The Government has issued Decree No. 53/2017 / ND-CP regulating the types of legal papers on land for construction permits.
Accordingly, the Decree applies to organizations, households and individuals who apply for construction permits (referred collectively as investors, agencies granted construction permits and relevant agencies, organizations and individuals).
Legal papers on land for construction permits are papers falling into one of the following categories:
– The land use right certificate is granted in accordance with the Land Law 1987, the Land Law 1993, the Revised Land Law 2001 and the Land Law 2003;
– The land use right certificates, ownership of dwelling houses and other assets attached to land are issued in accordance with the Land Law 2013, the Law on Amendment of and Addition to a Number of Articles of the Laws relating to construction and investment No. 38/2009 / QH12;
– The ownership of dwelling house certificate and the land use right certificate shall be issued in accordance with Decree 60 / CP dated July 5, 1994 on the ownership of dwelling houses and the right to use residential land in the city and Decree 61 / CP dated July 5, 1994 on purchasing and buying house ;
– Certificate of ownership of dwelling house, Certificate of construction work ownership is granted in accordance with the Ordinance on Housing 1991; Housing Law 2005; Decree 81/2001 / ND-CP dated November 5 2001 on Overseas Vietnamese buying house in Vietnam; Decree 95/2005 / ND-CP dated July 15th 2005 on the grant of certificates of ownership of dwelling houses and construction works; Decree 90/2006 / ND-CP dated September 6 2006 on detailing and guiding the implementation of the Housing Law; Decree 51/2009 / ND-CP dated June 3 2009 on guiding the implementation of a number of articles of the National Assembly’s Resolution 19/2008 / QH12 dated June 3 2008 on foreign organizations and individuals buying and owning houses in Vietnam; Article 31 and 32 of Decree 43/2014 / ND-CP dated May 15 2014 on the implementation of a number of articles of the Land Law; Other certificates of house or construction work ownership have been issued in accordance with the law of land, the law on housing and the law on construction through the periods;
– Papers on land for cases in which the land is allocated or leased or changed land use purpose by the State after July 1 2004 but has no certificate of land use right, house ownership and other assets attached to land in accordance with the law of land, including: decision on land allocation or lease of competent agencies and land lease contracts (if any) ; papers on winning auctions of land use rights or bidding for projects using land ; decision on permission for conversion of land use purpose by competent state agencies;
– Report on the review and declaration of land use status in cases where the organization or religious establishment is using but not yet issued the land use right certificate, house ownership and other assets attached to land is inspected and decided by the People’s Committee of the province of place where the land is located as stipulated in Article 28 of Decree 43/2014 / ND-CP;
– Papers on the ranking of historical-cultural relics and scenic places for cases on construction permits for the construction, repair, renovation or relocation of such places but not yet granted the certificate of the right to use land, ownership of house and other assets attached to land as stipulated in Article 27 of Decree 43/2014 / ND-CP;
– The land use right certificate or written approval of the construction site of the district-level People’s Committee for the construction of advertising boards, telecommunication stations and antenna stations in areas not belonging to land categories used for construction and for conversion of land use purpose;
– A land lease contract shall be signed by the construction work owner and a manager or user of the transport work or a written approval of a competent state management agency in charge of traffic for the works which is allowed to build within the land area reserved for traffic in accordance with the law;
– A document of a competent state agency permits the conversion of land use purpose in cases where the land user has obtained legal papers on land in accordance with the clauses 1, 2, 3, 4 and 5 but he requests for construction permits on using his land for other purposes (difference from those stated in such paper);
– A document of a competent state agency has issued a certificate of land use right at the request of the construction permit-granting agency in order to determine the area of land in cases which the land user has one of the types of legal papers on land in accordance with the clauses 1, 2, 3, 4 and 5 but the area of his land is not stated to be the basis for granting construction permits.
The decree came into force on June 25, 2017. In cases where a dossier of application for a construction permit has been submitted before the effective date but has not yet been granted a construction permit, the investor shall update the lawful papers on land according to the provisions of this decree to be issued a building permit.
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