New provisions related to land procedures in circular no. 33/2017/tt-btnmt

On 29 September 2017, the Ministry of Natural Resources and Environment promulgated Circular No. 33/2017/TT-BTNMT ("Circular 33") detailing Decree No. 01/2017/ND-CP (“Decree 01”) dated 6 January 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the circulars guiding the implementation of the Land Law. 

Accordingly, Decree 01 and Circular 33 have (i) clarified the bases for determining the households and individuals which are directly engaged in agricultural production for the commune-level People's Committees to carry out land procedures; and (ii) provided specific guidance on the recovery of land in manufacturing and trading projects implemented in the manner of agreement on the purchase of assets attached to land, being transferred land use rights, lease of land use rights, receipt of capital contribution of land use rights.

In addition, Circular 33 also amends and supplements seven (07) circulars guiding the implementation of the Land Law relating to the following issues:

(i) Guiding the manner to record information on the Certificate of land use right, ownership of houses and other assets attached to land (the "Certificate") in the case of issuance of certificates for each item, a number of items or part of the area of the works’ item and in the case of certifying the ownership of the works on agricultural land;

(ii) Regulating the registration of land use rights and ownership of assets attached to land for debt purchase and sale organizations; the dossier to be submitted to the Prime Minister for approval of the conversion of land use purpose for planting rice, protective forest land and special-use forest land for implementation of investment projects;

(iii) Supplementing the regulations on compensation and support for the area of agricultural land, non-agricultural land which is not residential land remaining after the recovery and is not eligible for continued use; and

(iv) Amending and supplementing the regulations on the cases of conversion of the land use purpose without having to apply for a permit from the competent State authority, but subject to registration on the changes and use of land in the case of conversion of the companies’ form, conversion of private enterprises into limited liability companies.

Circular 33 officially took effect from 5 December 2017.