Decision 678/QD-BTP 2024 Regulating the Inspection of the Registration of Security Measures by Land Use Rights and Associated Land Assets: What Are the Provisions?
Plan for Inspecting the Registration of Security Measures Using Land Use Rights, Assets Attached to Land in 2024
On April 17, 2024, the Minister of Justice issued Decision 678/QD-BTP of 2024 regarding the Plan for Inspecting the Registration of Security Measures Using Land Use Rights, Assets Attached to Land in 2024.
Implementing the function of assisting the Government of Vietnam in uniformly managing the state's registration of security measures, in 2024, the Ministry of Justice will cooperate with the Ministry of Natural Resources and Environment to organize inspections of the registration of security measures using land use rights, assets attached to land in several localities.
The inspection will evaluate the implementation of tasks from the years 2022, 2023, and 2024 (up until the inspection time).
The inspection locations include the provinces of Vinh Long, Lam Dong, Dak Nong, Khanh Hoa, Phu Yen, and Binh Dinh. The expected implementation period is in Q2-Q3/2024, with 02 days per locality.
Agencies Subject to Inspection:
- The Department of Justice is the agency assigned by the Provincial People's Committee (PPC) to assist the PPC in performing state management functions over the registration activities of security measures using land use rights, assets attached to land in their localities.
- The Department of Natural Resources and Environment takes the lead and cooperates with the Department of Justice to assist the PPC in performing certain tasks and powers in managing the state registration of security measures in their localities.
- The Land Registration Office and several branches.
The plan's objectives are as follows:
- To monitor and evaluate the state management implementation, coordination mechanism in state management, and the organization and enforcement of laws on registering security measures using land use rights, assets attached to land in localities as per legal regulations.
- To grasp, evaluate, and summarize the implementation of registering security measures using land use rights, assets attached to land in localities; identify difficulties, problems, provide guidance and resolve issues in state management and registration of security measures using land use rights, assets attached to land in localities.
- Through inspection activities, to propose solutions to improve effectiveness in state management and the registration of security measures using land use rights, assets attached to land in localities.
Decision 678/QD-BTP of 2024 for inspecting the registration of security measures using land use rights, assets attached to land (Image from Internet)
How will the inspection of the registration of security measures be according to Decision 678/QD-BTP of 2024?
To evaluate the effectiveness of state management activities concerning the registration of security measures by authorized agencies in localities, offices and certain branches of the Land Registration Office (hereinafter referred to as the Registration Office) will be selected to conduct actual inspections of registration activities as per Decision 678/QD-BTP of 2024, specifically:
- Regarding the validity of the dossiers received and handled by the registration agency (the components of the dossier, the declaration of information on the registration request form, and the comparison of the declared information on the form with the information in the security contract and the information kept at the Registration Office);
- Checking compliance with legal regulations on the registration of security measures using land use rights, assets attached to land relating to the following:
(1) On registration authority; on rejection (number of rejected dossiers, form of rejection, reason for rejection); on resolution time (actual resolution time, number of dossiers resolved late compared to legal regulations (calculated by year), reason for untimely resolution);
(2) On certifying the registration of security measures by the registration agency;
(3) On dossier storage (documents that are part of the registration dossier; method of storing registration dossiers at Registration Offices (electronic storage/paper storage);
(4) On creating types of books as prescribed (creating and recording books on registration of security measures including: reception book, cadastral book, register of mortgage of assets to be formed in the future);
(5) On providing information (resolution time, cases of rejection);
(6) On fee collection (fee rates, implementation of fee exemption for registration of security measures in certain cases as prescribed);
- Public posting of administrative procedures and fee rates;
- Difficulties and problems in the registration, information provision activities of the Registration Office; reasons and proposals, recommendations (if any);
- Number of dossiers on registration of security measures, number of requests for information provision at the Registration Office in the years 2022, 2023, and 2024 (up to the inspection time).
Current procedures for registering security measures using land use rights, assets attached to land?
According to the regulations at sub-item 1 Part B of the administrative procedure promulgated with Decision 2546/QD-BTP of 2022 prescribing the procedures for registering security measures using land use rights, assets attached to land are as follows:
Implementation Sequence:
- Submit the dossier to the Land Registration Office - Department of Natural Resources and Environment, or Branch of the Land Registration Office.
- In cases where the registration dossier for land use rights, assets attached to land is submitted through the Reception and Result Returning Division for administrative procedures, the Provincial Public Administration Service Center, or the People's Committee of the commune, ward, commune-level town, the dossier resolution time is calculated from the time the Land Registration Office receives a complete and valid dossier.
- If there is no basis for rejection, the Land Registration Office receives the valid dossier, processes it, and returns the results.
Implementation Methods:
- Through the online registration system;
- Direct paper submission or via postal service;
- Via email.
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