05 new regulations on change of land use purpose, on certificates of land use rights, ownership of houses and other land-attached assets (hereinafter referred to as red books)... in Circular 09/2021/ TT-BTNMT amending and supplementing Circulars guiding the Land Law (effective from September 1, 2021).
1./ Amendment of regulations on cases where land use purpose change is not required but must be registered for land change
- Circular 09/2021/TT-BTNMT amending and supplementing Clause 1, Article 11 of Circular 02/2015/TT-BTNMT (amended by Clause 1, Article 12 of Circular 33/2017/TT-BTNMT) as follows:
- Cases of change of land use purpose that do not require permission from a competent state agency but must register the change, including:
· Converting annual crops to other agricultural land, including: land used to build greenhouses and other houses for cultivation purposes; land for construction of barns for raising cattle, poultry and other animals permitted by law; aquaculture for the purpose of study, research and experiment;
· Converting land for planting other annual crops, aquaculture land to perennial crops;
· Converting land for perennial crops to land for aquaculture and annual crops;
· Converting residential land to non-agricultural land which is not residential land;
· Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land which is not the land of non-agricultural production establishments ( amended content ); converting non-agricultural production and business land that is not commercial or service land or non-agricultural production establishment land to land for construction of non-business works.
- The content after the amendment can be seen as follows: "Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land other than non-agricultural production base land" is not apply for permission but must register the land change.
- Pre-amended content: " Transfer of commercial and service land to non-agricultural production and business land that is not commercial or service land" is not required to apply for permission but must register for land change.
Land for non-agricultural production and business, including land in industrial parks, industrial clusters, and export processing zones; commercial and service land; land for non-agricultural production establishments; land used for mineral activities; land for the production of building materials and pottery
- Thus, after the amendment, the case "Transfer of commercial and service land to land of non-agricultural production establishments" has been removed from the list of cases that do not require permission but must be registered for change.
This is appropriate because according to the provisions at point g, Clause 1, Article 57 of the 2013 Land Law, "transfer of commercial, service, and non-business construction land to non-agricultural production establishment land" is the case Permission must be obtained when changing purposes. Currently, the content of the guidance does not exclude this case, which is contrary to the provisions of the Land Law 2013.
2./ In the near future, apply for a red book without a copy of ID card/CCCD/household book
- Clause 5, Article 11 of Circular 09/2021/TT-BTNMT stipulates:
Article 11. Terms of Implementation
5. For the case of submitting the application for registration of land and land-attached assets, issue a Certificate that requires a copy of the People's Identity Card or the Military ID card, or Citizen's identity card or household registration book or other papers proving personal identity, the application-receiving agency uses data from the national population database without requiring the applicant to submit the following documents. This sheet is used to prove identity in case national data on population is shared and connected with data of sectors and fields (including the land sector).
- Thus, when the national data on population is shared and connected with data of sectors and fields (including the land sector), the procedures for applying for a red book are not required. copy of ID card/CCCD/household book
3./ Supplementing the Red Book Registration Form (used for consolidation and change of plots)
- When submitting the application for conversion of agricultural land use rights of households and individuals for the purpose of "consolidation and exchange of plots", they shall be submitted together to households and individuals converting agricultural land:
· Current: Use Form No. 10/DK - Application for re-issuance or replacement of certificates of land use rights, ownership of houses and other land-attached assets issued together with Circular 24/2014 /TT-BTNMT
· From September 1, 2021: Use Form No. 04đ/DK - Application for registration and issuance of certificates of land use rights, ownership of houses and other land-attached assets (separate form for use in cases of land use rights). consolidation, change of plots) issued together with Circular 09/2021/TT-BTNMT.
4./ Additional cases of being granted a new Red Book when registering changes
- According to Clauses 2 and 3, Article 1 of Circular 09/2021, additional cases of registration of changes to be issued with a red book include:
· The land plot is divided to issue a separate red book in case the red book 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 area according to regulations.
5./ Amendment of regulations on certification of changes in the issued red book
- Replace the word "donate" with the word "donate" for cases used to build roads, irrigation or public works and at the same time guide how to write in 4 cases:
· Give a part
· Give to all
· Donate a part of one or several land plots, donate a piece of land or a number of land plots on the red book which has been jointly granted to many land plots.
· Donate all the land plots on the red book, common to many land plots
· (Currently, Clause 16, Article 18 of Circular 23/2014/TT-BTNMT only guides how to write 1 as a general donation without dividing the cases).
- Supplementing the way of writing for the case in which the red book has been issued together for many land plots, and the land parcel is separated to issue a separate red book: On the issued red book, write "Land... number of map sheets) area...m2 separated for separate issuance of Certificate; according to application number... (code of application for registration procedure)".
