.

2. The land registration office is responsible for examination; the editorial editorial of the conclusions about the content and cause of error; the stance of the agency ' s agency with the authority to implement the engagement to the Certificate, Certificate of housing ownership, the Certificate of Property Rights. The construction work has been made to the public; while adjusting for the internal record, the land database.

3. The main case of engagement where the recipient of the certificate, the Certificate of Housing Ownership Certificate, the ownership certificate in possession of the construction work required a grant to the Certificate of Use of the Land, the ownership of the housing and other property attached to it. Land, the Office of the Registry of the Land for the Office of the Authority to grant the Certificate of Use of the Land, the ownership of the housing and other property associated with the land.

What? 87. The procedure of revoking the certificate, Certificate of Home Property certification, the Certificate of Ownership Ownership has issued.

1. The case of state recuperation of land pursuits in accordance with Article 61 and Article 62 of the Law of Land the use of the land is obligated to submit the certificate issued prior to receiving compensation, in accordance with the provisions of the law of the land. The organization for reparation, the release of the face is responsible for collecting certificates issued to the Office of Land Registry for management.

2. The case of state recituation of the land pursuits in accordance with Article 64 and Article 65 of the Law of Land, the use of the land applied the certificate prior to the table of land to the State, except for the specified case at B Point 1 Article 65 of the Land Law. The organization was tasked with performing a land recall responsible for the collection of certificates issued and transferred to the Office of the Land Registry for management.

3. The case in exchange of certificates, Certificate of Contracting Housing, the Certificate of Ownership Ownership issued or registration of a land-based upheaval, property attached to the land which must grant the Certificate of Use of the Land, Home Property Rights. and other assets associated with the land, the land user submitted the previously issued certificate along with the case of the certificate exchange, the motion registration record.

The Land Registry Office manages the certificate submitted after the end of the radical procedure, the procedure for registering the land, property associated with the land.

4. The case of revoking the Certificate of Issued Certificate is not correct the rule of the land law at the Point 2 Article 106 of the Land Law implemented as follows:

) The case of the investigation, the inspector general has the document to conclude that the certificate has granted the wrong decision of the law of the land, the state agency has the authority to consider, if that conclusion is correct, the decision to revoking the evidence. received; the review case, which determines the certificate issued as the correct procedure of the law, has to be notified to the investigative body, the inspection agency;

b) The case of the state agency with the authority to grant the use of the land, the ownership of the housing and other property attached to the land that uncovered the Certificate of Issued Certificates of the law of the land, the written notice for the agency. If the conclusion is that the certificate is not correct in the law, then inform the user to know the reason; 30 days from the date of the date, the date of sending the person to the ground without a complaint, the decision is made. recovery certificate issued;

c) The case of the land use of the land detection of the Certificate of Issued Certificate is not correct for the law of the land, then sent the petition, discovered that the state agency has the authority to grant the right to the right to use land, property rights, and other property. With land. The state agency has the authority to grant the rights to the use of the land, property ownership, and other property attached to the land that is responsible for consideration, as determined by the stipulation at this point b;

d) The land registry office carried out the recall and management of the recovered certificate in accordance with the decision to revoking the certificate of the competent organ;

The case for the use of the land, the owner of the property attached to the land does not agree with the settlement of the state agency with the authority stipulated at the points a, b, and c.

5. The State does not revoking the Certificate of Granting Law in the prescribed cases at Point 2 Article 106 of the Land Law if the recipient of the certificate has made the procedure of conversion, transfer of land rights, ownership rights, and rights. property that is attached to the land or the purpose of use of the land and has been settled under the rule of law.

The treatment of the damage was caused by the granting of the law to be made by the decision or conviction of the People's Court. The person with the breach led to the granting of the Certificate of the Legal Processed Code by regulation at Article 206 and Article 207 of the Land Law.

6. The recall of the Certificate of Certificate issued not in the prescribed case at paragraph 2 Article 106 of the Land Law only made when the sentence or decision of the Court of the People's Court was enforced.

7. The case of revoking the certificate in accordance with provisions 1, 2, 3, 4 and 6 This is the property owner, the owner of the property attached to the land not handed over the certificate, the Office of the Land Registry is responsible for reporting the authorities. issue of the Land Use Certificate of Land, property rights in and other property attached to the land decided to cancel the Certificate of Issued Certificates; modify the local profile under the regulation; the list of the Certificate of Certificates has been cancelled to the Department of Natural Resources and Environment, Directorate General Land management for public announcements on electronic information pages.

8. The land registration office is responsible for the authority to grant the authority to grant the Certificate to the Land of the land in accordance with the law; the case of the certificate has granted the law of the law by the person using the land or the wrong rank. Subject to the use of the land using the procedure to re-grant the Certificate of Identification.

Section 4

THE PROCEDURE FOR THE RECONCILIATION AND SETTLEMENT OF THE LAND DISPUTE

What? 88. The procedure of reconciliation of land disputes

1. When receiving the order to resolve the land dispute, the Social People ' s Committee is responsible for carrying out the following work:

a) Examine, verification of understanding of the cause of the dispute, gathering papers, related materials provided by the parties to the origin of the soil, the process of using soil and the status of land use;

b) Set up the Council of the Reconciliation Dispute to make reconciliation. The Council component consists of: Chairman or Vice Chairman of the People's Committee as Chairman of the Council; representatives of the National Front Committee, ward, town; the city's organization for urban areas; the village chief, incubate for rural areas; the representatives of some cities. Long-lived residents of townsfolk, ward, town know of the origin and process of use for that land; the head of the department, the judicial officer, the ward, the town. Depending on the specific circumstances, it is possible to invite the House of Farmers, the Women's Society, the Veterans Society, the Communist Youth League of Ho Chi Minh;

c) The organization of the reconciliation meeting was attended by the parties of the dispute, members of the Council for the Peace of the Land and the Relevant, the relevant obligation.

The mediation was only conducted when the disputes were present. The case of one of the parties in the absence of the second court was considered a failed reconciliation.

2. The land dispute resolution must be established as a border, which includes the content: Time and place of reconciliation; composition of the mediation; summary of the dispute content that is evident on the origin, the time the land use is disputed, The cause of the dispute (according to the results of the verification, understanding); the opinion of the Council of Peace disputes the land; the content was agreed upon by the parties, without agreement.

The reconciliation process must have the signature of the President of the Council, the parties of the dispute present at the mediation, the participants reconciled and must be stamped by the Social People ' s Committee; at the same time must be sent right to the parties of the dispute and save at the Human Committee. I don't know.

3. After a 10-day period from the date of the reconciliation of the reconciliation of the establishment parties with the written opinion of other content with the unified content in the reconciliation of the city, the Chairman of the People's Committee of the People's Committee reorganizes the Council meeting. solved to consider the solution to an additional opinion and must either form the reconciliation of the city or not.

4. The case of reconciliation in which there is a change in the status quo on land use, land use, the Committee of the People's Committee of the People's Committee of the Republic of the Republic of the Republic of the Republic of China shall be sent to the authority to settle under the provisions of Article 5 of Article 202 of the Law of Land.

The case of reconciliation failed or after the reconciliation of the city, which at least one of the parties changed its opinion on the outcome of the reconciliation, the Social People's Committee of the Social Committee of the People's Committee of the mediation did not become and instructed the parties to submit their application to the competent authorities. The next argument.

What? 89. The procedure of resolving the land dispute under the jurisdiction of the Chairman of the District People ' s Committee, provincial level

1. The person with a single request for a settlement of the land dispute filed in the Civil Rights Committee has jurisdiction.

2. The chairman of the Committee of the People's Committee has the authority to take charge of the task force.

3. The Joint Chiefs of Staff to investigate, verify the incident, reconciliation between the parties of the dispute, hold the meeting of the boards, the relevant sector to advise the settlement of the land dispute (if necessary) and complete the profile of the Chairman of the People ' s Committee. It ' s the same radical decision to resolve the dispute over the land. Land dispute resolution records include:

a) The petition for resolving the land dispute;

b) The resolution of the mediation at the People's Committee; the editorial works with the parties of the dispute and the relevant; the editorial examination of the disputed land; the commission of the committee meeting, the relevant sector to advise the settlement of the land dispute. The reconciliation case failed; the resolution of reconciliation in the dispute resolution;

c) Quote the map, the main site through the period associated with the disputed land area and the document as evidence, proved in the dispute settlement process;

d) The proposed proposal and draft decision to resolve the dispute or draft decision to recognize the reconciliation of the city.

4. The chairman of the Committee of the People's Committee has the authority to issue a decision to resolve the dispute or the decision to recognize the reconciliation of the city, to the parties of the dispute, the institutions, the individual has the right and the associated obligations.

What? 90. The procedure of resolving the land dispute under the jurisdiction of the Minister of Natural Resources and Environment

1. The person with a single request to resolve the land dispute sends a single to the Minister of Natural Resources and Environment.

2. After receiving the order to resolve the land dispute, the Minister of Natural Resources and the unit of the unit of the unit assigned the purpose of the settlement. The unit was successfully assigned to conduct the collection, study of records; organization of reconciliation between the parties of the dispute; the case needed the Minister of Natural Resources and the Environment to decide to form a partnership to conduct the interrogation, verify the incident. The Department of Natural Resources and Environment decided to resolve the land dispute.

3. Land dispute resolution:

a) The petition for resolving the land dispute;

b) The editorial works with the parties of the dispute, with the organization, the individual involved; the editorial examination of the disputed land; the reconciliation of the reconciliation in the dispute resolution;

c) Quote the map, the main site through the period associated with the disputed land area, records, documents as evidence, demonstrated during the settlement of local land disputes;

d) The proposed proposal and draft decision to resolve the dispute or draft decision to recognize the reconciliation of the city.

4. The decision to resolve the land dispute or the decision to recognize the reconciliation of the city is sent to the parties of the dispute, the institutions, the individual with the right and the associated obligations.

What? 91. The base to resolve the land dispute in the event of the undisputed parties did not have papers on the right to use the land; forced enforcement of the decision to resolve the land dispute, decided to recognize peace.

1. The land dispute in the case of the parties of the dispute without the Certificate of Acceptance or no one of the prescribed papers at Article 100 of the Land Law and Article 18 of this decree the dispute resolution is made based on the grounds. All right.

a) The proof of the origin and the process of the land use by the sides of the land.

b) The actual land area in which the disputed parties are using outside the land area is in dispute and per capita land for a local demographic;

c) The suitcase of the status of land-based use in dispute with the planning, land use plan has been approved by the state agency;

d) the policy of favours of the citizens of the State;

The laws of the land, the lease of the land, the use of the land.

2. The decision base for the forced execution of the administrative decision, the Provincial Committee of the Provincial Committee stipulated details of the enforcement of the decision to resolve the dispute over land disputes, decided to recognize the settlement.

Chapter VIII

MONITOR AND EVALUATE THE MANAGEMENT AND USE OF LAND.

What? 92. The function of tracking and evaluation systems

1. Track, synthesis of the law enforcement of the land; analysis, assessment of management effectiveness, land use and policy impact, laws on land to economics, society and the environment.

2. Take on the opinions of the organization, citizens on management, land use; transfer of opinions to the competent authorities to resolve.

3. Public information obtained from the process of management and use of the land; the results of the settlement stipulated at paragraph 2 This on the electronic information page of the tracking and evaluation system.

4. Proposal for the amendment, policy addition, land law; organizational measures, land laws.

What? 93. The design principle, operating system tracking and evaluation.

1. The system of tracking and evaluation for land management and use is the component of the land information system; it is set to unify from the Central to the Local and be publicly published on the national information network as defined by the law.

2. The system of tracking and evaluation for land management and use must reflect the scale, quality and efficiency of management, use of land; the impact of policy, law on land; transparency levels and the participation of the people into the process of management of the land. and uses land through quantitative and qualitative indicators.

What? 94. Provide and reflect information on management and use of land.

The provision and reflection of information on management and use of land by the following regulation:

1. The resource and environmental authority is responsible for reporting and providing full, precise, timely, objective information about management, land use; the results of implementation of the projects, project on land management for the Committee on the same level and the financial body. and the upper tier environment to update on the tracking and evaluation system.

2. The ministries, the other sector that are involved and the Provincial People ' s Committee are responsible for reporting and providing full, accurate, timely, objective-related information about management, land use within the scope of management duties of ministries, industry, local, and other areas. method for the Ministry of Natural Resources and Environment.

3. The organizations, individuals who reflect full, accurate, timely, objective information about management, use land for the land management agency, the People ' s Committee to update on the tracking and evaluation system.

What? 95. The responsibility for construction and operation of tracking and evaluation systems

1. The Ministry of Natural Resources and Environment:

a) Design, building system tracking and evaluation for land management and use of land; management, organization operating system tracking and management assessment and use of land in the Central; guiding management and operating system management tracking and evaluation of management and management. And using local land.

b) Directs, instructs the organization to carry out the annual evaluation of management, land use and the impact of policy, law on land; and

c) Set up a periodic report and report mutations in terms of management, use of the land and the impact of policy, land laws;

d) Board of criteria, evaluation process for management, land use and policy impact, land law; speech, pattern reporting, and reporting responsibility of the resource and environmental organ system.

2. The Provincial People ' s Committee is responsible for directing the construction, operating system of tracking and assessment of management, using local land.

3. The local resource and environmental authority is responsible for managing and organizing the operation of tracking and evaluation systems on the management and use of land locally; reports the People ' s Commission on the same level and the resource and environmental authority on the basis of the organization. management, use of the land, the impact of the land policy on demand.

Chapter IX

HANDLING OF THE LAND LAW VIOLATION.

THE MAN WITH A VIOLATION OF THE LAND LAWS.

WHEN THE OPERATION IS IN THE LAND AREA

What? 96.

1. The head of the organization, the Chief Minister of the Authority has the authority to decide on land management that acts as a violation of the land law.

2. The officer, the civil administration of the land governing body of the department and the cadet of the township, ward, the town has a violation of the regulations on the order, the administrative procedure in land management.

3. The head of the organization, cadres, civil officials, officials, employees of the organization are given by the State of the Land to govern under the provisions of the provisions at Clause 1 Article 8 of the Land Law which has a violation of land laws on land to be administered for management.

What? 97. Behavior violation of land when the enforcement of the service in the field of land.

1. Violation of the regulation of records and administrative boundaries include the following behaviors:

a) Make the location of the location diagram, the coordinate table, the boundary of the administrative boundaries;

b) Location of the administrative locale is wrong on the field.

2. Violation of planning regulations, land use plans include the following behaviors:

a) Not to organize, regulate the planning, plan to use land in time by regulation;

b) Do not properly implement the organization taking the opinion of the people in the planning process, the land use plan;

c) Do not publish the planning, land use plan; do not publish the adjustment or cancellation of the recall or transfer of the purpose to the land area of land inscribed in the land use plan that after 03 years has not yet decided to recall land or not permitted. The purpose of using the land; no planning, land use.

3. Violation of the regulation of land delivery, land lease, land purpose transfer includes the following acts:

a) to deliver the land, and to deliver the land, and to rent the land in the right place, and to land in the land of the field;

b) Land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, land, and land.

c) The land return, land lease in high tech sector, economic zone, port of aviation, civil airport unsuitable for building planning has been approved by the state agency.

4. Violation of the regulation of soil recovery, compensation, support, resettlement includes the following behaviors:

a) Not to inform the person whose land was revoked in accordance with regulation at Article 67 of the Land Law; not publicly means of compensation, support, resettlement;

b) Do not properly implement the organization taking opinion on the compensation method, support, resettlement;

c) Perform compensation, support, resettlement is not correct object, area, compensation, support, resettlement for the person with the soil recovered; misbehavior of soil recovery; determining the location and land area recovered on the field;

d) The land recall was not correct; it was not correct; it was not true for land use planning, land use plans were approved by the state agency.

5. Violation of the regulation of soil requiitation includes the following behaviors:

a) The practice of compensation is not correct, the area, the compensation level, the compensation deadline for the person whose land is requitiated;

b) The soil is not correct in terms of regulation at Clause 1 Article 72 of the Land Law.

6. Violation of land management regulations provided by the State for management including the following acts:

a) To the state of the law that the law allows for the use of temporary land for the use of the land which is wrong;

b) Use the wrong land;

c) So that the land is invaded, taken, lost.

7. Violation of the regulation of sequence execution, administrative procedure in management and land use includes the following behaviors:

a) Not receiving a valid, complete, non-specific file when receiving the case, causing trouble for the file person, receiving a file without writing to the tracker;

b) The self-imposed administrative procedures of the general regulation, causing trouble for the application of administrative procedures;

c) The execution of the administrative procedure is not the same self-regulation, delaying the delivery of the types of papers that have been given by the authority of the authority to the application of the chief executive;

d) The administrative procedure is slow compared to the specified deadline;

The refusal to carry out or do not exercise administrative procedure but by the rule of law on the land has been eligible for execution;

e) Perform the wrong administrative procedure;

g) The decision, opinion, or confirmation of the non-correct filing of the damage or facilitation of the application as the administrative procedure for damages to the State, organization, and citizenship;

) Lost, damaged, misaligned the profile contents.

What? 98. Apply the provisions of the law on cadres, civil officials, officials to handle violations of the land laws on the person who conduct a violation of the land law when the enforcement of the service in the field of land.

The rules for discipline and discipline rule, the statute of limitations, the statute of discipline, the discipline of discipline, the discipline of discipline, the order, the procedure to review disciplinary action, other regulations relating to disciplinary action, civil rights, and officials. It ' s on the law of cadres, civil officials, officials.

Chapter X

EXECUTION CLAUSE

What? 99. Processing cases that are performing the procedure of land recovery before July 1, 2014.

The Provincial People's Committee was responsible for sweeping the cases that were carrying out the procedure before 1 July 2014 to handle the following regulations:

1. The case already has an investment approval text, which introduces the location or notification of land recall sent to each person with a recall or text that allows the owner to make a deal with the land user of the project range from before 1 July 2013. 2014 but no decision to recover the soil is as follows:

a) The Provincial People ' s Committee allows the continued implementation of the project and applying the form of land recovery or the owner of the transfer, the lease of the land, which receives capital by the use of the land under the provisions of the Law of Land, if appropriate. The five-level district has been approved by the state authority.

b) The Provincial People ' s Provincial Committee has the text to direct the organization, the individual involved must stop implementing the project if it is not appropriate for the annual land use plan that has been approved by the state authority;

c) The case of the production project, the state-owned business of the country, but allows the owner to make a deal with the use of the land within the scope of the project until 1 July 2014. The provincial level decided to revoking the land area that the owner of the investment and the land use did not reach an agreement to implement the investment project.

2. The case was decided to forcibly make the decision to recover the land before July 1, 2014, without the organization of the forced implementation, the forced recovery of land execution by the Law of Land Act.

What? 100. Handling the land cases delivered by the State, leased before July 1, 2014 without using the land or the progress of slow land use.

The Provincial People ' s Committee is responsible for sweeping the cases that have been given by the State of the State, to land leasing to implement the investment project before July 1, 2014 without bringing land into use or slowing land into the prescribed use at Point 1 Point 1. Article 64 of the Land Law and the following regulations:

1. The case was written by the authorities on this violation prior to July 1, 2014 but there was no decision to revoking the land, then the Committee of the People granted the jurisdiction under regulation at Point 1 Article 1 Article 64 of the Land Law; period. The term extension is dated July 1, 2014.

2. The case was decided to recover the land before July 1, 2014, which carried out the land recall by the decision to recover the land issued and dispose of the land use, land rent, property invested on the land revoked by the provisions of the Land Law of the Year. 2003 and manual.

What? 101. The authority to regulate the decision to land, lease the land to the land delivered, has leased before the Land Law Day taking effect.

The state agency has the authority to land, lease the land specified in Article 59 of the Land Law of the Law of Land as the authority to decide the regulation to the case of the use of the land for the decision of the land, which leased the land before 1 July 2014.

What? 102. Performance Performance

1. This decree has been in effect since 1 July 2014.

2. This decree replaces the following Decree:

a) Protocol number 181 /2004/ND-CP October 29, 2004 of the Government on the Law of the Land of the Land;

b) The arithmetic decree 17 /2006/NĐ-CP January 27, 2006 of the Government amended, complements some of the provisions of the Law of Land Law and the Digital Protocol. 187 /2004/ND-CP about the transfer of the state company to a holding company;

c) Digital decree 84 /2007/NĐ-CP May 25, 2007, of the Government of the Government of the Complementary Regulation of the Rights of the Land, restore land, exercise the right to use the land, the order, the reparation procedure, support, resettlement when the State recuperes the land and resolve claims of land;

d) The digital decree 69 /2009/NĐ-CP August 13, 2009 The Government provides additional planning on land use, land prices, soil recovery, compensation, support and resettlement;

No, no, no. 88 /2009/NĐ-CP October 19, 2009 the Government of the Government on the Certificate of Use of Land, Property Rights, and other property is associated with the land.

3. The ministries, peer agencies, government agencies, the Provincial People's Committee are responsible for sweeping the laws of law that are enacted against the provisions of the Law of Land, of this decree for modification, complemation, or cancellation.

What? 103. The responsibility of the ministries, the peer agency, the government agency and the People ' s Committee of the ranks, the land user

1. Ministry of Natural Resources and Environment, Ministry of Justice, Ministry of Construction, Ministry of Finance, Ministry of Transport, Ministry of Internal Affairs and ministries, and in other departments, the Provincial People ' s Committee is responsible for guiding the implementation of the Articles, Clause in this Decree.

2. The ministers, the chief of the peer-agency, the Head of the Government of the Government, the Chairman of the People ' s Committee, and the organization, the other individual is responsible for the implementation of this decree ./.