The Vietnam Ministry of Natural Resources and Environment has promulgated the Circular 09/2021/TTBTNMT that changes and amends several guidance to the Vietnam Land Law. This Circular was promulgated in 06/30/2021 and will be in force starting from 09/01/2021.

About the required documents

New articles in the Circular 09/2021/TT-BTNMT will not require citizens to file the copy of identification such as the copy of ID card, registration book. Instead, citizens can utilize the data gathered from the National Population Database.

The National Population Database is operated in cooperation with the field of Land according to clause 5, article 11. This is considered favorable to citizens. Previously, whenever one file the documents for land registration, land related assets or red book issuance, they should be needing the following: a copy of ID card or Military ID c?d or registration book or other identification documents; according to the new regulations, authorized agencies shall utilize the data from National Population Database, which subject the citizen's responsibility to file the above-mentioned copy.

This is one step of applying technology to daily like. This move aims at simplify the administrative procedure, reduce the required documents for registration, utilize the digital database.

Circular 09/2021/TT-BTNMT: New regulations about Red Book barcode

In accordance with new regulations in Circular 09, the barcode shall be implemented to manage and access the Red Book information and registration. The barcode shall be implemented as Barcode = MX.MN.ST. MX is the commune administrative unit code locating the land, presented accordingly as the decision from Vietnam Prime Minister about the list and code for Vietnam administrative units; in a case when granting the land certificate for a land located on many commune administrative units, the code shall be presented as the code of the commune with the largest area.

The MX also is provided even in the case when the land's local does not have commune administrative unit, according to Circular 09. Specifically:

  • In a case when the District does not have a commune administrative unit, the MX shall be replaced with the District administrative unit accordingly to the decision from Vietnam Prime Minister about the list and code for Vietnam administrative units.
  • In a case when the Red Book belongs to the authority of the Province's People Committee, it is eligible to add the code of the province, city under central before the code of district administrative unit, in case the province where the land is located does not have Commune administrative unit.

Amendments of Red Book issuance when there is land change

The new Circular 09 has provided 02 new cases in which related to Red Book Issuance when there is land change:

  • The land is divided to issue Red Book individually when the Red Book has already been issued to many parcels of land. Previously, Point a, Clause 2, Article 19 of Circular 23 only regulates the instance of "combining many parcel of land into one new parcel; divide one parcel into many new parcels suitable to the law".
  • Changes in the land's area of a parcel in which there are garden, pool that attached to the house after area redetermination according to regulations. Old Circular only regulates "changes of all information of land parcel due to cadastral mapping".

Such amendments have improved the total number of instances of Red Book issuance when there is land change to 13 instances such as combining and dividing one parcels to many others that in accordance with the law.

Circular 09/2021/TT-BTNMT: Guidance on affirming land donation on the Red Book

This new Circular has made the process of writing affirmation in case of land donation for traffic, irrigation or other public construction. Specifically:

  • In a case when the land user donates all the parcel, the affirmation in the Red Book shall be: "Donated the whole parcel to. (traffic, irrigation or other public construction) according to. (name and the date of signature for donating the parcel)".
  • In a case when the land user donates part of the parcels, the affirmation in the Red Book shall be: "Donated . m2 of the parcel no.. map no.".

Previously, Clause 16 article 18, Circular 23 only regulates the guidance on affirming land donation on the Red Book in the case of partly voluntary land donation.

Besides, the Circular 09 also provide new content entirely, which regulates guidance on the Red Book description in the case of dividing parcel of that land. Specifically, in a case when the Red Book has already issued to many parcels, one parcels was divided to be individually issued, the Red Book description shall be: "Parcel. (Parcel no., map no.) Area . m2 was individually divided to issue Red Book; according to the documents no. (number of the documents).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.