Decree 60 on 5-Jul -94 on Residential housing
DECREE ON OWNERSHIP OF RESIDENTIAL HOUSING AND LAND USE RIGHTS IN URBAN AREAS
No. 60-CP, Hanoi, 5 July 1994, (as amended 3 August 1996)
The Government
Pursuant to the Law on the Organization of the Government dated 30 September 1992;
Pursuant to the Law on Land dated 14 July 1993;
Pursuant to the Ordinance on Residential Housing dated 26 March 1991;
On the proposal of the Minister of Construction, Minister of Finance and Director of the General Department of Land Administration;
Decrees:
CHAPTER I
General Provisions
Article 1
The State recognises and protects the lawful rights of ownership of residential housing and rights to use land.
Residential housing and land which is subject to the provisions of this Decree includes:
1. Residential housing of individuals or communities of households;
2. Urban land in cities, towns, and villages being land used for the construction of residential housing and other supporting structures, and parks (if any) in accordance with the zoning plan approved by a competent State body.
Article 2
Residential housing falls into three categories:
1. Residential housing owned by the State.
2. Residential housing owned by political, social, and economic organizations.
3. Residential housing owned by individuals.
Article 3
All residential housing and land must be registered. The legal owner shall be issued with a certificate of ownership and land use right.
The certificate of ownership and land use right issued in accordance with this Decree shall replace all legal documents related to the ownership of residential housing or land use right previously granted to the owner or user prior to the promulgation of this Decree.
Article 4
The State rejects all claims in relation to residential housing which was previously subject to the implementation of socialist policies and is now managed by the State.
The State rejects all claims in relation to residential land which the State previously allocated to other users during the implementation of policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam.
CHAPTER II
Forms of Ownership of Residential Housing
Article 5
State owned residential housing includes:
1. Residential housing acquired by way of State funds (from central Treasury and from local treasuries) or capital from State funded sources;
2. Other residential housing previously owned by other entities or individuals which is now State owned in accordance with the provisions of the law;
3. Residential housing referred to in clause 1 of this article which is partly owned by individuals or collectives on the basis of an agreement or a contract for the purchase of housing by instalment payments.
Article 6
Residential housing owned by political, social, and economic organizations includes:
1. Residential housing acquired by way of capital mobilized by such organizations;
2. Residential housing which is a lawful gift from other organizations or individuals.
Article 7
Residential housing owned by individuals is housing lawfully acquired by individuals by way of construction, purchase, or inheritance, or owned by way of some other legal form of ownership.
CHAPTER III
Registration of Residential Housing and Land, and
Issuance of Certificates of Ownership and Land Use Right
Article 8
All residential housing and land must be registered at the people's committees of districts or towns.
The standard registration form for residential housing and land is included as appendix 1 of this Decree.
Article 9
The owner shall be responsible for the registration of the residential housing and land. In some cases, the person(s) using the house shall be the one responsible for the registration of the house.
Article 10
Certificates of ownership and land use right in respect of urban housing and land in cities, towns and villages shall be considered and issued as follows:
1. In cases where the owner of the house possesses legitimate documents issued by a competent body of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam, the owner shall be issued with a certificate of ownership and land use right;
2. In cases where the owner of the house possesses legitimate documents issued by a competent body of the old regime and the house or land is not the subject of dispute or has not been allocated to other users for the purposes of implementing the policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam, the owner shall be issued with a certificate of ownership and land use right;
3. In cases where the owner does not possess any or some of the required documents prior to the promulgation of this Decree:
(a) For owners who do not possess any legitimate documents:
(a.1) If the residential housing and land is consistent with zoning plans and is not the subject of dispute, the owner shall be considered and issued with a certificate of ownership and land use right. The owner to whom the certificate is issued must pay a fee for use of the residential land.
(a.2) If the housing is constructed on a plot of land which is not in a designated residential zone, the owner shall not be issued with a certificate of ownership and land use right. The owner concerned must carry out the order of the State of Vietnam to vacate the housing and return the land to the State.
(b) Where an owner who possesses documents relating to the right to use land constructs housing without the proper permits, the owner shall, provided that the housing and land are consistent with zoning plans and are not the subject of dispute, be issued with a certificate of ownership and land use right.
(c) Where an owner who does not possess any documents relating to the right to use land constructs lawfully permitted housing on a plot of land which is consistent with zoning plans, the owner shall be considered and issued with a certificate of ownership and land use right in respect of the construction provided that the housing and land are not the subject of dispute and the owner pays the State a fee for the use of the land.
(d) Where the housing or land is the subject of dispute, the issuance of a certificate of ownership and land use right shall only be considered after the dispute is resolved in accordance with the law.
(e) Collection of fees for use of land in the formalization process for issuance of certificates of ownership and land use right in urban areas:
· Where a plot of land has been used as permanent residential land prior to 18 December 1980 (the date of promulgation of the 1980 Constitution) but the owner does not possess legitimate documents, the owner shall, provided that the housing and land are consistent with zoning plans and are not the subject of dispute as certified by the people's committee of the ward, be issued with a certificate of ownership and land use right.
· Where a plot of land has been used as permanent residential land between 18 December 1980 and 15 October 1993 (the date on which the Law on Land became effective) but the owner does not possess legitimate documents, the owner shall, provided that the housing and land are consistent with zoning plans and are not the subject of dispute as certified by the people's committee of the ward, be issued with a certificate of ownership and land use right and shall pay twenty (20) per cent of the fee for use of the land.
· Where a plot of land has been used as permanent residential land after 15 October 1993 but the owner does not possess legitimate documents, the owner shall, provided that the housing and land are consistent with zoning plans and are not the subject of dispute as certified by the people's committee of the ward, be issued with a certificate of ownership and land use right and shall pay one hundred (100) per cent of the fee for use of the land.
· No fees for use of land shall be retroactively collected or reimbursed in cases where certificates of ownership and land use right have been issued.
Article 11
The application file for a certificate of ownership and land use right shall include the following:
1. An application for a certificate of ownership and land use right. A standard application form is included as appendix 2 of this Decree.
2. Legitimate documents relating to the residential housing and land including:
(a) The decision to allocate land and the housing construction permit or written confirmation of ownership of the house or land use right issued by a competent State body, in respect of cases referred to in clause 1 of article 10 of this Decree.
(b) Ownership papers for the housing or land, or other legitimate documents, in respect of cases referred to in clause 2 of article 10 of this Decree.
(c) In respect of cases stipulated in subclause (a.1) of clause 3 of article 10 of this Decree, written confirmation from the people's committee of the ward or town must be obtained to confirm that the applicant is the person who has erected the housing, and written confirmation from the administrative body in charge of zoning must be obtained to confirm compliance with zoning plans.
(d) In respect of cases stipulated in subclause (b) of clause 3 of article 10 of this Decree, the decision to allocate land and written confirmation from the administrative body in charge of zoning must be obtained.
(e) In respect of cases stipulated in subclause (c) of clause 3 of article 10 of this Decree, the construction permit issued by a competent body must be included in the application file.
Where the applicant is not the owner of the documents referred to in this clause, other relevant documents must be included such as papers relating to the sale or purchase of the housing, or papers relating to the inheritance, division, or giving of the housing. The applicant shall be issued with a certificate after he has performed all obligations of an owner and has paid the registration fees in accordance with the provisions of the law.
Article 12
Certificates of ownership and land use right in respect of urban areas in cities, villages, and towns shall be issued by the people's committees of provinces and cities under central authority (hereinafter referred to as provincial people's committees).
Article 13
The land and housing administrative bodies and cadastral offices shall assist the provincial people's committees in registering, appraising, and issuing certificates, in preparing original files, and in managing housing ownership and land use.
Article 14
No later than sixty (60) days from the date of receipt of the complete application file, the provincial people's committee concerned must issue the certificate of ownership and land use right to the applicant. Where the application is refused, the applicant must be notified of the reasons for the refusal.
Article 15
The certificate of ownership and land use right shall be made in duplicate. One copy shall be issued to the owner and one copy shall be retained at the issuing body.
Article 16
The certificate of ownership and land use right shall be issued as follows:
1. In respect of private housing, the certificate shall be issued to the owner of the housing;
2. In respect of residential housing owned by political, social, and economic organizations, the certificate shall be issued to the entity concerned;
3. In respect of residential housing owned by the State, the certificate shall be issued to the body or organization which is delegated with the duty of managing such housing;
4. In respect of residential housing owned by multiple owners, a certificate shall be issued to each owner of each section of the residential housing.
The registration or use of each section of the housing, technical structure, or land used by multiple households must comply with the provisions on the management of common residential housing promulgated by the Ministry of Construction and the General Department of Land Administration.
5. In cases where the owners of the residential housing fail to prepare and sign a document dividing the housing into appropriate sections, the certificate must state the names of all owners and shall be issued to each owner.
A model certificate of ownership and land use right is included as appendix 3 of this Decree.
Article 17
The owner shall receive the certificate of ownership and land use right after payment of a fee for issuance of such certificate in accordance with the provisions of the Ministry of Finance, Ministry of Construction and General Department of Land Administration. In respect of the cases stipulated in subclauses (a.1) and (c) of clause 3 of article 10 of this Decree, the certificate shall only be issued after the stipulated fee for land use has been paid in accordance with the level determined by the Ministry of Finance.
In cases where the residential housing is permitted to be renovated in terms of its size or structure, the owner of the housing must, upon the completion of the renovation, register any change with the body which issued the certificate.
In cases where the land is divided or joined, the approval of a competent body must be obtained and that body shall have the duty to issue a certificate to the new owner (where the land is divided) or cancel the certificate issued to the former owner (where the land is joined).
CHAPTER IV
Ownership of Residential Housing and Leasing of Residential
Land by Foreign Residents in Vietnam
Article 18
A foreign resident of Vietnam shall be permitted to own residential housing on residential land leased from the State of Vietnam for use by that person and his family members during the period of residence in Vietnam except in cases where the provisions of international treaties to which Vietnam is a signatory or party, or agreements with other governments or international organizations otherwise provide.
Article 19
A foreign resident of Vietnam shall be issued with a certificate of ownership of residential housing if:
· that person purchases the housing from State owned businesses which deal exclusively in housing;
· that person erects the housing himself in accordance with a permit issued by a competent State body;
· that person inherits the housing in accordance with the provisions of the laws of Vietnam.
The purchase, construction, and inheritance of residential housing, and leasing of residential land must comply with the provisions of the laws of Vietnam.
Article 20
An application file for a certificate of ownership and land use right shall include the following:
1. An application form for a certificate of ownership and land use right (prepared in accordance with appendix 4 of this Decree);
2. Legitimate documents issued by the State of Vietnam permitting residence in Vietnam;
3. The construction permit or a contract for the sale or purchase of the residential housing notarized by a State Notary Public, or a legal will;
4. The land leasing contract;
5. A map showing the plot or block of land on which the housing is located, using scale 1:200.
The application file must be prepared in Vietnamese and submitted to the provincial people's committee.
Certificates of housing ownership and land use right lease shall be issued by the provincial people's committees. A model of the certificate to be issued to foreigners who are residents of Vietnam is included as appendix 5 of this Decree.
Article 21
A foreign owner who is a resident of Vietnam shall have the right to use, sell, give as a gift, and bequeath the property in accordance with the provisions of the law of Vietnam and shall be responsible for the registration of the residential housing at the provincial people's committee as well as for the payment of the rent and fees in accordance with the provisions of the law.
Article 22
In the event that a foreign owner ceases to reside in Vietnam and fails to carry out the formalities referred to in article 21 of this Decree, the certificate of housing ownership and land use right lease shall, after ninety (90) days from the date of departure from Vietnam, become invalid and the State of Vietnam shall assume the right of management and use of the housing in accordance with the provisions of the laws of Vietnam.
CHAPTER V
Resolution of Disputes and Dealing With Breaches
Article 23
All disputes in respect of ownership of residential housing and residential land use rights shall be resolved by the people's court.
Article 24
Any person who unlawfully uses residential housing, who violates the rights of others in respect of ownership of residential housing and residential land use rights, or who breaches the provisions of the law on residential housing and land shall, depending on the seriousness of the offence, be dealt with administratively or prosecuted for a criminal offence.
Any person who takes advantage of his position or power for beneficial gains or other reasons by preparing false numbers of registered housing and land or issuing illegal certificates of ownership and land use right shall, depending on the seriousness of the offence, be disciplined or criminally prosecuted.
Where material damage is caused, the person shall be liable for payment of compensation.
CHAPTER VI
Implementing Provisions
Article 25
This Decree shall be of full force and effect as of the date of signing.
Article 26
The Minister of Construction, Minister of Finance and Director of the General Department of Land Administration shall, depending on their respective administrative functions, be responsible for providing guidance and conducting inspections of compliance with this Decree.
Chairmen of people's committees in provinces and cities under central authority shall instruct the people's committees in wards, districts, and villages, and land and housing administrative bodies to implement this Decree.
Article 27
Ministers, heads of ministerial equivalent bodies, heads of Government bodies, chairmen of people's committees of provinces and cities under central authority, and owners shall be responsible for the implementation of this Decree.
On behalf of the Government
Prime Minister
VO VAN KIET
_________
Appendix 1
Office only: Number .......
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
REGISTRATION OF RESIDENTIAL HOUSING
AND LAND
To: ..................................................
1. Full name of person (or organization) registering: .........................................
Identity number: .................................
dated: .................................................
Permanent residence document: .................... City (province): ......................
Full name of spouse: ........................................................................................
Identity number of spouse: ............................................ dated: .......................
2. In relation to the land:
Block number: ............ Map no.: ............ Total area: ............. m2
Use for: Private Common
Original source of land (assigned, inherited, allocated): .................................
3. In relation to the housing:
Address: ................................................................ Total floor space: ........ m2
Constructed area: ..... m2 Type of structure: .................... No. of levels: ........
Original source of house: .................................................................................
4. Current use:
(a) Lease (to Vietnamese or foreigners): ........................................................
(b) Mortgage: ....................................................................... ..........................
5. Copies of documents relating to the house or land:
1. .............................................................................
2. .............................................................................
3. .............................................................................
6. Please attach map of the land and plan of the housing (to be completed by the housing and land administrative body):
I hereby declare that the information given above is true and correct, and I undertake to co-operate fully with Government officials in their inspections and measurement of the housing and land.
Dated ../../....
..........................................
Signature of person making the declaration
(or the head of the organization concerned)
_________
Appendix 2
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
APPLICATION FOR CERTIFICATE OF
OWNERSHIP AND LAND USE RIGHT
To: ...............................................
I, ................... (name) ......................, Identity number .................. dated: ...................,
currently living at: ..........................................................................................................
and my spouse ............ (name) .............. Identity number .................
dated: ................
representing: ................. (name of organization) .................. hereby make
an application for a certificate of ownership and land use right for : ........
(address) ........ House number: ...........
Included with this application are the following documents:
1. ...................................................
2. ...................................................
3. ...................................................
4. ...................................................
Additional information (if any): .......................................................................... ....................................
.....................................................................................................
I hereby declare that the information given above is true and correct and I undertake to co-operate fully with Government officials in their inspections and measurement of the house and land and to pay all stipulated fees.
Confirmation of registration dated .../.../....
of house and land on ../../..
Signature of applicant
at .......................... (or signature and seal of
On behalf of the ............ the head of the organization)
People's Committee (ward or town).
............................ ............................
(Full name)
_________
Appendix 3
No.: .....
Application No.: .....
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
CERTIFICATE OF OWNERSHIP AND LAND USE RIGHT
The individual(s) or organization(s) listed in Table 1 shall be the owner(s) of the specified residential house and the user of the specified land.
Table 1. House owner(s) and land user(s)
Table 2. Details of House and Land
a. House:Address: ....................Total floor
space: ........m2Constructed area: .........m2Type of structure: ..........No. of
levels: .............. b. Land:Block No: ..................Map
No: ....................Total area: ..............m2Form of usage:
private ... common ...
c. Map and plan:
Dated .../.../...
On behalf of the ... (city) ... People's Committee
.......................
___________
Office use only:
Recorded in House and Land Registration Book No: ........
dated .../.../....
Appendix 4
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
APPLICATION FOR CERTIFICATE OF OWNERSHIP AND LAND USE RIGHT BY FOREIGNERS RESIDING IN VIETNAM
To: ............................ People's Committee
I, ........ (name) ........ born on .............. of ................. nationality, holding certificate of residence no: ....... issued on: ........... by the State of Vietnam hereby make application for a certificate of ownership and land use right in respect of the following premises:
Residential housing: Total floor space: .....................m2
Address: .................................................
Included with this application are the following documents:
! Lease contract no.: ............... dated .../.../....
! Construction permit no.: ......... dated .../.../....
! Sale/Purchase contract no.: ...... dated .../.../....
! Registration of transfer of title: ..................
! Certificate of inheritance: .........................
! Confirmation of gifts: ..............................
! Floor plan of land and house:
I hereby declare that the information given above is true and correct and shall fully co-operate with Government officials in their inspections and measurement of the house.
Dated: .../.../....
Signature of applicant
.....................
_______
Appendix 5
Code No.: ...
Application No.: ...
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
CERTIFICATE OF OWNERSHIP AND LAND USE RIGHT FOR FOREIGNERS RESIDING IN VIETNAM
The person(s) listed in Table 1 shall be the owner(s) of the house and the user(s) of the leased land.
Table 1. House owner(s) and land user(s)
Table 2. Details of house and land
a. House:Address: ....................Total floor
space: ........m2Constructed area: .........m2Type of structure: ..........No. of
levels: ..............
b. Land:Block No: ..................Map No: ....................Total
area: ..............m2Form of usage: private ... common ...
c. Plans:
Table 3. Change of owner(s)
Date Nature of amendment and name of new owner(s)
Confirmation (signature and seal)
Table 4. Changes to house and land, or mortgage
Date Nature of change Confirmation (signature and seal)
Confirmation of mortgage
Note: Person(s) issued with this certificate must not amend, delete, or deface any part of this certificate and the attached plans. Where the certificate is lost, the issuing body must be notified immediately.
Registration Book No: Dated .../.../....
Date of entry: ../../.... On behalf of ..(City).. People's Committee
