CIRCULAR Guide made a number of articles of Decree No. 88/2007/ND-CP dated 25/05/2007 of additional government regulations regarding the certification of land use rights, land, land use rights, sequence, procedure for compensation, resettlement assistance when the State revoked the land and resolve complaints on the land pursuant to the law of the land on November 26 in 2003;
Pursuant to Decree No. 88/2007/ND-CP dated 25 May 2007, the Government's additional rules regarding certificate of right to use land, land, land use rights, sequence, procedure for compensation, resettlement assistance when the State revoked the land and resolve complaints on land;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Ministry of natural resources and environment guides make a number of articles of Decree No. 88/2007/ND-CP dated 25 May 2007, the Government's additional rules regarding certificate of right to use land, land, land use rights, sequence, procedure for compensation, resettlement assistance when the State revoked the land and resolve complaints about land (called Conference No. 88/2007/ND-CP) as follows: i. IDENTIFYING the BEGINNING of STABLE LAND USE SPECIFIED in paragraph 4 of article 3 the absence of one of the documents prescribed in paragraph 2 of article 3 of Decree 88/2007/ND-CP, the social people's Committee has the responsibility to determine when to start using land on current land use purposes such as the following : 1. When do the verification, verification of the origin and time of use of the land, the State land disputes for land plots, conformity with land use planning have been considered in the review process for the certification of land use (called a certificate) as defined in clause 2 and clause 2 Article 135 Article 136 Decree 181/2004/ND-CP on August 29 October 2004 on the implementation of the law of the land (known as Decree No. 181/2004/ND-CP), the social people's Committee to take the comments of the settlement include those have ever resided at the same time began using land on the purpose of the land plots. Comments of the settlement was made in writing according to the model No. 1 attached to this circular and should be publicized along with the list of cases eligible and not eligible for certification.
2. After the end of the public according to the rules, the Commission reviewed the township-level people's opinions about the origin and time of start of use of land according to the land use purpose at present to confirm on the application for certification submitted to the Office of registration of land use along with the vote taken the opinions of the settlement and regulatory documents in articles 135 and 136 of Decree 181/2004/ND-CP II. The CERTIFICATE PRESCRIBED in CLAUSE 2 ARTICLE 8 1. For those where not already done the "cornered fill changes, obviously" or have made but have not yet completed that households and individuals are using the land for agriculture have asked to be shown in the application for certification, the people's Committee of the district level General level a certification for all or some of the plots of land in the right use of the same household , that individual.
2. The grant of a certificate for many land plots of agricultural production of individual households is done as follows: 2.1. Household, personal, filed at the people's Committee of the communes or the registered office of land use in the Resource Room and the environment where the land under the provisions of paragraph 1 and paragraph 3 Article 135 Article 122 of Decree 181/2004/ND-CP a (01) record as specified in paragraph 1 to article 135 or 136 Articles paragraph 1 of Decree 181/2004/ND-CP; in an application for certification must specify the proposed General-level land plots a certificate;
2.2. The order and procedure of granting a certificate of land plots for agricultural production of individual households is made according to the provisions in paragraph 2 and paragraph 3 Article 135 or 136 Article 2 of Decree 181/2004/ND-CP. 2.3. The recording on the certificate are as follows: a) Category II (Land Plots are entitled to use) on the certificate:-in point 1 (Plots of land): "Has ... (log total number of land plots of agricultural production of the same people who use the land) are obviously ";
-at point 2 (sheets), point 3 (address land plots), point 7 (land use period) and point 7 (native land): do not write the content;
-in point 4 (area): total area of use of all plots of land granted on the certificate;
-in point 5 (land use form): total area of use of all plots of land granted on the certificate on the private use;
-In point 6 (land use): "Agricultural Land".
b) Category IV (notes): record "detailed information about each of the land plots are shown in the list of agricultural production land plots attached to this certificate".
c) Established a list of plots of land for agricultural production are granted the same certificate according to the model No. 2 attached to this circular.
d) V (diagram plots of land): not expressing the diagram plots of land.
III. The MODIFY or RENEW a CERTIFICATE SPECIFIED in POINT C of PARAGRAPH 2 ARTICLE 11 1. Lateral transfer case filed certificates granted: 1.1. The registered office of land use or resource and environmental agencies for where not yet established the Office of register of land use (collectively, the registered office of land use) corrects fluctuations on the certificate and awarded the certificate to the party receiving the transfer case in contract or papers on land use right transfer has recorded the transfer use of land plots ensemble;
1.2. the registered office of land use based on contract or papers on land use right transfer to make separating the plots before the establishment of the new procedures the party receiving the certificate for the transfer and the transfer case transfer the right to use a portion of land plots.
2. where the parties to the transfer are not filed certificates granted: 2.1. The Agency of natural resources and environment of the people's Committee of competent certification decision cancelling the certificate issued to the parties to the transfer. The decision is sent to the right side, on receiving the transfer, resource and environmental agencies, the Office of register of land use rights, and people's Social Committee where the ground is cancelled certificate;
2.2. the registered office of land use established procedures to renew the certificate to the party receiving the transfer case in contract or papers on land use right transfer has recorded the transfer of the land plots;
2.3. the registered office of land use based on contract or papers on land use right transfer to make separate plots of land before the establishment of the procedure of the new level certificate for the receiving party to transfer rights to use right transfer case parts of land plots; at the same time control variable on the record of the right side. Right side must do the certification procedure for the remaining land area.
IV. The CERTIFICATE PRESCRIBED in ARTICLE 17 1. Land plots are used to be formed before the writing of the provincial people's Committee rules on the minimum area to be separated obviously have enforceable shall be certified if eligible under the provisions of the law of the land.
2. Land Plots are formed by land users themselves separated from land plots are used since the day the text of the provincial people's Committee rules on the minimum area to be separated obviously has the effect on that land plots which have an area of less than the minimum area to be separated are obviously not certified , not the procedure made the right to convert, transfer, donation, lease land use rights or mortgage guaranty, capital contribution by the land use rights.
3. in case of the use of land plots of land into plots of land separating please have an area of less than the minimum area simultaneously with the combined plots of land that would be with other land plots adjacent to the new land plots, forming an area of equal to or greater than the minimum area split plots shall be permitted to split plots simultaneously with the appropriate certification and plots for new land plots.
V. IDENTIFYING LAND USE for PUBLIC PURPOSES SPECIFIED in ARTICLE 20 1. Land used for public purposes specified in point a of paragraph 1 article 20 of Decree 88/2007/ND-CP include: 1.1. Land roads which roads that connect with the public transport system and not separated by guards unsure what form any or to limit the scope of works, investment projects;
1.2. Land use as parks, recreation areas, vocational education, training, health, culture, sport or other forms but no business purpose and was used for people in and outside urban areas, the rural residential area.
2. The land use in the fence or the other pane form of apartments, houses, villas, houses, Trade Center, resort shall not be identified as land used for public purposes as defined in art. 1 article 20 of Decree 88/2007/ND-CP. VI. REVOCATION of the CERTIFICATE GRANTED to the PROVISIONS in ARTICLE 21 1. The case after reviewing the certification according to the text of the investigating authorities, inspection bodies specified in article 21 paragraph 1 of Decree 88/2007/ND-CP that the base is the certification that is not contrary to law, the Agency has issued a certificate containing the text answer the Agency had concluded.
2. survey results regarding the certification by the inspection bodies comply with the provisions in paragraph 2 and paragraph 3 article 21 of Decree 88/2007/ND-CP was sent to the people's committees and the Agency of natural resources and the environment at the same level, organization or citizen had discovered and who has been issued a certificate. The case of the opinion disagreeing results verify the people's Committee is responsible for directing made it clear before the decision to revoke the certificates or have text answers, citizen organizations already have discovered in the case not decided to revoke issued certificates.

3. in case of detection of the signed certificate is unlawful but not yet given for the use of land or land users not getting the State agency certification authority is responsible for the decision to cancel the signed certificate; the decision is sent to the Agency of natural resources and the environment, Office of land use rights registered the same level at the same time have a clear written notice of reasons to cancel the certificate to the person who had the application for certification.
VII. The SALE of houses on LAND LEASED FROM the STATE PRESCRIBED in ARTICLE 27 1. Institutional investors in the domestic economy, Vietnam people settled abroad had rented the land by the State in the form of paid land rent annually to the project for construction of housing for rent, but need to sell houses on land rent that they must form State land charge land use; land prices in the payable is determined in accordance with paragraph 1 article 5, Decree No. 17/2006/ND-CP on amendments and supplements to some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on the transfer of State-owned companies into joint stock companies (known as Decree No. 17/2006/ND-CP); land use period is determined as specified in paragraph 2 to article 32 of Decree 88/2007/ND-CP DATED. 2. The investor is Vietnam people settled abroad, foreign organizations, foreign individuals have rented the land by the State in the form of paying once for the whole period of the project to build houses for rent before the Decree No. 84/2007/ND-CP effective enforcement of but need to sell houses on land rent, must pay the difference between the amount of land used in determining the price of land as stipulated in paragraph 1 article 5, Decree No. 17/2006/ND-CP and land lease that investors had paid in advance for the whole period; land use period is determined as specified in paragraph 2 to article 32 of Decree 88/2007/ND-CP. 3. Institutional investors abroad, foreign individuals have rented the land by the State in the form of paid land rent annually to the project for construction of housing for rent, but need to sell houses on land rent that they must switch to land rent paid form once according to the provisions of article 32 of Decree 88/2007/ND-CP. VIII. The REGISTRATION of the MORTGAGE SPECIFIED in POINT B of PARAGRAPH 2 ARTICLE 31 1. The people's Committee at district level prescribed list of communes in remote district capital (collectively known as the Township) was Director of the Office of the register of land use districts (or head of resource and environment for the unnamed register Office land use) written authorization for cadastral communes make the mortgage registration , mortgage registration for a third loan (guarantee), Subscribe to content changes, additional registration mortgage mortgage, mortgage registration deleted by land use, property tied to the ground (known collectively as registered mortgage) of households, individuals with regard to the case of the land has been issued a certificate.
The commune near the capital that the mortgage registration of households, individuals at the Office sign land use districts benefit does not perform the authorized officer for mortgage cadastral communes.
Households, individuals in the town that local officials are authorized to register the mortgage choice mortgage registered in the mortgage register or at the registered office of land use districts.
2. Order registration of mortgage in the case of local officials in the main town are authorized as follows: 2.1. The registration of mortgage applicants mortgage registration in the commune people's Committee where there is ground in accordance with circular No. 05/2004/TTLT-BTP-on 16 June 2005 BTNMT by the Ministry of Justice and the Ministry of natural resources and the environment guide the mortgage register, the guarantee by the land use right and circular No. 03/2004/TTLT-BTP-BTNMT 13 June 2006 this page changed added some provisions of circular No. 05/2004/TTLT-BTP-BTNMT after mortgage contract with land use, property attached to the land, mortgage contract with land use, property associated with land for a third loan, the contract change mortgage content additional contracts, mortgage content among households, personal use of land and the party receiving the mortgage was signed and have notarized or attested in accordance with circular No. 04/2006/TTLT-BTP-on 13 June 2006 BTNMT by the Ministry of Justice and the Ministry of natural resources and the environment guide the notary certificate, contract, the text of the rights to use land, or after the borrower which had completed the repayment obligations of the receiving party mortgage on mortgage contract or confirmed in writing on the completed the repayment obligation.
Forms required to register the mortgage by land use, property associated with the land change request form, the contents of registered mortgage request form, delete the registration of the mortgage by the land use rights, property attached to the land, forms require error correction is performed according to the Model number 03 , 4, 5 and 6 attached to this circular.
2.2. When receiving records, main officer responsible Township: a) check the full extent and validity of mortgage registration records and only receive the full record, valid in the scope of authorized to solve;
b) written on the petition for registration of the mortgage application time (hour, minute, day, month, year), sign and write your name on the mortgage registration confirmation, seal of the people's committees of communes;
c) On receiving the mortgage registration documents according to model No. 7 attached herewith;
d) Currency mortgage registration fee as specified in circular No. 03/2007/TTLT/BTC-BTP on 10/1/2007 of the Ministry of finance and the Ministry of Justice guidelines currency lodging, management and use of the registration fee and the charge to provide information about the secured transactions; written receipt of mortgage registration fees;
DD) where the settlement of mortgage registration procedure conducted on the next working day, they must have a receipt records and date completed pursuant to the submission.
2.3. main local officials received no Township records at the same time explained clearly the reasons for the applicants in the following cases: a) Not the right audience is registered in the people's committees of communes;
b) mortgage registration documents or the registration profile deleted mortgage registration is incomplete, invalid;
c) discovered the fake papers in the mortgage registration documents;
d) discovered the information in the profile to register the mortgage does not match the information in the record;
DD) Persons required to register the mortgage does not file the prescribed registration fee.
2.4. for documents has been receiving the right of receipt or the slowest is the next working day, local officials in the main town made the following: a) corrects on additional Page of the certificate according to the content outlined in point b of paragraph 9 of article 3 of the regulation attached to decision No 8/2006/QD-BTNMT , in which the content column to change the legal basis and the record is as follows:-the case of the mortgage by the land use right (or assets associated with the land): the record "the mortgage by the land use right (or properties attached to the ground) with the Bank (or Mr., Ms., other economic organizations). ... (write the name of mortgage recipients) under contract number.................. ";
-The case of the mortgage by the land use right (or assets associated with the land) to another person for a loan (guarantee): the record "the mortgage by the land use right (or assets associated with the land) for him (or her, households, organizations). ... (write the name of a loan) to the Bank (or Mr., Ms., other economic organizations). ... (write the name of mortgage recipients) under contract number.................. ";
-The case of registration of registered content changes or additional content registered mortgages: record "on collateral registration content................ (record types of collateral) may change the content registered mortgage (or mortgages content addition). ... (write new content changes or new additions) ";
-Case delete registered mortgage, a mortgage for another loan (guarantee) by land use (or assets associated with the land): the record "the mortgage registration deleted (or mortgages for people borrowing money) as confirmed by the Party on mortgage............" and brick by red ink on the recorded line on mortgage , mortgage loan to another person by the land use right (or assets attached to land);
b) Burn subscription content to the main address book are mortgage managers in town;
c) to write to the directory of registered mortgage case under model number 08 attached herewith;
d) sign, stating the name and seal of the commune people's Committee in the columns of the competent bodies.
DD) returned to the person requesting registration of the mortgage: a mortgage registration petition (certified by local officials in the main town), the receipt has to collect registration fees, certification has validated the contents of registration of mortgage.
3. Periodically on the months and days between April, officers responsible Township cadastral registry office for transfer of land use rights granted the district the following papers: 3.1. Directory of registered mortgage case stated in item 2 of this Section 2.4 point c;
3.2. the petition for registration of the mortgage and the mortgage contract;
3.3. registration fee receipts and proceeds of mortgage registration fees.
4. the registered office of land use at district level are responsible to perform the following tasks: 4.1. Corrects record mortgage contract by officers of the main local town and moved to inform the registration office of the provincial land use rights to modify record according to the regulations.
4.2. receiving and managing money mortgage registration fees under the regulations;
5. environmental and Resource Room or Office to register the land use district level local officials guide the social registry of primary mortgages according to the content of this circular.
IX. The LAND LEASE, auctions of LAND USE REGULATION in ARTICLE 32

1. Vietnam People settled abroad, foreign organizations, foreign individuals (in this as foreign investors) have paid land rent for the whole period of the project to build the housing business as defined in point a of paragraph 2 Article 35 of the law of the land from before the date of the Decree No. 84/2007/ND-CP effective enforcement of that switch to form leasing land according to the provisions of article 32 of Decree 88/2007/ND-CP must then submit the difference between money used land in land price is determined in accordance with paragraph 1 article 5, Decree No. 17/2006/ND-CP and land lease that investors had paid in advance for the whole period.
2. foreign investors have paid land rent for the whole period of the project to build the housing business as defined in point a of paragraph 2 Article 35 of the law of the land from before the date of the Decree No. 84/2007/ND-CP has the effect that no form of land lease under the provisions of article 32 of Decree 88/2007/ND-CP, when to sell houses associated with the land use right in, investors must submit to state the difference between money used land in land price is determined in accordance with paragraph 1 article 5, Decree No. 17/2006/ND-CP and land lease that investors had paid in advance for the whole period.
For home or Villa in succession, then submit the difference at the time of sale; for the condominium, the submitted amount of disparity in the end condominium project.
3. The procedures for foreign investors switched to form leasing land to pay once for the whole period of the project to be carried out according to the provisions of article 32 of Decree 88/2007/ND-CP DATED as follows: 3.1. Foreign investor filed a (01) record in the register Office of the provincial land use where the land; the profile includes: writing the project proposal in the form of paid use of land specified in article 32 of Decree 88/2007/ND-CP and land use right certificates;
The registered office of the provincial land use rights are responsible for checking records and receiving for a full, valid records; complete instructions for the profile the profile is incomplete or invalid;
3.2. Within a period of not more than two (2) working days from the date of receipt of a valid application, the registered office of the provincial land use rights are responsible for preparing maps excerpts, copy the record to send to the Department of Finance made the provincial people's Committee determined the price of the land in as provided in clause 1 article 5 of Decree 17/ 2006/ND-CP; send the entire record to the Department of natural resources and the environment;
3.3. Within a period of not more than two (2) working days from the date of the notice of the tax authorities about whether investors have done financial obligations, the Department of natural resources and the environment make the control fluctuations in land use on the additional Pages of the certificate already granted directing the Office of register of land use control fluctuations in land use on the record and return the certificate has control to investors. Content control fluctuations in land use on the additional Pages of the certificate as follows: a) the column date in volatility: burn time of control fluctuations in land use;
b) Columns of content changes and legal basis: record "investors. .. (write the name of the economic organization of investors perform the project) has moved from land rental forms to pay once for the whole period to form leasing land by land use in payment levels under the suggested text of.................. ";
4. The order of auction procedures, land use regulations in clause 1 Article 32 of Decree 88/2007/ND-CP applies as for domestic investors as defined in decision No. 216/2005/QD-TTg dated 31 August 2005 by the Prime Minister on the regulation of land use rights auction to land with the land use or collect money for rent the land.
5. The order of land rent procedure prescribed in clause 2 Article 32 of Decree 88/2007/ND-CP applies as for domestic investors is the State of affairs of the land charge to use land under the provisions of article 125 or 126 of Decree 181/2004/ND-CP. 6. The certificate for foreign investors hit by auctions of land use right or land rent to the State prescribed in article 32 of Decree 88/2007/ND-CP is performed according to the procedures specified in article 139 Decree 181/2004/ND-CP, in that: 6.1. Category: record shelf "70 years since the day. .../. ../. .. (recorded on may decide to recognize the results of the auction of land use right or land rent decision to collect money by collecting land use levels in effect) and was further extended several times after the deadline if the land use needs ";
6.2. Category of use: origin records "State land lease revenues land lease by the level of land use in charge".
X. the RECOVERY of LAND SPECIFIED in ARTICLE 34 1. Economic development projects important to the provisions in clause 1 Article 34 of Decree 88/2007/ND-CP include: 1.1. Important economic projects by the National Congress to decide the investment policy is expressed in Parliament's resolutions;
1.2. important economic project led by the Prime Minister to approve investment undertakings prescribed in article 37 of Decree 108/2006/ND-CP of September 22, 2006-9, detailing and guiding the implementation of some articles of the law on investment.
2. residential projects, commercial centers, hotels, high level prescribed in clause 2 Article 34 of Decree 88/2007/ND-CP include: 2.1. Economic development projects within the existing urban area, including the building housing projects for sale or lease under the provisions of the law and law on real estate business, project to build social housing, housing construction project to serve resettlement housing construction projects, public service, the project to build a commercial center, Expo Center; the project to build luxury hotels from the standard class 3 stars and above.
Economic development projects mentioned in this point should be made in land use planning or detailed planning of urban construction has been the competent State agencies approved and was Chairman of the provincial people's Committee approval of investment undertakings with regard to each project.
2.2. economic development projects in the area of expanding the existing urban area or the new urban area includes the whole of the economic project (irrespective of the type, scale) is shown in the planning of land use or urban construction planning or detailed planning urban construction has been the competent State agencies for approval.
The delivery of the land, for the land rental to implement economic development projects mentioned in this point only be conducted after the State had recovered a part or the whole of the land area of the extended planning or urban planning construction of new urban areas.
2.3. economic development projects in rural residential areas, rural residential expansion or rural residential new construction includes projects in land-use planning or planning of the construction of rural residential point has been the competent State agencies for approval.
The delivery of the land, for the land rental to implement economic development projects in the area of expanding existing rural residential area or in the rural residential new construction stated at this point only be conducted after the State had recovered a part or the whole of the land planning of rural residential expansion of the existing or planned residential construction new rural.
3. The order and procedure of withdrawal land compensation and resettlement assistance, made under the provisions of Decree No. 197/2004/ND-CP dated 3 December 2004 on compensation, resettlement and assistance when the State revoked the land, Decree No. 17/2006/ND-CP and Decree No. 88/2007/ND-CP.
XI. The IMPLEMENTATION of the LAND USE RIGHTS TRANSACTIONS PRESCRIBED in ARTICLE 66 1. Provincial people's Committee, central cities are responsible for: 1.1. Directing, urging the relevant departments and the people's Committee of the district, County, town, city in the province, local guide organizations, households, individuals are using land that has not been certified to applying for certification;
1.2. Further speeding up certification, simple right to grant review procedures certificate with regard to the case of the use of land in one of the papers on the right to use the land specified in the paragraph 1, 2 and 5 to article 50 of the law of the land; apply the provisions of Decree No. 88/2007/ND-CP to consider certification for the case where people are using land without papers on land use specified in the paragraph 1, 2 and 5 to article 50 of the law of the land.
2. Cases before 1 November 2007, the land was used to applying for certification in accordance with the provisions of the law that has been issued a certificate and who use land with one of the papers on the right to use the land specified in the paragraph 1, 2 and 5 to article 50 of the law of the land, when wishing to perform the conversion rights , transfer, rent, lease, donate for land use rights, mortgages, capital contribution by the land use right, the registration office is responsible for land use based on the application for certification was filed in order to make the registration of transactions on land use.
The case has qualified the certification, the registered office of land use make the certification procedure simultaneously with registration of transactions on land use.
3. The application for certificates from January 2007 onwards that has not been certified within the time limit prescribed by law, hinders the implementation of the right to use the land, the people who have submitted a valid, full profile has the right to complain to the head or the head of agency officials , causing the delay. Heads or head of agency officials and public officials of being responsible for complaint handling review, as stipulated in articles 175, 176 and 177 of Decree 181/2004/ND-CP. XII. IMPLEMENTATION 1. This circular effect after 15 days from the date The report.

2. the people's committees of provinces and cities under central direction to the implementation of this circular. During the deployment process, if there are problems then the timely reflection about the Ministry of natural resources and the environment to resolve./.