THE GOVERNMENT

Article 1.- Regulation scope

This Decree provides the grant of dwelling house or construction work ownership certificates, except for the following dwelling houses and construction works:

1. Makeshift houses; dwelling houses and construction works under ownership of all the people (excluding construction works under ownership of all the people but assigned as capital by the State to enterprises for management);

2. Dwelling houses, construction works to be relocated or dismantled under ground clearance decisions or notices or under land recovery decisions of competent State agencies.

3. Dwelling houses, construction works lying in the areas where construction is banned or encroaching upon landmarks for the protection of technical infrastructures, classified historical or cultural relics;

4. Dwelling houses, construction works to which the Vietnamese Government and foreign governments or international organizations otherwise commit.

Article 2.- Application subjects

This Decree applies to domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals that have dwelling houses or construction works lawfully created in Vietnam under the provisions of law.

Article 3.- Dwelling house ownership or construction work ownership certificates

1. Dwelling house ownership or construction work ownership certificates granted under the provisions of this Decree constitute a legal basis for the State to protect the ownership right of subjects and for owners to exercise their rights and perform their obligations in accordance with the provisions of law.

2. For construction works of one owner for mixed use purposes (residential and other use purposes), a construction work ownership certificate shall be granted to such owner.

3. For construction works of many owners for mixed use purposes (residential and other use purposes) which cannot be separated, one construction works ownership certificate shall be granted. The agency competent to grant such certificate must inscribe the full names of all owners therein and grant each owner one copy of the certificate.

In cases where the use purposes of the construction works defined in this Clause can be separated for each owner, the use purpose of each owner shall serve as a basis for the grant of dwelling house ownership or construction work ownership certificate to each owner.

4. The forms of dwelling house ownership or construction work ownership certificates are promulgated together with this Decree. The original of a dwelling house ownership or construction work ownership certificate shall be granted to a house or works owner while a copy thereof shall be kept at the certificate-granting body.

5. Dwelling house ownership or construction work ownership certificates shall be issued by the Ministry of Construction and used uniformly nationwide.

Article 4.- Competence to grant certificates

1. People's Committees of provinces or centrally-run cities (hereafter referred collectively to as provincial-level People's Committees) shall grant dwelling house ownership or construction work ownership certificates to organizations (including domestic and foreign organizations).

Provincial-level People's Committees may authorize provincial/municipal Construction Services to grant dwelling house ownership or construction work ownership certificates to organizations.

2. People's Committees of urban districts, rural districts, provincial towns or cities (hereinafter referred collectively to as district-level People's Committees) shall grant dwelling house ownership or construction work ownership certificates to individuals (including domestic individuals, overseas Vietnamese and foreigners).

Article 5.- Inscription of owners' names in certificates

1. In cases where dwelling house(s) or construction works are under the ownership of one organization, the name of such organization shall be inscribed in the certificate.

2. In cases where dwelling house(s) or construction works are under the ownership of one individual, the full name of such individual shall be inscribed in the certificate.

3. In cases where dwelling house(s) or construction works are under the common ownership, the full names of all owners shall be inscribed in the certificate.

4. In cases where dwelling house(s) or construction works are under the common ownership but parts of them are under private ownership, the owner of each part shall be granted a certificate and have his/her/its name inscribed therein.

5. In cases where dwelling house(s) or construction works are under the common ownership of the husband and wife, the names of both husband and wife shall be inscribed in the certificate. In cases where either spouse is an overseas Vietnamese or foreigner, who is ineligible to own dwelling houses or construction works in Vietnam, only the full name of the spouse being Vietnamese residing in Vietnam is inscribed in the certificate.

Article 6.- Legally invalid dwelling house ownership or construction work ownership certificates

Dwelling house ownership or construction work ownership certificates granted under this Decree shall no longer be legally valid in one of the following cases:

1. The dwelling houses or construction works are destroyed or dismantled.

2. The dwelling houses or construction works are to be confiscated or compulsorily purchased under decisions of competent State agencies.

3. The dwelling houses or construction works are located on land for which the land lease term has expired without extension or which cannot be converted to form of land assignment for stable and long-term use, except for cases where the ownership over such dwelling houses or construction works is transferred to other persons and the ownership transferees are entitled to continue renting land.

4. The dwelling houses or construction works have been granted ownership certificates, which must be recovered under decisions of competent State agencies because they were granted ultra vires, granted to wrong subjects or for wrong dwelling houses or construction works.

Section 1. CONDITIONS FOR THE GRANT OF DWELLING HOUSE OWNERSHIP OR CONSTRUCTION WORK OWNERSHIP CERTIFICATES

Article 7.- Conditions applicable to individuals

Vietnamese individuals, overseas Vietnamese and foreigners requesting the grant of dwelling house or construction work ownership certificates must meet the following conditions:

1. Being Vietnamese citizens living in Vietnam. For overseas Vietnamese, they must be those entitled to own dwelling houses under the provisions of Article 121 of the 2003 Land Law or entitled to create construction works in Vietnam under the provisions of law. For foreigners, they must be those entitled to create dwelling houses or construction works in Vietnam under the provisions of law.

2. Having dwelling houses or construction works lawfully created in Vietnam through construction investment, trading, donation, inheritance, exchange or other manners provided for by law.

Article 8.- Conditions applicable to organizations

Domestic or foreign organizations requesting the grant of dwelling house or construction work ownership certificates must meet the following conditions:

1. Having full legal person status, having been established and operating in accordance with the provisions of Vietnamese law.

2. Having dwelling houses or construction works lawfully created in Vietnam through construction investment, trading, donation, inheritance, exchange or other manners provided for by law.

Section 2. DOSSIERS OF REQUEST FOR THE GRANT OF DWELLING HOUSE OR CONSTRUCTION WORK OWNERSHIP CERTIFICATES

Article 9.- Dossiers applicable to domestic individuals

Dossiers of request for the grant of dwelling house or construction work ownership certificates to Vietnamese individuals shall each comprise:

1. A written request for the grant of dwelling house or construction work ownership certificate (made according to the form promulgated by the Ministry of Construction).

2. The copy of one of the following papers:

a/ The construction permit, for dwelling houses requiring construction permits under the provisions of the Construction Law;

b/ The land use right certificate, issued by the competent State agency according to the provisions of the Land Law or certification that the requester's name is inscribed in the land register or cadastral book, for dwelling houses and construction works built before the effective date of the Construction Law (July 1, 2004);

c/ The contract for sale and purchase of a State-owned dwelling house under the provisions of the Government's Decree No. 61/CP of July 5, 1994, on sale, purchase and trading of dwelling houses or paper on liquidation, pricing of State-owned dwelling houses before July 5, 1994;

d/ The paper on allocation of the house of gratitude, compassion or great unity;

e/ The paper on house and land, granted by a competent agency in a given period, provided that such house and land have not been managed or arranged for use by the State under the provisions of the XIth National Assembly's Resolution No. 23/2003/QH11 of November 26, 2003 "on houses and land which the State had managed or arranged for use in the implementation of house and land management policy and the socialist transformation policy before July 1, 1991" and the house owner has used such house continually since then;

f/ The sale, purchase, donation, exchange or inheritance paper, for cases where the certificate requester possesses one of the papers defined at Points a, b, c, d and e of this Clause but is not named in such a paper.

g/ The written certification of commune/ward/township People's Committee (hereafter referred collectively to as commune-level People's Committee) that the dwelling house or construction work is dispute free in terms of ownership and has been built before the adoption of the construction planning, in cases where the certificate requester has none of the papers defined at Points a, b, c, d, e and f of this Clause.

3. The diagrammatic drawing of the dwelling house or construction work according to the following provisions:

a/ For a dwelling house, such drawing must reflect the house's position on the land and the shape of the house. For a multistoried dwelling house, a diagrammatic drawings of all stories with construction floor space of each story are required. For condominium apartments, only the drawing of the subject apartment and its story is required with the inscription of the position and area of such apartment.

For dwelling houses under dwelling house projects or new urban center projects, certificate requesters shall use drawings supplied by investors. If dwelling houses are not under such projects, the certificate-granting agencies shall take charge of surveying, except for dwelling houses in rural areas where house owners shall do this job themselves with certification of commune People's Committees;

b/ For a construction work, a diagrammatic drawing must show its position on the land plot, its shape, grade and area as well as capacity of each work item. In cases where exist multistoried construction items, the drawings of all stories, with the floor space of each story are required. Diagrammatic drawings of construction works must be made by organizations having legal person status for construction activities.

In cases where the papers defined in Clause 2 of this Article are already accompanied by diagrammatic drawings of dwelling houses or constructions works which, in fact, have no changes, new surveying is not required.

Article 10.- Dossiers applicable to overseas Vietnamese and foreigners

Dossiers of request for the grant of dwelling house ownership or construction work ownership certificates to overseas Vietnamese or foreigners shall each comprise the following:

1. A written request for the grant of a dwelling house ownership or construction work ownership certificate (made according to the form set by the Construction Ministry).

2. Copies of the following papers:

a/ Papers evidencing that the requester is entitled to own dwelling houses under the provisions of Article 121 of the 2003 Land Law or entitled to lawfully create dwelling houses or construction works in Vietnam in accordance with the provisions of law;

b/ For overseas Vietnamese, a valid Vietnamese or foreign passport is required. In case of using a valid foreign passport, it must be accompanied with a written certification of the requester's Vietnamese nationality, relinquishment of Vietnamese nationality or citizenship registration. For a foreigner, he/she must have a valid foreign passport and visa for stay in Vietnam, issued by the competent authority;

c/ The contract for sale, purchase, donation, exchange or inheritance of dwelling house or construction works or other papers on lawful creation of such dwelling house or construction work, enclosed with papers proving the house or works ownership and receipts of fulfillment of financial obligations according to the provisions of law.

3. A diagrammatic drawing of the dwelling house or construction work as provided for in Clause 3, Article 9 of this Decree.

Article 11.- Dossiers applicable to organizations

Dossiers of request for the grant of dwelling house ownership or construction work ownership certificates to domestic or foreign organizations shall each comprise:

1. A written request for the grant of a dwelling house ownership or construction work ownership certificate (made according to the form provided by the Construction Ministry).

2. Copies of the following papers:

a/ The business registration certificate or decision on the establishment of the organization or investment license for a foreign-invested enterprise, granted by the competent authority;

b/ The decision approving or confirming investment in a project as provided for by law or construction permit; in cases where the construction permit is exempt under the provisions of law, the land use right certificate is required; in case of sale, purchase, donation, exchange or inheritance of the dwelling house or construction work, there must be a relevant contract and the house or work ownership certificate;

c/ The receipt of fulfillment of financial obligations as provided for by law.

3. A diagrammatic drawing of the dwelling house or construction work as provided in Clause 3, Article 9 of this Decree.

Section 3. ORDER OF, PROCEDURES FOR, THE GRANT OF DWELLING HOUSE OWNERSHIP OR CONSTRUCTION WORK OWNERSHIP CERTIFICATES

Article 12.- Order of, procedures for, the grant of certificates to individuals

1. Vietnamese individuals, overseas Vietnamese and foreigners shall send their written requests (made according to a set form) for dwelling house ownership or construction work ownership certificates to commune-level People's Committees of localities where exist the dwelling houses or construction works, for rural areas; or to district-level People's Committees of localities where exist dwelling houses or construction works, for urban centers.

When receiving such written requests, the receiving agencies shall have to notify the requesters of specific time for surveying of dwelling houses or verification of the results of surveying of construction works and guide the latter to complete their dossiers of request for certificates; the surveying teams must, together with concerned households, cross-check copies in the dossiers with the original papers on dwelling houses or construction works; issue written certifications on the completion of dossiers and make appointments for handing the certificates. The surveying teams must not ask the requesters to submit any papers other than those defined in Articles 9 and 10 of this Decree.

2. In rural areas, when receiving dossiers of request for certificates, commune-level People's Committees must cross-check copies in dossiers with the original papers on dwelling houses or construction works and give certifications on the diagrammatic drawings of such houses or works, which have been made by house owners themselves. Within five working days after receiving the complete and valid dossiers, commune-level People's Committees must transfer dossiers to the district-level People's Committees.

3. Within 30 working days after receiving complete and valid dossiers, district-level People's Committees must examine the dossiers, inscribe contents of certificates, sign certificates and record the grant of certificates in dwelling house or construction work ownership registers. In cases where the dossiers fail to meet conditions for the grant of certificates, the district-level People's Committees must notify in writing the requesters of the reasons therefor.

4. Within five working days after signing the certificates, the district-level People's Committees must notify the house or work owners of their financial obligations provided for by law. For rural areas, the district-level People's Committees shall forward notices to the commune-level People's Committees for the latter to transfer them to the house or work owners.

Within 60 days after receiving the notices on fulfillment of their financial obligations, owners must fulfill such obligations in order to be granted the certificates.

5. For urban centers, the handing of certificates, collection of fees and reception of original papers on dwelling houses or construction works shall be conducted at district-level People's Committees. For rural areas, district-level People's Committees shall organize the handing of certificates, collect payments under financial obligations and original papers on dwelling houses or construction works at commune-level People's Committees of the localities where exist houses or works to be granted the certificates.

6. Before receiving certificates, owners must hand over receipts on fee payment and original papers on dwelling houses or construction works to district-level People's Committees for archive and sign for reception thereof in the dwelling house and construction work registers.

7. Quarterly, district-level People's Committees must notify commune-level People's Committees of the lists of cases having been granted certificates or being unqualified to be granted certificates, including lists of overseas Vietnamese or foreigners (if any) in the localities under management by commune-level People's Committees.

Article 13.- Order of, procedures for, the grant of certificates to organizations

1. Vietnamese and foreign organizations shall submit the certificate-requesting dossiers defined in Article 11 of this Decree to provincial/municipal Construction Services. Provincial/municipal Construction Services shall have to examine the dossiers and issue dossier receipts, stating time for the handing of certificates, if such dossiers are complete; or guide the requesting organizations to submit all required papers, if such dossiers are incomplete.

In cases where the surveying of dwelling houses or the results of the surveying of construction works must be verified, within 10 working days after receiving dossiers of request for the grant of certificates, provincial/municipal Construction Services must survey dwelling houses or verify the results of the surveying of construction works.

2. Within 30 days after receiving complete and valid dossiers or completing the surveying or the verification of the surveying results, provincial/municipal Construction Services shall have to examine the dossiers, inscribe contents of certificates and submit such certificates to provincial-level People's Committees for signing or sign them if they are authorized to do so. For cases unqualified to be granted certificates, provincial-level People's Committees (in case provincial-level People's Committees sign the certificates) or provincial/municipal Construction Services (in case provincial/municipal Construction Services are authorized to sign the certificates) shall return the dossiers and notify in writing the requesters of the reasons therefor.

3. Within 10 working days after receiving dossiers transferred by provincial/municipal Construction Services, provincial-level People's Committees shall consider and sign certificates, then transfer them back to provincial/municipal Construction Services for handing over to the owners.

4. Within five working days after signing certificates or receiving certificates signed by provincial-level People's Committees, provincial/municipal Construction Services must record the grant of certificates in dwelling house and construction work ownership registers and notify in writing the requesting organizations of their financial obligations as provided for law.

5. Within 60 days after receiving provincial/municipal Construction Services' notices, organizations requesting the grant of certificates must fulfill their financial obligations in accordance with the provisions of law.

6. Before receiving certificates, owners must submit receipts on fee payment and original papers on their dwelling houses or construction works to provincial/municipal Construction Services for archive and sign for reception thereof in the dwelling house or construction work ownership registers.

7. Quarterly, provincial/municipal Construction Services must notify in writing commune-level People's Committees of the cases having been granted certificates or being unqualified to be granted certificates in the localities under the latter's management.

Article 14.- Cases eligible for re-grant, renewal of certificates

1. In cases where certificates granted under the provisions of this Decree are lost, their owners may be granted new certificates after notifying such in writing to commune-level People's Committees of the localities where exist their dwelling houses or construction works, with written certification by police offices of wards, communes or townships where the certificates are lost. For urban centers, the loss of certificates must be announced on the mass media for three consecutive times, while for rural areas, the loss of certificates must be publicly posted up for 15 days at the headquarters of commune-level People's Committees.

2. In cases where the certificates granted under the provisions of this Decree are damaged, torn or left with no more pages for recording changes, their owners may have their certificates renewed.

Article 15.- Dossiers of request for the re-grant or renewal of certificates

1. Dossiers of request for the re-grant of certificates shall each comprise:

a/ A written request for the re-grant of a certificate, clearly stating the reasons for loss of the certificate and the requester's pledge to take full responsibility before law for his/her/its declaration;

b/ The written certifications of the loss of the certificate, the receipt of announcement of such loss on the mass media or the notification of such loss as provided for in Clause 1, Article 14 of this Decree.

2. Dossiers of request for the renewal of certificates shall each comprise:

a/ A written request for the renewal of a certificate, clearly stating the reasons therefor;

b/ The old certificate granted under the provisions of this Decree.

Article 16.- Order of, procedures for, the re-grant and renewal of certificates

1. The order of, procedures for, the re-grant of certificates shall be as follows:

a/ Thirty days after making the last announcement on the mass media or after the expiration of the time limit for posting up notices on the loss of certificates at the headquarters of commune-level People's Committees, owners shall submit dossiers stipulated in Clause 1, Article 15 of this Decree to the agencies competent to grant certificates. Dossier-receiving agencies must issue dossier receipts, clearly stating the time for settlement thereof;

b/ Within 15 working days after the receipt of complete dossiers as stipulated, the agencies competent to grant certificates shall have to re-grant certificates to the owners and affix stamp "re-granting for the'time" in the re-granted certificates. Old certificates shall cease to be legally valid.

2. Order of, procedures for, the renewal of certificates shall be as follows:

a/ Owners shall submit dossiers of request for the renewal of certificates stipulated in Clause 2, Article 15 of this Decree at the competent certificate-granting agencies. The dossier-receiving agencies must issue dossier receipts, clearly stating the time for settlement thereof;

b/ Within 15 working days after receiving the complete and valid dossiers, the competent certificate-granting agencies shall renew certificates for the owners. Certificate-granting agencies must withdraw and cut off an edge of the old certificates for archive.

Article 17.- Certification of changes after the grant of certificates

1. In cases where after being granted certificates, owners make repairs or improvements, thereby changing the area or grade or class of their dwelling houses or construction work, they must make written requests for certification of such changes and submit them together with dwelling house ownership or construction work ownership certificates to provincial/municipal Construction Services or district-level People's Committees for certification of such changes.

2. Procedures for certification of changes shall be carried out as follows:

a/ Organizing the submission of dossier of request for certification of changes stipulated in Clause 1 of this Article at provincial/municipal Construction Services. Individuals in urban centers shall submit such dossiers at district-level People's Committees; individuals in rural areas shall submit such dossiers at commune-level People's Committees for transfer to district-level People's Committees for certification.

6. Within 15 working days after receiving the complete and valid dossiers, the competent agencies defined in Clause 1 of this Article must certify changes in certificates and hand them to owners. The dossier-receiving agencies must issue receipts. Certificate receivers must sign for reception in dwelling house and construction work ownership registers.

Article 18.- Acts of violation in the grant and use of certificates

1. Fraudulently altering or forging papers in order to be granted dwelling house ownership or construction work ownership certificates.

2. Deliberately falsifying dossiers in order to be granted dwelling house ownership or construction work ownership certificates.

3. Committing negative or harassing acts; delaying the grant of dwelling house ownership or construction work ownership certificates without plausible reasons.

4. Destroying certificates or committing fraudulent acts in order to be re-granted certificates.

5. Other acts of violation which cause harms to people with interests and obligations relating to the grant and use of certificates.

Article 19.- Handling of violations

1. Certificate requesters, if committing acts of fraudulently altering or forging papers in order to be granted dwelling house ownership or construction work ownership certificates, shall be administratively sanctioned or examined for penal liability in accordance with the provisions of law.

2. Heads of agencies or units, officials and public employees that deliberately falsify dossiers, commit negative or harassing acts or delay the grant of certificates without plausible reasons shall, depending on the seriousness of their violations, be disciplined according to the provisions of the Ordinance on Public Employees; if crimes are fully constituted with adequate elements, they shall be examined for penal liabilities.

3. People who commit acts of violating the provisions of this Decree, causing harms to others must pay compensations to victims according to the provisions of the civil law.

4. People transferred with dwelling house or construction work ownership certificates through sale, purchase, donation, exchange or inheritance or other forms provided for by law without filling in the procedures to be granted certificates under the provisions of this Decree shall be sanctioned in accordance with the provisions of law.

Article 20.- Settlement of complaints about the grant of dwelling house ownership or construction work ownership certificates

The settlement of complaints in the course of implementation of this Decree shall comply with the provisions of the law on complaints and denunciations.

Article 21.- Responsibilities of relevant ministries and branches

1. The Ministry of Construction has the responsibility:

a/ To guide, inspect and urge the implementation of this Decree and settle problems arising in this process; to sum up and propose to the Government amendments and/or supplements to this Decree;

b/ To provide uniform guidance nationwide on the archive and management of dossiers related to dwelling house ownership or construction work ownership.

2. Ministers, heads of ministerial-level agencies, heads of relevant Government-attached agencies shall have to implement this Decree.

Article 22.- Responsibilities of provincial-level People's Committees

1. To promulgate specific regulations on the grant of dwelling house ownership and construction work ownership certificates; to assign specific tasks to relevant attached agencies and direct the grant of certificates on the principle of simplification of administrative procedures under the provisions of this Decree.

2. To make detailed list of papers defined in Clause 2, Article 9 of this Decree.

3. To direct the relevant attached agencies in the implementation, inspection and urging of the implementation of this Decree in localities.

4. To organize archival systems of dossiers at provincial/municipal Construction Services and district-level People's Committees under guidance of the Construction Ministry.

5. To organize annual preliminary reviews and report results of implementation as well as problems to the Construction Ministry for settlement according to its competence or submission to the Government for settlement, if such problems fall under the Prime Minister's competence.

6. To set fees for the first-time grant, renewal and re-grant of dwelling house ownership and construction works ownership certificates in suitability with the actual conditions of localities, on the following principles:

a/ For the first-time grant of dwelling house ownership certificates to individuals, the fee must not exceed VND 100,000/certificate.

For the first-time grant of dwelling house ownership certificates to organizations, the fee must not exceed VND 500,000/certificate;

b/ For the first-time grant of construction work ownership certificates to individuals and organizations, the fee must not exceed VND 500,000/certificate;

c/ For the renewal, re-grant of, and certification of changes in, dwelling house ownership or construction work ownership certificates and other cases related to the grant of dwelling house ownership or construction work ownership certificates, the fee must not exceed VND 50,000/certificate.

Article 23.- Responsibilities of district-level and commune-level People's Committees

1. District-level People's Committees have the responsibility:

a/ To assign specific tasks to relevant attached agencies, arrange adequate forces, equipment and facilities to satisfy the need for the grant of dwelling house ownership or construction work ownership certificates according to their assigned tasks and in suitability with the actual conditions of localities;

b/ To organize the grant of dwelling house ownership or construction work ownership certificates in their respective localities according to the provisions of this Decree and under specific plans assigned by provincial-level People's Committees.

2. Commune-level People's Committees shall have to receive, certify and transfer dossiers of request for the grant of certificates of domestic individuals, overseas Vietnamese or foreigners under the provisions of Article 12 of this Decree.

Article 24.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 60/CP of July 5, 1994, on dwelling house ownership and land use right in urban centers. All previous regulations contrary to this Decree are hereby annulled.

Dwelling house ownership and land use right certificates, which have been granted under the provisions of the Government's Decree No. 60/CP of July 5, 1994, shall still be legally valid. In cases where owners wish to renew their certificates under the provisions of this Decree, they must fill in the procedures for renewal of certificates according to the provisions of Article 16 of this Decree.

On behalf of the Government
Prime Minister
PHAN VAN KHAI