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Decree No.60cp On The Right Of Property On Premises And Land Use Right

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Decree No.60cp On The Right Of Property On Premises And Land Use Right Powered By Docstoc
					    Legal document: 60/CP

    * */Date:/* 07/05/94
    * */Number:/*60/CP
    * */Name of Document:/* Decree No.60/cp On The Right Of Property On
      Premises And Land Use Right


THE GOVERNMENT        THE SOCIALIST REPUBLIC OF VIETNAM
        No. 60/CP                    Independence-Freedom-Happiness
            ------
---------------------

                                                                      Hanoi,5th
July, 1994.

                       DECREE OF THE GOVERNMENT
    ON RESIDENTIAL HOUSE TITLE AND RESIDENTIAL LAND USE
                               RIGHT IN URBAN AREAS

                      THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30,
1992.

Pursuant to the Land Law of July 14, 1993.

Pursuant to the Ordinance on Residential Houses of March 26, 1991.

At the proposals of the Minister of Construction, the Minister of
Finance and the Director-General of the General Cadastral department.

                            DECREES

Chapter I

GENERAL PROVISIONS

Article 1

The State recognizes and protects the lawful title to residential
houses and lawful right to the use of residential land.

Residential houses and residential land regulated by this Decree
consist of:

1/ Residential houses each occupied by a single family household or
shared by a number of family households.

2/ Land in the inner areas of cities, provincial capitals and
provincial towns is used for building residential houses and other
projects in service of residential needs and forming part of
residential premises (if any), in accordance with plans approved by
the competent State Agencies.

Article 2
Residential houses are divided into three forms of ownership:

1. Residential houses under State ownership.

2. Residential houses owned by political, social and economic
organizations.

3. Residential houses under private ownership.

Article 3:

All residential houses and land must be registered. The lawful owners
are issued the certificate of residential house title and residential
land use right.

The certificates of residential house title and residential land use
right issued thereunder shall replace other legal documents evidencing
ownership of residential houses and right to residential land use
issued prior to the promulgation of this Decree.

Article 4:

The State does not admit the claiming back of residential houses
currently under State management as a result of implementation in the
past of the socialist transformation policy vis-à-vis land and
property.

The State does not admit the claiming back of residential land which
in the past was allotted to other users by the State as a result of
implementation of policies of the State of the Democratic Republic of
Vietnam, the Provisional Revolutionary Government of the Republic of
South Vietnam, and the State of the Socialist Republic of Vietnam.

Chapter II

FORMS OF RESIDENTIAL HOUSE OWNERSHIP

Article 5:

Residential houses under State ownership consist of:

1/ Residential houses built with funds allocated from the State budget
(both central and local budgets) or originating from the State budget.

2/ Residential houses originating from other forms of ownership but
converted to State ownership due to the rule of law.

3/ Residential houses referred to in Clause 1 of this Article are
partly funded from contributions by individuals and/ or collectives
under hire-purchase arrangements or contracts but their costs have not
yet been paid off.

Article 6:

Residential houses owned by political, social and economic
organizations consist of:
1/ Residential houses created with funds mobilized by those
organizations themselves.

2/ Residential houses lawfully presented as gifts from other
organizations or individuals

Article 7:

Residential houses under private ownership is created by building,
buying, inheritance, or owned by other legal forms.

Chapter III

REGISTRATION AND ISSUE OF CERTIFICATES OF RESIDENTIAL   HOUSE TITLE AND
RESIDENTIAL LAND USE RIGHT

Article 8:

Residential houses and residential land must be registered with the
People's Committee of the urban ward and provincial town.

The form for registration of residential houses and residential land
is set out in Annex 1 attached to this Decree.

Article 9:

The persons obliged to register residential houses and residential
land are owners of such residential houses. In other cases, the
existing users of such properties are obliged to have them registered.

Article 10:

Consideration for issue of certificates of residential house title and
residential land use right in the inner areas of cities, provincial
capital and towns is stipulated as follows:

1/ In case house owners are in possession of proper documents issued
by the competent authorities of the State of the Democratic Republic
of Vietnam, the Provisional Revolutionary Government of the Republic
of South Vietnam or the State of the Socialist Republic of Vietnam,
they shall be issued certificates of residential house title and
residential land use right.

2/ In case house owners are in possession of proper documents issued
by the competent authorities of the old regimes, and if their houses
and land thereunder are not disputed, neither were they allotted to
other users as a result of implementation of policies of the State of
the Democratic Republic of Vietnam, the Provisional Revolutionary
Government of the Republic of South Vietnam or the State of the
Socialist Republic of Vietnam, then such owners shall be considered
for grant of certificates of residential house title and residential
land use right.

3/ In case house owners have no or insufficient proper documents prior
to the promulgation of this Decree.
a. House owners have no proper documents at all:

a1/ In case residential houses and residential land are in conformity
with planning and not disputed, the house owners are considered for
issue of certificates of residential house title and residential land
use right. Such house owners shall have to pay land use fees upon
issue of such certificates.

a2/ In the case of residential houses built on land sites not planned
for residential purpose, their owners shall not be granted
certificates of residential house title and residential land use
right. They shall have to implement warrants for vacant possession of
such premises and recovery of land of the State.

b. If house owners are in possession of proper documentary evidences
of their land use right while they have built their houses without
proper licenses, but on the other hand their residential houses and
land are currently in conformity with planning and not disputed, then
they are considered for grant of certificates of residential house
title and residential land use right.

c.If house owners in possession of building licenses build their
houses on plots of land conforming to residential land planning but
without proper documentary evidences of land use right, then, in the
absence of dispute, they shall be considered for grant of certificates
of residential house title and residential land use right in
connection with such houses. Such house owners shall have to pay
residential land use fee.

d. In all cases of dispute, the issue of certificates of residential
house title and residential land use right is considered only after
the matters in dispute have been settled in accordance with law.

Article 11:

A set of documents in application for issue of a certificate of
residential house title and residential land use right is stipulated
as follows:

1/ A form of application for issue of certificate of residential house
title and residential land use right. This form is provided in Annex 2
attached to this Decree.

2/ Proper papers related to the house and land in question, consisting
of:

a. A land allotment decision and a house-building license or other
papers certifying the applicant's title to the house and land use
right issued by the competent State authorities in regard to such
cases as referred to in Clause 1, Article 10, of this Decree.

b. The title-deed to the house and land or other proper documents in
regard to such cases as referred to in Clause 2, Article 10, of this
Decree.

c. With respect to such cases as referred to in Point al of Clause 3,
Article 10, of this Decree, the applicant shall have to seek written
comments from the People's Committee of the local urban ward or
provincial town certifying that he/she is the creator of the house and
a relevant certificate of the competent planning management
authorities.

d. Regarding such cases as referred to in Point b of Clause 3, Article
10, of this Decree, the applicant shall have to produce a land
allotment decision and a relevant certificate of the competent
planning management authorities.

e. As regards such cases mentioned in Point c of Clause 3, Article 10,
of this Decree, the applicant shall have to attach there to a building
license of the competent agency.

In case the applicant is not the owner of the papers mentioned in this
Clause, his/her application must be attached with such other proper
documents related to the house as: purchase-deed, deed of gift or
other documentary evidences of his/her possession of the house by
inheritance or due to a house-sharing process. The applicant shall be
issued such certificate after fulfilling his/her house owner's
obligation and paying the conveyance fee as stipulated by law.

Article 12:

The certificates of residential house title and residential land use
right in the inner areas of cities, provincial capital and towns are
issued by the People's Committees of the provinces and centrally-ruled
cities (hereinafter referred to as the provincial level).

Article 13:

The housing and land administration and the Cadastral authorities
shall assist the provincial-level People's Committee in organizing the
implementation of registration, consideration and issue of
certificates, original documentation and management of residential
house ownership and residential land utilization.

Article 14:

Not later than 60 days, as from the date of receipt of sufficient
proper documents, the provincial-level People's Committee shall issue
certificate of residential house title and residential land use right
to the applicant. In the case of non-issue of such documents, the
reason(s) must be notified to the applicant.

Article 15:

The certificate of residential house title and residential land use
right is done in two copies. One copy is issued to the owner and the
other kept on file at the issuing authority.

Article 16:

The issue of certificates of residential house title and residential
land use right is stipulated as under:

1/   In regard to private residential houses, such documents are issued
to the house owners.

2/ Regarding residential houses owned by political, social and
economic organizations, such documents are issued to those
organizations.

3/ As regards residential houses under State ownership, they are
issued to the offices and/or organizations in charge of such houses.

4/ With respect to common houses each shared by a number of owners,
each owner is issued a certificate to the part of floor space under
his/her separate ownership.

The registration and utilization of individually-owned parts of a
common house as well as the technical infrastructure and common
residential land therein must comply with the stipulations for
administration of common residential houses promulgated by the
Ministry of Construction and the General Cadastral Department.

5/ In the case of any multi-owner residential house, in the absence of
a house-sharing deed signed by all the co-owners, the title-deed there
of shall bear the names of all the co-owners with each of them holding
one copy.

A form of certificate of residential house title and residential land
use right is set out in Annex 3 attached to this Decree.

Article 17:

The house owner shall be delivered the certificate of residential
house title and residential land use right after having paid a fee
charged on the issue of certificates in accordance with an
inter-ministerial stipulation of the Ministry of Finance, the Ministry
of Construction and the General Cadastral Department. With regards to
such cases referred to in Points a1 and c, Article 10, of this Decree,
the certificates are issued only after the land use fee has been paid
up to the level stipulated by the Ministry of Finance.

In case permission is issued for a residential house to be modified in
terms of scale and structure, the house owner after having completed
such modifications shall have to make additional registration with the
authorities which issues the certificate.

In the case of splitting a plot of residential land or merging two
plots of residential land, permission must be obtained for such
activities and the competent authorities concerned must be approached
for the issue of certificates to the new owners in split case or
cancellation of the certificate of the old owner in merger case.

Chapter IV

RESIDENTIAL HOUSE TILE AND RESIDENTIAL LAND LEASEHOLD OF INDIVIDUAL
FOREIGNERS SETTLING IN VIETNAM

Article 18:

Any individual foreigner settling in Vietnam is permitted to own a
residential house for himself/herself and his/her family members in a
plot of land on lease from the Vietnamese State during his/her
settlement in Vietnam, unless otherwise stipulated by the
international treaties which Vietnam has signed, acceded to or agreed
upon with the governments of other countries and international
organizations.

Article 19:

Individual foreigners settling in Vietnam are issued certificates of
residential house title if they:

- Buy residential houses of Vietnamese State-owned enterprises
specializing in property business.

- Build residential houses on their own under license of the competent
State authorities.

- Inherit residential houses in accordance with Vietnamese law.

Their purchase, building and inheritance of residential houses, and
leasehold of residential land must conform to the provisions of
Vietnamese law.

Article 20:

A set of documents in application for residential house title-deed and
certificate of residential land use right consists of:

1/ A form of application for certificate of residential house title
and leasehold residential land use right (this form is provided in
Annex 4 attached to this Decree).

2/ Document(s) of the Vietnamese State permitting settlement in
Vietnam.

3/ Building license, notarized house conveyance or lawful document
evidencing inheritance.

4/ Land lease.

5/ True copy of the Cadastral survey showing the plot of land of the
premises on a 1/200 scale.

Such documents are prepared in the Vietnamese language and submitted
to the provincial-level People's Committee.

The certificate of residential house title and leasehold residential
land use right is issued by the provincial-level People's Committee. A
form of such certificates issued to individual foreigners settling in
Vietnam is set out in Annex attached to this Decree.

Article 21:

A house owner who is an individual foreigner settling in Vietnam is
entitled to using, selling, giving as a gift and passing by
inheritance his/her residential house in accordance with Vietnamese
law, and is obliged to register his/her residential house title with
the provincial-level People's Committee pay all taxes and fees in
accordance with law.

Article 22:

In case a foreigner terminates his/her settlement in Vietnam without
exercising his/her rights set out in Article 21 of this Decree, after
90 days as from the date of his/her departure from Vietnam, the
certificate of his/her residential house title shall automatically
become invalid and the Vietnamese State shall exercise the right of
management and utilization as stipulated by Vietnamese law.

Chapter V

SETTLEMENT OF DISPUTES, VIOLATIONS AND PENALTIES

Article 23:

Disputes over residential house title and residential land use right
are subject to settlement by the People's Court.

Article 24:

Illegal residential house occupants and those who encroach upon
other's residential house title and residential land use right or
commit other acts of offense against law with respect to residential
houses and land shall, subject to the seriousness of their offenses,
be given administrative penalties or prosecuted for criminal
liability.

Those who misuse their positions and/or powers to obtain selfish
interests or who due to other individual motives juggle the figures
related to house and land registration or issue certificates of
residential house title and residential land use right contrary to law
shall, subject to the seriousness of their offenses, be subjected to
disciplinary actions or prosecuted for criminal liability.

In case material loss is caused, compensation is compulsory.

Chapter VI

PROVISIONS OF IMPLEMENTATION

Article 25:

This Decree takes effect as from the date of its signing.

Article 26:

The Minister of Construction, the Minister of Finance and the
Director-General of the General Cadastral Department, subject to the
terms of reference of their respective branches, are responsible to
guide and inspect the implementation of this Decree.

The Chairmen of the People's Committees of the provinces and
centrally-ruled cities direct the People's Committees of urban
precincts, districts and provincial towns and the housing and land
management authorities in organizing the implementation of this
Decree.

Article 27:

The ministers, the head of the ministerial -level offices, the heads
of the Government's departments, the Chairmen of the People's
Committees of the provinces and centrally-ruled cities, and the owners
of residential houses are responsible for implementing this Decree.

ANNEX 1:

                           THE SOCIALIST REPUBLIC OF VIETNAM
                            Independence-Freedom-Happiness


      APPLICATION FOR RESIDENTIAL HOUSE TITLE AND LEASEHOLD
       RESIDENTIAL LAND USE RIGHT OF INDIVIDUAL FOREIGNER

TO: The People's Committee of

My name is:                     ,Year of birth:
Nationality:
Holder of a Permit issued by the Vietnamese for State my settlement in
Vietnam
No:                             , Date of issue:
I hereby apply for the issue of a CERTIFICATE OF RESIDENTIAL HOUSE
TITLE AND LEASEHOLD RESIDENTIAL LAND USE RIGHT as under:
Residential House: - Area of utility space:
 m2
    - Address:

Attached herewith are the following documents:
- Land Lease No:                         , Dated:
- Building License No:          , Dated:
- House Conveyance-Deed No:     , Dated:
- Title-deed whereby Holder's Name shall be transferred:
- Certificate of Inheritance:
- Certificate of Right to Receive Gift:
- Ground-Plan of Residential Land/Residential House:

I hereby certify that the foregoing statements made by me are true and
promise to ensure every conditions for field staff of the authorities
to re inspect and re-measure the house.

 date:         month:           year:
Signature of Applicant:

ANNEX 2:

                           THE SOCIALIST REPUBLIC OF VIETNAM
                            Independence-Freedom-Happiness


Code number:
Original file No:
      CERTIFICATE OF RESIDENTIAL HOUSE TITLE AND LEASEHOLD
      RESIDENTIAL LAND USE RIGHT OF INDIVIDUAL FOREIGNER
                    SETTLING IN VIETNAM

Mr./Ms. whose name is listed in Section I
is the Residential House Owner and Leasehold Residential Land User

Section I - Residential House Owner and Leasehold Residential Land
User

Section II - Status of Residential House and Residential Land

a/ Residential House:                           b/ Residential Land:
Address:                                        Plot of land No:
Total area of utility space:            m2      Cadastral survey No:
Area of constructed space:              m2      Area:
         m2
House structure:                                Forms of utilization:
Private
Number of floor:
Common

c/ Drawing and Plan:

   Date:                month:           year:
   FOR THE PEOPLE'S COMMITTEE OF
Entry in House and Land Register No:       Province (City):
Date:            month:            year:

Mr./Ms., as owner(s) of residential house, is(are) entitled to using,
selling, giving as gift and passing by inheritance in accordance with
the relevant provisions of Vietnamese law, and is(are) obliged to
register his/her/their residential house title with the local
Provincial People's Committee (or centrally-ruled City), pay all taxes
and fees as stipulated by law.

In case Mr./Ms. as owner(s) of residential house terminate(s)
his/her/their settlement in Vietnam without exercising the foregoing
rights, after 90 days as from the date of his/her/their departure from
Vietnam, the certificate of his/her/their residential house title
shall automatically become invalid and the Vietnamese State shall
exercise the right of management and utilization as stipulated by
Vietnamese law.

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Description: This decree specifies residential land use rights in urban areas.