Supplementing procedures for granting land use right in Vietnam certificates for non-residential real estate projects (Draft)?
- Supplement regulations on types of registration papers, issuance of granting land use right in Vietnam certificates for real estate business projects that are not for housing development?
- Supplementing procedures for granting land use right in Vietnam certificates for real estate projects that are not for housing development?
- What are the responsibilities of the land registration office in ggranting land use right in Vietnam certificates to real estate projects other than housing development?
Supplement regulations on types of registration papers, issuance of granting land use right in Vietnam certificates for real estate business projects that are not for housing development?
According to Clause 10, Article 1 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law, Article 72 of Decree No. 43/2014/ND-CP guiding the implementation of the Land Law as follows :
“Article 72. Order and procedures for registration and issuance of certificates of land use rights and ownership of houses and other land-attached assets to recipients of land use rights transfer, purchase of houses and works construction in housing developments and in non-residential real estate business ventures
1. After completing the work, the investor is responsible for submitting the following documents to the Department of Natural Resources and Environment:
a) For housing development projects:
Certificate or decision on land allocation or land lease issued by a competent authority; documents for the fulfillment of financial obligations of the project investor, in case there is a change in financial obligations, documents evidencing the completion of financial obligations for such change (except for cases of exemption from financial obligations) must be submitted. or late payment as prescribed by law);
The built-up house and land plan is the as-built ground drawing or the ground design drawing with the dimensions of the sides of each sold apartment in accordance with the construction status and the signed contract; Construction permit (if any); A notice of a specialized construction agency allowing the investor to take over the work or approve the results of the test and takeover on completion of the work and put it into use in accordance with the law on construction; a list of apartments and construction works (with information about apartment number, land area, construction area and shared and separate use area of each apartment; in the case of an apartment building, the diagram must be showing the scope (size, area) of the common land used by the apartment owners, the construction site of the apartment building, the floor plan of each floor, each apartment; Report on the project implementation results.
b) For real estate business projects other than housing development projects:
Certificates of land use rights, ownership of houses and other land-attached assets; documents for fulfillment of financial obligations of the project owner, in case there is a change in financial obligations, documents proving the completion of financial obligations for such change must be submitted (except for cases of exemption or delay). paid in accordance with the law);
Site design drawings in accordance with the current construction status and signed contracts; A notice of a specialized construction agency allowing the investor to take over the work or approve the results of the test and takeover on completion of the work and put it into use in accordance with the law on construction; land area, construction area, common use area, separate use area of each work item."
Supplementing procedures for granting land use right in Vietnam certificates for non-residential real estate projects (Draft)? (picture from internet)
Supplementing procedures for granting land use right in Vietnam certificates for real estate projects that are not for housing development?
According to Clause 10, Article 1 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law, Article 72 of Decree No. 43/2014/ND-CP guiding the implementation of the Land Law as follows :
- Within no more than 30 days from the day on which the valid application is received, the Department of Natural Resources and Environment is responsible for inspecting the current status of land use, houses and built constructions other than houses, and event of transfer of land use rights, sale of houses and construction works of project investors.
+ After completing the inspection, the Department of Natural Resources and Environment is responsible for sending a notice to the project investor of the inspection results; send a notice enclosed with the checked diagram of houses, land and constructions other than houses to the Land Registration Office to carry out the procedures for registration of houses, land and non-residential construction works for the purchaser for the cases where the conditions are satisfied as prescribed by law; publicly post the test results on the website of the People's Committee of the province and the Department of Natural Resources and Environment where the land is located.
- The investor of a housing project is responsible for submitting 01 application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets on behalf of the transferee of land use rights. land, buy houses or construction works that are not houses or provide documents to the buyer for self-registration. Profile includes:
+ An application for registration of land and land-attached assets, issuance of a certificate of land use rights and ownership of houses and other land-attached assets;
+ Contracts on transfer of land use rights, purchase and sale of houses and non-residential construction works as prescribed by law;
+ Minutes of handing over houses, land, construction works that are not houses.
What are the responsibilities of the land registration office in ggranting land use right in Vietnam certificates to real estate projects other than housing development?
According to Clause 10, Article 1 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law, Article 72 of Decree No. 43/2014/ND-CP guiding the implementation of the Land Law as follows :
- The land registration office is responsible for performing the following tasks:
+ Check the legal documents in the file; confirm eligibility or ineligibility for issuance of Certificate of granting land use right in Vietnam and ownership of houses and other land-attached assets in the registration application;
+ Send cadastral data to tax authorities to determine financial obligations (if any);
+ Update information in cadastral records and land database (if any);
+ Prepare dossiers for submission to competent agencies for granting certificates of land use rights and ownership of houses and other land-attached assets specified in Article 37 of this Decree;
+ To request the project investor to submit the granted certificate of land use rights and ownership of houses and other land-attached assets for correction in the cadastral dossier and land database;
+ Handing over the Certificate of land use rights and ownership of houses and other land-attached assets to the Certificate applicant.
- The land registration office shall receive dossiers, handle registration procedures and issue certificates to recipients of land use rights transfer, purchase of houses and non-residential construction works in the following areas: housing development projects and in real estate business projects other than housing development projects, in case the application has been submitted in full as prescribed in Clause 3 of this Article.
Thus, the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law adds the case of non-residential construction works to the order and procedures for registration, granting Certificate of land use rights, ownership of houses and other land-attached assets as prescribed in Article 72 of Decree 43/2014/ND-CP.
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