Proposal to abolish 13 circulars in the land sector

The Ministry of Natural Resources and Environment is drafting a Circular to abolish a number of circulars in the land sector under the authority of the Minister of Natural Resources and Environment.

Accordingly, through reviewing the provisions of the Land Law and documents detailing the implementation of the law, it can be seen that many contents have been stipulated in the decrees detailing the implementation of the law, such as the provisions on records, procedures, and procedures for land allocation, land lease, permission to change land use purposes, compensation, support, and resettlement when the State reclaims land; many contents in the circulars that are still in effect will no longer be feasible because the 2024 Land Law no longer stipulates this content, such as the content related to the land price framework (because the Land Law no longer stipulates the land price framework).

In order to ensure the unified and synchronous implementation of the 2024 Land Law and the decrees detailing the implementation of the Land Law; at the same time, review and abolish current legal documents that are no longer suitable or have expired, ensure the suitability of policies and laws to meet the requirements of land management and use and serve socio-economic development, the issuance of a Circular abolishing a number of circulars in the land sector under the authority of the Minister of Natural Resources and Environment is necessary and consistent with the assigned tasks in the process of implementing the Land Law.

In the draft, the Ministry of Natural Resources and Environment proposed to abolish all 13 circulars in the land sector under the authority of the Minister of Natural Resources and Environment, including:

Circular No. 09/2006/TT-BTNMT dated September 25, 2006 guiding the transfer of land lease contracts and the issuance of land use right certificates when converting state-owned enterprises into joint stock companies.

Circular No. 05/2007/TT-BTNMT dated May 30, 2007 guiding cases eligible for land use incentives and land management for educational - training, medical, cultural, physical training - sports, scientific - technological, environmental, social, population, family, child protection and care establishments.

Circular No. 09/2011/TT-BTNMT dated March 31, 2011 regulating bidding for the provision of public career services using the state budget on land measurement serving the issuance of certificates of land use rights, house ownership rights and other assets attached to land.

Joint Circular No. 39/2011/TTLT-BTNMT-BTC dated November 15, 2011 regulating the management and use of funds for measuring and determining land area to serve the handling of administrative violations in the land sector.

Circular No. 30/2014/TT-BTNMT dated June 2, 2014 regulating records of land allocation, land lease, land use purpose conversion, and land recovery.

Circular No. 37/2014/TT-BTNMT dated June 30, 2014 of the Minister of Natural Resources and Environment detailing compensation, support and resettlement when the State acquires land.

Circular No. 07/2015/TT-BTNMT dated February 26, 2015 regulating the preparation of land use plans; preparation of land use boundary records; measurement and cadastral mapping; determination of land rental prices; land allocation, land lease and issuance of certificates of land use rights, house ownership rights and other assets attached to land for agricultural and forestry companies.

Circular No. 69/2017/TT-BTNMT dated December 29, 2017 regulating the process of developing and adjusting land price frameworks.

Circular No. 70/2017/TT-BTNMT dated December 29, 2017 promulgating economic and technical norms for construction and adjusting land price framework.

Circular No. 18/2019/TT-BTNMT dated October 31, 2019 stipulating criteria and indicators for assessing the quality of public career services using the state budget on investigation and collection of construction information, adjusting price frames for land types.

Joint Circular No. 14/2015/TTLT-BTNMT-BTP dated April 4, 2015 regulating the organization of land use rights auctions to allocate land with land use fees or lease land.

Joint Circular No. 15/2015/TTLT-BTNMT-BNV-BTC dated April 4, 2015 guiding the functions, tasks, powers, organizational structure and operating mechanism of the Land Registration Office under the Department of Natural Resources and Environment.

Joint Circular No. 16/2015/TTLT-BTNMT-BNV-BTC dated April 4, 2015 guiding the functions, tasks, powers, organizational structure and operating mechanism of the Land Fund Development Center under the Department of Natural Resources and Environment.