New articles on land-use regulations will take effect from September 01st, 2021

LEGAL UPDATES

New articles on land-use regulations will take effect from September 01st, 2021

On June 30th, 2021, the Minister of Natural Resources and Environment issued Circular 09/2021/TT-BTNMT amending and supplementing several articles of the circulars detailing and guiding the implementation of the Law on Land (hereinafter referred to as “Circular 09/2021”) with some remarkable contents as follows: 

a. Supplementing the case that no permission is required when changing the land use purpose but having to register the land change: 

According to current regulations, if converting commercial or service land to non-agricultural production and business land that is not commercial or service land, it is not required to obtain permission from a competent authority but must register the land change. However, Circular 09/2021 amends and supplements for the above case specifically as follows: “Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land is not a non-agricultural production base; converting non-agricultural production and business land that is not commercial land, service land, non-agricultural production establishment land to land for construction of non-business works.” 

b. Not having to submit a copy of the household registration book or ID card or citizen identification card when carrying out the procedures for registration of land, the assets attached to the land, and issuance of a Certificate of land use rights: 

The land user shall submit a dossier to carry out the procedures for registration of the land and land-attached assets and issue a Certificate, which requires the composition of a copy of the ID card or the Military ID card or the citizen identification card or the household registration book or other documents proving identity, the receiver of the competent authorities shall apply data from the National Population Database without requiring the applicant to submit these documents in which case national data on population is shared and linked to land sector data.

c. Additional 02 cases are granted Certificates of land use rights, ownership of houses and other land-attached assets (hereinafter referred to as “Certificate”) when registering the land change: 

Circular 09/2021 supplements 02 cases of being granted Certificate when registering of changes, including:         

  • The land plot is separated to issue a separate Certificate in case the Certificate has been issued jointly for many plots; 
  • Change of residential land area in a land parcel with gardens and ponds attached to houses due to re-determination of residential land areas according to regulations.

d. Regulations of the compensation funds must be shown in the compensation, support and resettlement plan: 

Besides households and individuals, Circular 09/2021 supplements “Organization” as the subject of compensation and support for the remaining land area after revoked that is not eligible for continued use. Simultaneously, it stipulates the cost of compensation and resettlement support as follows: 

  • Organizations, households, and individuals using agricultural land or non-agricultural land that is not residential land when the State revoked land, but the remaining land area of ​​the revoked land parcel is not eligible for continued use according to regulations of the People’s Committee of the province. Suppose the land user has an application for land recovery that the People’s Committee shall consider and decide on land revoke and make compensation and support according to the laws. 
  • When the State revoked land for the above case, funds for compensation and support must be reflected in the compensation, support, and resettlement plan and be included in the State’s compensation, support, and resettlement funds in the investment projects. 

Circular No. 09/2021 shall enter into force as of September 01st, 2021.

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This legal update is for general information only and is not a substitute for legal advice.