Authorized Agency

Department of Natural Resources and Environment

Resolved time and procedure

Total time ( working day) does not exceed 18 working days, as follows:

a) IPA shall receive application files and check their validity in compliance with the law, transfer them to the Department of Natural Resources and Environment for settlement within 01 working day.

b) Department of Natural Resources and Environment shall receive, appraise the transferred application files, send request for consultance enclosed with the application files to related departments and agencies (if neccessary) and transfer of Finance for determining financial obligations of the Investors. After receiving written response from such institutions, the Department of Natural Resources and Environment sign certificate of land use rights and ownership of housing and other assets attached to land and send the issued one to IPA in order to give it to the Investors, within 16 working days

The relevant departments are responsible for consultance meanwhile the Provincial Department of Taxation is obliged to determine financial obligations. Then, they inform of results to the Investors (through tIPA) to coordinate with the Investors to fulfill their financial obligations and transfer the receipt to the Department of Natural Resources and Environment, within 05 working days from the date of receipt of the written request for consultance of the Department of Natural Resources and Environment.

c) IPA shall give result to the Investors at IPA’s office (after the Investors fulfilled their financial obligations as notified by the Department of Taxation) and send a copy of the payment receipt of financial obligations back to Department of Natural Resources and Environment for filing within 01 working day.

Elements

I. Case 1: Issuance of certificates in case of no properties associated with land or no demand of certifying the properties associated with land or the properties associated with land owned by other person.

1. Request for issuance of certificates (in standard form no. 01/DK-GCN enclosed with Circular No.17/2009/TT-BTNMT dated 21 October 2009 of the Ministry of Natural Resources and Environment)

2. Report on inspection of land fund being currently managed and used (in standard form no. 07/DK enclosed with Circular No. 09/2007/TT-BTNMT dated 02 August 2007 of the Ministry of Natural Resources and Environment)

3. One of the following land use right certificates:

-        In case of winning land use right auction: Auction results recognized in writing by State authority; certificate of land delivery; and related map(s).

-        In case of land use right recognition by State authority: Decision on land use right recognition; land lease contract; and related map(s).

-        In case of land recovery, land allocation, land lease and change of land use: Decision on land allocation or Decision on approval of change of land use (applicable to the land which is agreed to site clearing); land delivery certificate (if any); land lease contract; and related map(s).

Note: In case of registering change of land use simultaneously with entering into land assignment agreement, it is required to supplement the following documents:

-        Agreement on land use right assignment.

-        Declaration statement of individual income tax, notice of individual income tax and receipt of payment to National Budget.

-        Declaration statement of land/house registration fee (applicable to instituational investors), notice of land/house registration fee and receipt of payment to National Budget.

-        List of households receiving compensation which is certified by commune/ward People’s Committee.

In this case, please pay attention to the followings :

-        If the number of map and land lot and the area of the assigned land as specified in agreement on land use right assignment are not tally with those as mentioned in map of land recovery and land-use change, the applicant shall prepare a comparison table of the number of map and land lot and the area mentioned in aforesaid two documents in standard form no. 01/HD-VPDK which must be certified by the commune/district People’s Committee.

If the notice(s) of individual income tax and/or land/house registration fee (applicable to instituational investors) has not issued, the applicant shall apply the application dossier to the district/municipal authority of natural resources and environment where the applicant shall be instructed to prepare and transfer the application dossier to the sub-department of taxation in the district/ municipality where the land is located.

4. Copy of certificate of financial obligation fulfillment (if any)

5. Documents to be lodged to the provincial Department of Taxation for determining financial obligations:

-        In case of winning land use right auction or being allocated with land for a definite period by the State, the applicant shall supplement the declaration statement of land/house registration fee in standard form no. 01/LPTB and the declaration statement of land-use fee in standard form no. 01/TSDD as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

-        In case of being allocated with land for long term by the State, the applicant shall supplement the declaration statement of land-use fee in standard form no. 01/TSDD as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

-        In case of land lease with annual rental payment as permitted by the State, the applicant shall supplement the declaration statement of land and water surface rental charges in standard form no. 01/TMDN as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

In case of assignment of the properties associated with land, the applicant shall supplement a notarized agreement on assignment of the properties associated with land as required by the law, value-added-tax invoice and declaration statement of land/house registration fee of the assignee in standard form no. 01/LPTB and the declaration statement of enterprise income tax of the assignor in standard form no. 02/TNDN as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

6. Other related documents

 

(Example: Business Registration Certificate, Investment Certificate or Preferential Investment Certificate if any)

II. Case 2: Issuance of certificate to land users concurrently being owners of houses and buildings; or to land users concurrently being owners of planted production forests

1. Request for issuance of certificates (in standard form no. 01/DK-GCN as attached with Circular No.17/2009/TT-BTNMT dated 21 October 2009 of the Ministry of Natural Resources and Environment)

2. Report on inspection of land fund being currently managed and used (in standard form no. 07/DK enclosed with Circular No. 09/2007/TT-BTNMT dated 02 August 2007 of the Ministry of Natural Resources and Environment)

3. One of the following land use right certificates:

-        In case of winning land use right auction: Auction results recognized in writing by State authority; certificate of land delivery; and related map(s).

-        In case of land use right recognition by State authority: Decision on land use right recognition; land lease contract; and related map(s).

-        In case of land recovery, land allocation, land lease and change of land use: Decision on land allocation or Decision on approval of change of land use (applicable to the land which is agreed to site clearing); land delivery certificate (if any); land lease contract; and related map(s).

Note: In case of registering change of land use simultaneously with entering into land assignment agreement, it is required to supplement the following documents:

-        Agreement on land use right assignment.

-        Declaration statement of individual income tax, notice of individual income tax and receipt of payment to National Budget.

-        Declaration statement of land/house registration fee (applicable to instituational investors), notice of land/house registration fee and receipt of payment to National Budget.

-        List of households receiving compensation which is certified by commune/ward People’s Committee.

In this case, please pay attention to the followings :

-        If the number of map and land lot and the area of the assigned land as specified in agreement on land use right assignment are not tally with those as mentioned in map of land recovery and land-use change, the applicant shall prepare a comparison table of the number of map and land lot and the area mentioned in aforesaid two documents in standard form no. 01/HD-VPDK which must be certified by the commune/district People’s Committee.

If the notice(s) of individual income tax and/or land/house registration fee (applicable to instituational investors) has not issued, the applicant shall apply the application dossier to the district/municipal authority of natural resources and environment where the applicant shall be instructed to prepare and transfer the application dossier to the sub-department of taxation in the district/ municipality where the land is located.

4. One of the following house ownership right certificates (if there is demand to certify house ownership right):

-        In case of investing in residential house for rent, the document relating to residential house development project is required (e.g. decision on project approval, decision on project investment, investment license or investment certificate)

-        In case of acquiring residential house by purchasing, donation, inheritance or other transfer form in accordance with the law, the documents evidencing such transaction shall be required in compliance with the law on housing.

5. One of the following construction ownership right certificates (if there is demand to certify construction ownership right):

-        In case of investment to build new construction in accordance with the law, the applicant shall supplement decision on project approval, decision on project investment, investment license or investment certificate issued by competent authority

-        In case of acquiring a construction by purchasing, donation, inheritance, exchange or other transfer form in accordance with the law, the documents evidencing such transaction shall be required in compliance with the law.

-       If the foregoing documents are not available, the applicant may request the provincial construction management authority to certify that such construction had been existing before it was planned until now and has been currently in accordance with the construction plan approved by the competent State authority with no dispute on construction ownership right.

6. One of the following forest ownership right certificates (if there is demand to certify forest ownership right):

-        Documents relating to planted production forest allocation

-        Planted production forest purchase or inheritance agreement which is notarized or certified as required by the law.

7. House/Building layout (unless the layout is enclosed with other documents in the application dossier) (only lodged if there is demand to certify construction ownership right)

8. Copy of certificate of financial obligation fulfillment (if any)

9. Documents to be lodged to the provincial Department of Taxation for determining financial obligations:

-        In case of winning land use right auction or being allocated with land for a definite period by the State, the applicant shall supplement the declaration statement of land/house registration fee in standard form no. 01/LPTB and the declaration statement of land-use fee in standard form no. 01/TSDD as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

-        In case of being allocated with land for long term by the State, the applicant shall supplement the declaration statement of land-use fee in standard form no. 01/TSDD as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

-        In case of land lease with annual rental payment as permitted by the State, the applicant shall supplement the declaration statement of land and water surface rental charges in standard form no. 01/TMDN as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

-        In case of assignment of the properties associated with land, the applicant shall supplement a notarized agreement on assignment of the properties associated with land as required by the law, declaration statement of land/house registration fee of the assignee in standard form no. 01/LPTB and the declaration statement of enterprise income tax of the assignor in standard form no. 02/TNDN as attached with Circular No. 28/ 2011/TT- BTC dated 28 January 2011 of the Ministry of Finance.

Other related documents (Example: Business Registration Certificate, Investment Certificate or Investment License if any)

Quantities of application: 02 sets of notarized copies (unless the decision on land use right is a copy with red seal).

Statutory fee: VND 100,000 per certificate.