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Circular 01/2005/tt-Btnmt: Guide The Implementation Of A Number Of Articles Of Decree No. 177/2004/nd-Cp On 29/10/2004 By The Government On The Implementation Of The Law Of The Land

Original Language Title: Thông tư 01/2005/TT-BTNMT: Hướng dẫn thực hiện một số điều của Nghị định số 181/2004/NĐ-CP ngày 29/10/2004 của Chính phủ về thi hành Luật Đất đai

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CIRCULAR Guide made a number of articles of Decree No. 177/2004/ND-CP on 29/10/2004 by the Government on the implementation of the law on land this circular guides made a number of articles of Decree No. 177/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land (hereinafter the Decree 181) that in the process of implementing the , the province, central cities and the land use proposals are more specific instructions.
 
I. ADDITIONAL INSTRUCTIONS ABOUT LAND ALLOCATION, LAND RENTAL, DETERMINING the LAND USE PURPOSE, DEFINE the TIME LIMIT for the RECOVERY of LAND, LAND USE, LAND-USE RIGHTS RECOGNITION 1. About application for land allocation, land rental purposes to use soils had received before 16 November 2004 1.1. For land application, land rental land use purpose is submitted before 16 November 2004 (Decree 181 day have effect) then continue execution ground, land rental, allowing the transfer of land use under the provisions of the law on land before 1 July 2004 (on Land Law in effect enforced) if in the field combination of the following: a) has been authorized State agencies as prescribed by law for approved investment projects before November 16, 2004 for the project to have the investment capital from the State budget or the projects invested by foreign countries;
b) has submitted a full application for land allocation, land rental in functional profile as specified by the provincial people's Committee, the central cities before November 16, 2004 for the project do not have investment capital from the State budget or not project invested by foreign countries;
c) Has filed a full application for land allocation, land rent of households, individuals; application for transfer of the land use purpose of organizations, households, individuals in receipt of functions under the provisions of the provincial people's Committee, the central cities before November 16, 2004.
1.2. Who was the land, are leasing land, are allowed to transfer the land use purpose in cases specified in point 1.1 this item must make financial obligations with the State under the current rules.
1.3. Resolving the land records land rental purposes, use of land for the cases specified in point 1.1 of this section must end before the 30 June 2005.
2. Regarding land use when implementing the provisions of paragraph 3 to article 48 of the Decree 181 households, individuals are using land that the State had decided to manage the process of implementation of the State's land policy stipulated in point a and point d of paragraph 1 of article 4 of the Decree 181 but in fact the State does not yet have management decisions or have yet to make the management of households, individuals that are continuing to use, to be granted land use right certificates and not paid land use.
3. About land use period 3.1. The time limit for use of land for auction winners land use is determined based on the following bases: a) the purpose of use has been identified for land taken out of the auction;
b) the time limit for each land use land use purposes specified in article 66 and article 67 of the law of the land.
3.2. Economic organizations, households, individuals are using the land to do production business, when was the certification of land use, the land use period is determined as follows: a) has no valid papers case about land use in papers stating the duration of land use under the provisions of the law of the land, then the term of use the soil is determined by the document;
b) case papers on land use that in the papers does not record the duration of use of land or land use duration record but not consistent with the provisions of the law of the land, the land use period is determined according to the provisions of article 67 of the law of the land and of the decree 78 181; land use period is calculated from October 15, 1993 land use for the case before July 15, 1993, is calculated from the date of the decision, the land rental for land use-case from 15 October 1993 onwards;
c) case no papers on land use land use period shall be determined according to the provisions of article 67 of the law of the land and of the decree 78 181; land use period is calculated from October 15, 1993 land use for the case before July 15, 1993, is calculated from the date the certification of land use rights for land use-case from 15 October 1993 onwards;
3.3. The time limit for use of the land was determined according to the provisions in points 3.1 and 3.2 of this entry point is recorded on the land use right certificates issued to users of the land.
4. identify the purpose of use and the other for use with land plots 4.1. The determination of the purpose of use and the other for use with land plots provided for in item 2 article 6 of Decree 181 are specified as follows:

a) primary uses is determined by the provisions of article 14 of the law of the land; In addition to the main purpose, the use of land can be used for other purposes but does not affect the use of the land on the main purposes;
b) for land in the non-agricultural groups, the purpose of use and the purpose of use of land plots to the same kind of land is State land does not collect money using the same type of soil or land of origin is State land land use, charge the State for land rent;
c) for the project to build the business of infrastructure construction investment projects, business houses, the project produced non-agricultural business in the project there are many projects have different land use purposes must indicate the area according to the purpose and use of the area under the other uses approved in writing projects or writing land use needs assessment project.
4.2. The term of land use land plots have the purpose of use and the other is to use the term use of land with the purpose of use.
The case of the project to build high-rise housing business, which has a number of stories is used as the apartment to stay, some floors are used as the basis for commercial, service, rental, the main purpose is the purpose of use in the ground and the time limit for use of land plots is long-term stability.
II. GUIDELINES for the DISPOSAL of LAND to IMPLEMENT INVESTMENT PROJECTS 1. On the implementation of the project according to the method used to create the Land Fund which builds infrastructures 1.1. For the project was implemented and has made the delivery of the land for the land paid to investors, which regulates land use are investors with stable long term prescribed in point c paragraph 1 article 5 of Decree No. 24/2000/ND-CP dated 11 February 2000 from the Government about the implementation of the revised Law supplementing a number of articles of the law of the land shall now be continued use with stable long term.
1.2. For projects already in the directory of the project used to create the Land Fund which build local infrastructure to be the Prime Minister for approval before 1 July 2004 shall be treated as follows: a) the case of the people's Committee in the province, central cities have held tenders or specify the bid before November 16, 2004 to Select the owner of the project construction of infrastructures according to the order prescribed in article 23 of Decree No. 24/2000/ND-CP shall be continued in sequence; The people's Committee of the central cities, decisions to construction of infrastructure and land allocation to pay to investors dropped the capital construction of infrastructures according to the jurisdiction provisions in the law of the land;
b) where people's Committee, central cities have held tenders or specify the bid in the period from November 16, 2004 to the date this circular has the effect that does not follow the correct method of land-use rights auction, bidding for projects that use the land for the Land Fund to be used to generate capital for investment and construction infrastructure provisions of article 62 of the Decree 181 it must delete results and implementation in accordance with the provisions of article 62 of Decree 181;
c) where people's Committee, central cities have yet to hold a tender for bids to select or specify the owner of the project, the implementation of land-use rights auction, bidding for projects that use the land for the Land Fund was used to create the investment capital for infrastructure construction according to the provisions of article 62 of Decree 181.
2. On the case of investors receiving the transfer, lease of land use, land-use rights by the capital contribution to the project 2.1. The case of land use projects with the purpose of use of land plots of land that the use of land for the project with suitable planning, land use planning has approved the resolution process be made as follows: a) for cases of investors leased the land use or receive capital contribution by the land use rights of the people are using the land then make the registration procedure or allow the transfer of the land use purpose for people who are using the land before performing the procedures investors rent the land use or receive capital contribution by the land use rights;
b) for investors in case the assignee the right to use the land from people who use the land for the implementation of the procedure of transfer of land use right before making the registration procedure or allow the transfer of the land use purpose for investors;
c) for investors in land use rental or capital contribution received by agricultural land use rights of the individual, the household before leasing of land use rights, which by land use, household or individual must perform the procedure to transfer the land use purpose and perform financial obligations as stipulated by law. Land use period after the transfer the land use purpose consistent with the duration of the project;

d) for investors in land use rental or capital contribution by non-agricultural land use has a time limit of organizations, households, individuals, then after expiry of lease land use, expiry received capital contribution by the land use authority, investors are continuing to rent the land by the State within the rest of the project.
2.2. in the case of land area make economic development projects not in the case of the State land (Investor deals directly with people who are using the land to get the transfer, lease of land use, capital contribution received by the land use right to the land of the project as defined in paragraph 6 to article 36 of Decree 181) are a part of the land not involved in property market, the people's Committee of the central cities, where land has made land to rent or delivered to investors as defined below: a) the use of land for the project must be consistent with zoning, land use plan has been approved; case should transfer the land use purpose, they must be allowed by the competent State bodies or registered according to the provisions in clause 1 and clause 2 Article 36 of the law of the land;
b) people's Committee of the central cities, made the recovery of the land under the provisions of article 39 and article 40 of the law of the land, land or rental decisions delivered ground through auctions of land use rights for investors for the land not be joining real estate market; the price of land or land rental prices of land by the provincial people's Committee, the central cities where land regulations;
c) the time limit for delivery of leased land consistent with the time limit specified in land use projects;
d) land use Money land lease must fully pay into the State budget.
2.3. in the case of the project land area includes much of the land has different origins by the assignee, due to land use rental of land use are due to receive capital contribution, by State, by the State lease the land use right certificate is granted for land plots is the entire land area of the project , which in point 8 section II (native land) on the land use right certificates must specify land area for each land use backgrounds, case in point 8 section II not enough scoring each source using ground up additional sites according to the model No. 1 attached to this circular and stamped (stamp of the Agency of natural resources and environment the school) with page 4 of land use right certificates.
3. On the recovery of the land to perform cleanup, development of urban and rural residential areas 3.1. State land for land use to edit pages, developing urban and rural residential areas according to the provisions in clause 1 Article 36 of Decree 181 including the land to use for the project to build technical infrastructure, social infrastructure, administrative areas, residential , area of production and services, public works, defense, security, religious establishments, cemetery, cemetery in the urban, rural residential, zone planning on doing urban planning areas, making the rural residential area.
3.2. The recovery of the land to use for projects specified in point 3.1 of this item is made according to planning zones after the planning, land use plans were announced or made according to the project demand consistent with land use planning, land use plan has been approved , are defined in the detailed planning of urban construction or planning of rural settlement was negotiated.
3.3. State land allocation, land rental to make the projects specified in point 3.1 of this item by the method prescribed in article 61 and article 62 of Decree 181.
4. On the transfer of land use rights are assigned to the project in the areas of health, culture, education and training, Fitness-Sports 4.1. The Organization, the individual was given free land use the land to carry out projects in the fields of health, culture, education and training, fitness-sports are investing time in building construction if there is no possibility of continuing the implementation of investment projects, the State revoked the land; the assets were invested on the ground are processed according to the provisions of article 35 of the Decree 181.
4.2. where the project has completed basic construction stage, if investors do not have the ability to continue the project, then sold the assets associated with the land; property buyers are continuing to implement the project to use the land for your purposes have been approved.
5. About mortgages or guarantees by the land use rights for land rental in an industrial, high-tech zone, the economic zone

5.1. State economic organizations for land rental to construction of infrastructure business in the industrial park and similar areas in the economy, high-tech zones as specified in point d of Decree 41 Article 5, paragraph 181 (referred to as industrial parks) that pay annual land rental has the right to lease back the land has been invested to build complete infrastructures under the provisions of Article 111 paragraph 1 d of the law of the land; If the leased land was paid for all the time you land lease lease back land mortgages or guarantees by the land use right and property rent back their property attached to that land at the credit institutions are allowed to operate in Vietnam.
5.2. in case of handling land use rights and rental assets attached to land collateral or guarantees to debt collection, the recipients of the land use right and property affixed to land are continuing to use that land in the remaining period under the lease back land.
III. Additional REGULATIONS On LAND USE RIGHT CERTIFICATES 1. About fix and recover the land use right certificate for 1.1. The revised the content recorded on the land use right certificate prescribed in clause 1 Article 42 of Decree 181 shall be as follows: a) the resource and Environment Agency revised the content recorded on the land use right certificates in accordance with the law of the land for land use right certificates by the people's committees at the same level;
b) where the land use right certificate has been issued before 1 July 2004, the revised text is defined as the following: b1) Department of environmental resources and revised the content recorded on the land use right certificates have been issued to institutions, religious establishments, the Vietnam overseas residents to use the land for investment projects foreign organizations, foreign individuals;
B2) Resource Room and the environment changed the content recorded on the land use right certificates have been granted to households, individuals, Vietnam people settled abroad bought land in association with housing, residential community.
c) cases must fix the diagram plots of land which makes the diagram plots of land are not clear then added the Sitemaps land plots as specified in item 2 of this Section.
d) where content revised due to many technical flaws make the content of the land use right certificate unknown after revised shall be granted a certificate of change of land use such as for cases specified in point e of Decree 41 Article 5, paragraph 181.
DD) revised The content recorded on the land use right certificates are made when there are single or erroneous detection of text about the content recorded on paper, valuation opinions written by the Office of the register of land use right or land thereon where a check of check by the Agency of natural resources and the environment have changed established authority.
1.2. The recovery of the land use right certificate as defined in clause 2 Article 42 of Decree 181 shall be as follows: a) resource and environmental agencies to revoke the certificates of land use under the provisions of the law of the land for land use right certificates by the people's committees at the same level;
b) for land use right certificates have been issued before 1 July 2004, the authority to revoke the certificates of land use rights in the case of natural land plots both scoured, recovered ground or when the modified level certificate, the new certificate level for cases that have changed the boundaries of land plots , is defined as the following: b1) Department of environmental resources and the recovery of the land use right certificates have been issued to institutions, religious establishments, the Vietnam settled in a foreign land use to implement investment projects, foreign organizations, foreign individuals;
B2) resource Rooms and recovery environment land use right certificates have been granted to households, individuals, Vietnam people settled abroad bought land in association with housing, residential community.
c) When revoking certificates of land use, and environmental resources Department or Department of natural resources and the environment are not administrative decisions on the revocation of the land use right certificate which made simultaneously with the modified procedures, the new grant land use right certificate , recovered ground.
1.3. The recovery of the land use right certificate as defined in paragraph 3 Article 42 of Decree 181 due to resource and environmental agencies follow the authority specified in point 1.2 of this section immediately after the verdict, the decision of the Tribunal, the decision of the Agency to enforce the judgment has effect.
2. About the additional land plots diagram page attached to the land use right certificate

The case changed the land use right certificates, modify fluctuations in land use, supplement or modify fluctuations in assets attached to land that makes diagramming land plots in section V on the land use right certificate is not clear, then draw back scheme of land plots attached to assets attached to land (if available) on the additional pages of the diagram plots of land According to the model No. 2 attached to this circular. This additional page must be numbered and stamped (stamp of the Agency of natural resources and the environment) with page 3 of land use right certificates.
3. About the names on the land use right certificate enrollment user ground up land use right certificates prescribed in article 43 of Decree 181 for land in common use are as follows: 3.1. Case of households are assigned State agricultural land does not collect used land in land use charge that members of the household were recorded on the decisions in section I (User Name) on the land use right certificates to record "Households" and write them his wife's name, and they name her husband; the case of the proposed land use only recorded them, the name of his wife or the husband's name, they must have a written agreement of the wife and the husband had the endorsement of the people's Committee of the communes, wards and towns.
3.2. in case of wife and husband together received the transfer of land use right (same named in the contract or writing land use) then in section I on the land use right certificates must keep both they, and their wife's name, the name of the husband; the case of the proposed land use only recorded them, the name of his wife or the husband's name, they must have a written agreement of the wife and the husband had the endorsement of the people's Committee of the communes, wards and towns.
3.3. in case of households receiving transfer of land use rights land use rights which is the common property of all households including the members and was recorded in full in the papers on land use right transfer receiver then in section I on the land use right certificates have to burn them , the name they write or householder, husband and wife and their name, the name of that one of the two is their record or householder, representative of the household; they, who recorded on the land use right certificate must have the text agreed upon by the members of the household have the endorsement of the people's committees of communes, wards and towns.
3.4. in case of land use rights has many common uses for land plots which have to burn them, the names of all the people who use that land but in section I on the land use right certificate is not enough room to write in the section I just recorded them, the name of the person to be granted land use right certificate the next record, "along with those who use the land named in the list attached to this certificate"; list of people who used the land plots to be printed or written on an extra page in the form of 3 attached to this circular. Extra page after the set is stamped (the seal of the Agency of natural resources and the environment) with page 4 of land use right certificates.
3.5. in case of many of the goods inherited inherited the land use right according to law shall record the name of the person in land use on the land use right certificate according to the following rules: a in) When fully identified all people enjoy the right of inheritance according to law shall record the name of the person in land use on the land use right certificate as stipulated in point 3.4 items This;
b) When unidentified people enjoyed full inheritance rights under the law, only one (1) land use right certificates for the representative, in section I on the land use right certificates record "People's representatives" and then next they record, the name of the representative; make a list of other people in order to inherit the right to use land plots under the General provisions of this section 3.4 points. In section IV (note) Note: "not yet made the rights of use of land".
4. Regarding the certification of land use rights for land plots of agricultural land adjacent to each other in the right use of the same land use 4.1 people. The case has many adjacent agricultural land plots in the right use of the same ground that the users who use the land required shall be granted one (1) land use right certificates for all plots of land without proper procedures to make that into a land plots (1) plots.
4.2. The diagram plots of land in section V on the land use right certificates must show all adjacent land plots.
4.3. Category II (Land Plots are entitled to use) on the land use right certificates are recorded according to the following rules: a) not write content in point 1 (the number of land Plots) and point 2 (map Sheet number);
b) in point 3 (land plots address) address of the area including the adjacent land plots;
c) in point 4 (area) recorded the total area used by all adjacent land plots;
d) in point 5 (land use form) the total area used for all adjacent land plots;
DD) in point 6 (land use) "agricultural land";
e) do not write content in point 7 (land use period) and point 7 (native land).

4.4. Setting the statistics table plots of land use on the extra page under model number 04 attached to this circular. Extra page after the set is stamped (the seal of the Agency of natural resources and the environment) with page 4 of land use right certificates.
5. Regarding the recognition of assets attached to land on the land use right certificates 5.1. The recognition of the assets attached to land when the certification of land use were as follows: a) Not measured drawing, write the content on item III (assets attached to land) on the land use right certificates and on item III (changes in land use process and notes) on the main book page for the following cases : a1) of agricultural land in annual crops;
A2) land that has not yet formed property on the land at the time the certification of land use;
A3) Who was granted land use right certificates have no need of recognition of assets associated with the land;
b) in cases not regulated in detail a this property attached to the land are measured and displayed on the map; write content in section III on the land use right certificates and section III on the address book main page such as the following: b1) for housing (neither condominium) construction or other House shall record the "House (or workshop, warehouse, ...), ... floors (floors), construction area .... m2 (land area records) , type ... (record types bearing frame materials, wall materials, types of flooring material for many stories, type of roof materials) ";
B2) for the condominium shall record (on the land use right certificate issued to the owner or the owner of the condominium and the corresponding content on the main book page) "condominium .... the floor (floors), construction area .... m2 (land area records), total .... apartments (apartment) , type home. ... (record types bearing frame materials, wall materials, types of flooring materials for buiding; roof materials type; type of case the House had available only burn home as a generic kind of concrete home docking without specific about type of walls, floors, roof type) ";
B3) for your apartment condominium owned by households, individuals shall record (on the land use right certificate issued to the owner of the apartments, condominiums and corresponding content on the main book page) "apartment, .... (write the number of the apartment), floor number. ... (record the location of the floor have flat), area .... m2 (recorded using area of the apartment) ";
B4) for technical infrastructure works, other architectural record "works. ... (record types works as industrial infrastructure, transportation, irrigation, play area, other buildings), including items: ...., ..... m2 land area; ... area .... m2; ... (write the name of the specific projects and the area occupied the land of projects it) ";
B5) for forest tree or perennial shall record the "forest trees (or perennial). ... (record types of forest tree or perennial), area .... m2 (burn forest area or perennial garden) ".
c) where the owner of the property associated with the land has been confirmed in accordance with the law after the content was recorded as defined in point b of the next record "owned by ... (owner name) "in section III on the land use right certificates and section III on the main book page.
d) diagram of the assets associated with the land are drawing up land plots scheme in section V on the land use right certificates include the border home, buildings, architecture, trees, perennials, play area, waste and other construction works; the case of the boundary is the line segment shall record the length unit meter edges rounded to one decimal digit along the line segment.
DD) regulating the content of recorded assets attached to land in b this point replaced the provisions of paragraph 4 of article 3 of the regulation of land use right certificates issued together with decision No. 24/2004/QĐ-BTNMT November 2004 of the Minister of natural resources and the environment and guidance associated with land property records from line 1 to line 6 page 4 of the main book form attached to circular No. 29/2004/TT-BTNMT November 2004 of the Ministry of natural resources and the environment on the guidelines set, modify, record management.
Graph rules on assets attached to land at this point d weather replaced the provisions in point c of paragraph 6 of article 3 of the regulation of land use right certificates issued together with decision No. 24/2004/QĐ-BTNMT November 2004 of the Minister of natural resources and the environment.
5.2. The additional records of property attached to land on the land use right certificates have been issued and on the main book is done according to the following rules: a) The additional records of property attached to ground made when assets attached to land has not been recorded when granted land use right certificates or for the property associated with the land formed after the certification of land use;
b) about the property associated with the land are noted in section VI (the changes after the certification of land use) on the land use right certificates and in section III (changes in land use process and notes) on the address book main page as follows:

B1) On Columns, month, year: record the time of execution of the additional records of property attached to the soil on the land use right certificate, b2) Columns of content changes and legal basis: record information about content assets attached to land as defined in this section 5.1 point b Column b3), certified by the competent authorities: heads of resources and environment signed, stamped validation by the authority;
c) supplements site map about the assets attached to land into land plots diagram drawn in section V (land plots diagram) on the land use right certificate.
5.3. The control fluctuations in assets attached to land on the land use right certificates and on the main book is done according to the following rules: a) where there is a change in the type of property associated with the land or the change in the scale of assets attached to land was recorded on the land use right certificates to perform control fluctuations in your assets attached to land on the land use right certificates;
b) tiles by red ink information on assets attached to land was recorded in section III on the main book page;
c) corrects fluctuations in assets attached to land on the land use right certificates and on the main book is done according to the rules in detail b and c of this section 5.2 points.
Case control fluctuations in assets on the ground that makes diagramming plots of land are not clear then added the Sitemaps land plots as specified in item 2 of this Section.
6. Regarding the control of fluctuation on the certificate of ownership of housing and land use in already granted under the provisions of Decree 60/CP dated 11 July 1994 the Government's 6.1. The event of fluctuations in land use specified in point 6.2 of this item or have fluctuations in assets tied to the ground then the fluctuations that are recorded on the certificate of ownership of housing and land use in or on the additional pages of land using right certificates under the provisions of the land use right certificate attached.
6.2. in case there are fluctuations in land use which must renew land use right certificate as prescribed in paragraph 4 to article 48 of the law of the land and 41 of Decree Article 5 paragraph 181 or land user who needs the certificate change level State agency certification authority issued the certificate change made by paper form prescribed in Decision No. 24/2004/QĐ-BTNMT November 2004 of the Minister of natural resources and the environment; the information, site map for housing attached to the land in the recorded on the certificate of ownership of housing and land use rights in recorded on the new certificate, include the name record owners of houses, the number of the certificate issued, and date.
7. the Certification Of land use rights for religious establishments are using 7.1 agricultural land. Land including agricultural lands and non-agricultural land due to religious establishments are used to be granted land use right certificate after it has processed as defined in clause 2 Article 55 of Decree 181 and qualify for the provisions of paragraph 4 to article 51 of the law of the land.
7.2. The time limit for use of agricultural land due to the religious basis of use are applied as the time limit for use of farmland by household, personal use provided for in paragraph 1 to article 67 of the law of the land.
8. Regarding the certification of land use for business when converting legal 8.1. The case of households, individuals and private enterprise established to transfer the right to use his land for private business use, then private business be continued use; If a private business had the petition, the Department of natural resources and environment is responsible corrects the name variations over land use land use right certificates have been issued by individual households.
8.2. in case of dissolution of cooperatives to establish private companies, limited liability companies, joint stock companies must then perform the procedure of State land for the land by the State were assigned to collect money not cooperative land use and land allocation procedures implementation land for rental, with the new entity established under the provisions of the law of the land; for other soils, the handle according to the provisions of article 109 of Decree 181.
8.3. in case of dissolution of private enterprises to establish limited liability companies, joint stock companies, then perform the transfer of land use right pursuant to the laws of the land; The Department of natural resources and the environment make the control fluctuations in land use name on certificates of land use rights granted or renewed certificates of land use when there are changes in land plots.
IV. ADDITIONAL GUIDELINES a NUMBER sequence, the ADMINISTRATIVE PROCEDURES 1. On order, the procedure of land use needs assessment process, the procedures for land use needs assessment prescribed in article 30 paragraph 1 point b of Decree 181 shall be as follows: 1.1. The investor of the project is not using the State budget or capital is not invested projects abroad, filed at the Department of natural resources and environment, seven (7) record the evaluation including: a) the text of the project attached to the whole of the annex;
b) decided to approve the project by the owner.

1.2. The evaluation of land use needs to be made as follows: a) within a period not exceeding three (3) working days from the date of receipt of a valid application, the Department of natural resources and environment is responsible for sending the assessment records to relevant agencies for comments.
b) within a period not exceeding ten (10) working days from the date of the application, the Agency has the responsibility to submit comments in writing on the need to use the land to the Department of natural resources and the environment.
c) within a period not exceeding ten (10) working days from the date of the end of the time limit for taking the comments, the Department of natural resources and environment is responsible for general comments, reviewing specific land use needs vs. land use limit for soil type has rules about the level of land use; text shaping land use needs assessment and send investors to the project.
2. On order confirmation procedure, the law on the land executive order confirmation procedure, the Executive law of the land for the project has been allocated land, land rental stipulated in item 2 article 30 of Decree No. 181 is done as follows: 2.1. People please, land rental, established A declaration on all land, land use status has been the State of affairs, the previous rental and self review of executive law on land in the process of implementing each project according to the Model number 05 attached herewith; Send A declaration made to the Department of natural resources and the environment where the Earth is please, please hire.
2.2. Within a period of not more than three (3) working days from the date of the Declaration, the Department of natural resources and environment is responsible for sending the request to the Department of natural resources and the environment where the land was assigned, was hired to get the comments received; Requirement was established according to the model No. 6 attached to this circular.
2.3. Within a period of not more than ten (10) working days from the date of the request, the Department of natural resources and environment is responsible for confirmation request and submit A comment form number 7 attached to this circular for Department of natural resources and the environment have the required Votes.
2.4. Within a period of not more than three (3) working days from the date of A comment, the Department of natural resources and the environment where the Earth is please, please hire the responsibility of making A valued model No. 8 attached to this circular and take into consideration the land records land rentals.
3. On order, the registration procedure for rent, sublease of land use right associated with infrastructures in the industrial, high-tech zones, economic area 3.1. The lease, sublease the land use specified in point d of Decree 41 Article 5, paragraph 181 was done based on the lease of land use right associated with infrastructures between economic land use organizations and enterprises investing in the construction of infrastructure business , of industrial management, economic zones, high-tech zones; the person hired, leased the land tied to infrastructure are State-level land use right certificate.
3.2. sequence, the registration procedure for rent, sublease of land use right associated with infrastructures of industrial zones is done similar to the provisions of article 149 of Decree 181, in which industrial zone management Board, economic zones, high-tech zones are responsible for confirming the contract instead of the endorsement contract of The State The Department of natural resources and the environment where the soil is responsible for control of land use right certificates have been granted to enterprises investing in the construction of infrastructure and the business certificate of right to use land for lease, leased land in industrial areas according to the following rules: a) registration documents for rental , lease back land use right associated with infrastructures to be filed at the registered office of land use in the Department of natural resources and the environment; the records include: a1), lease of land use right associated with infrastructures of industrial management, economic zones, high-tech zones (the contract because the parties established form by the Ministry of Justice, Ministry of natural resources and environment regulations);
A2) the land use right certificate.
b) the registration is done as follows: b1) within a period not exceeding two (2) working days from the date of receipt of a valid application, the registered office of responsible land use assessment records, extract stars record and submitted to the Department of natural resources and the environment;
B2) within a period not exceeding two (2) working days from the date of registration documents enclosed excerpt copy record, Department of natural resources and environment is responsible for control of land use right certificates have been granted to enterprises investing business building of infrastructure; certificate of right to use land for lease, leased of land use right associated with infrastructures and sent the results to the Office of register of land use;

B3) within a period not exceeding three (3) working days from the date of the resolution of the results the Department of natural resources and the environment, the registered office of responsible land use rights granted land use right certificates have control and land use right certificates to new levels for the use of land; make modify the original record; submit a quote, corrects content star updated the original record to the Registry Office of land use and environmental resources Bureau, the people's Committee of the communes, wards and towns where there is ground to modify the copy record.
4. the time limit for settling land disputes in case of a dispute the parties do not have papers on land use solving the content specified in article 159 and 160 of the Decree 181 of settling land disputes with regard to the absence of papers on land use is made according to the time limit is as follows to: 4.1. The term conciliation committees in communes, wards and towns is thirty (30) days from the date of the people's Committee received by the parties to the dispute.
4.2. The term dispute resolution the first time is not more than thirty (30) days from the date received by the parties to the dispute.
4.3. Within a period of not more than fifteen (15) working days from the date of the first settlement decision, otherwise agree, the parties to the dispute may submit to the competent bodies for dispute resolution the last time, the time limit will not be receiving an application for dispute resolution.
4.4. The term dispute resolution the last time is not more than forty-five (45) working days from the date of application of the parties to the dispute.
5. About the sample contracts when implementation of the rights of people who use the land forms of the contract when the implementation of the rights of people who use the land specified in the circular of the Ministry of Justice, Ministry of natural resources and the environment. The time has not yet issued a joint circular, the contract when making the rights of land use are established according to the model specified in circular No. 1883/2001/TT-TCĐC on November 12, the main Location of the Directorate; The Department of natural resources and the environment, the people's Committee of the district, County, town, city in the province, resources and the environment, the people's committees of communes, wards and towns not verification of the conditions make the right on that contract.
This circular effect after 15 days from the date The report.
The people's committees of provinces and cities under central direction to the implementation of this circular. During the deployment process, if there are concerns about the rule of law, should be reflected in timely about the Ministry of natural resources and the environment in order to continue processing.