What is the application for carrying out procedures for registration of land use right certificates in Vietnam applicable from May 2023?
- What is the application for carrying out procedures for registration of land use right certificates in Vietnam applicable from May 2023?
- What is the current written form of registration for issuance of Certificate of rights to use land, ownership of land and property on land?
- What are the procedures for registration of land use right certificates for the first time at the provincial level applied from May 2023?
What is the application for carrying out procedures for registration of land use right certificates in Vietnam applicable from May 2023?
Pursuant to subsection 1, Section I, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the application for issuance of land use right certificates for the first-time by electronic means includes:
(1) A written form of registration for issuance of Certificate of rights to use land, ownership of land and property on land, made according to Form No. 04a/DK issued together with Circular No. 24/2014/TT-BTNMT on cadastral dossiers;
(2) One of the papers on land use rights (a copy of one of the papers already notarized or authenticated or a copy of the document and present the original for the officer receiving the dossier to check and verify against the copy or the original) as follows:
- Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of Vietnam. South Vietnam and the State of the Socialist Republic of Vietnam;
- A temporary certificate of land use right granted by a competent state agency or named in the land register or cadastral book before October 15, 1993;
- Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;
- Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People's Committee as being used before October 15, 1993;
- Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;
- Papers on land use rights granted to land users by competent agencies under the old regime;
- One of the papers made before October 15, 1993 with the name of the land user, including:
+ Land-itemizing book, ant-filling book made before December 18, 1980.
+ One of the documents prepared in the process of land registration under the Directive No. 299-TTg of November 10, 1980 of the Prime Minister on the work of land measurement, classification and registration of land statistics in the whole country under the management of state agencies, whose names of land users include:
++ Minutes of approval of the Commune-level Land Registration Council to determine that the person currently using the land is lawful;
++ A summary of lawful land use cases made by the commune-level People's Committee or the commune-level Land Registration Council or the district- or provincial-level land management agency;
++ An application for registration of land use rights in case there is no record of approval and a summary of legal land use cases. In case there is a difference in the application for registration of land use rights between the time of making the application and the time of certification, the time of making the application shall be calculated according to the earliest time stated in the application.
++ Papers on certification of registration of land use rights issued by the People's Committees of communes, districts or provinces to land users;
++ Papers on the declaration and registration of houses certified by the People's Committees of communes, districts or provinces, in which the land area for which houses are located;
++ Papers of defense units allocating land to officers and soldiers to build houses before October 15, 1993 according to Directive No. 282/CT-QP of July 11, 1991 of the Minister of National Defense that the allocation of such land is consistent with the master plan on land use for housing by officials and soldiers in the national defense land master plan already approved by a competent authority.
+ The project or list or document on migration to build new economic zones, migration and resettlement approved by district- or provincial-level People's Committees or competent state agencies.
+ Papers of the state-owned farm or forestry enterprise on the allocation of land to workers in the farm or forestry farm for housing (if any).
+ Papers with contents on ownership of houses and works; on the construction and repair of houses and works certified or permitted by the People's Committees of districts or provinces or the state management agencies in charge of housing and construction.
+ Papers on temporary land allocation issued by the People's Committees of districts and provinces; An application for land use approved or approved by the People's Committee of the commune or agricultural cooperative before July 1, 1980, or approved and approved by the People's Committee of the district or province.
+ Papers of competent state agencies on the allocation of land to agencies or organizations to arrange land for officials and employees to build houses for themselves or to build houses to allocate (grant) to officials; employees with capital that is not part of the state budget or built by cadres and employees themselves. In case of construction of houses with state budget capital, such housing funds must be handed over to local housing management agencies for management and business in accordance with law.
- Copies of papers made before October 15, 1993 bearing the name of the land user mentioned at point g, certified by the district- or provincial-level People's Committee or a district- or provincial-level specialized management agency for in case the original of this document has been lost and the state agency no longer keeps a record of management of the issuance of such document.
- The Department of Natural Resources and Environment and the Division of Natural Resources and Environment are responsible for providing land-itemizing books and construction books made before December 18, 1980 as prescribed in Clause 1 of this Article which are being archived at their offices for the commune-level People's Committees and land users to serve the registration and issuance of certificates of land use rights, ownership of houses and other land-attached assets.
- One of the above-said land use right papers in which another person's name is written, together with the paper on land use right transfer with signatures of the concerned parties.
- Households and individuals may use land according to judgments or decisions of the People's Courts, judgment enforcement decisions of judgment enforcement agencies, written recognition of successful conciliation results, decisions on settlement of disputes, complaints and denunciations about land of competent state agencies have been executed.
- Households and individuals that are currently using land have a decision on land allocation or land lease issued by a competent state agency from October 15, 1993 to July 1, 2014.
- A certificate that the land is for common use by the community in case the residential community is using the land.
(3) Documents to fulfill financial obligations; papers related to the exemption or reduction of financial obligations on land and assets attached to land - if any (copy).
(4) In case there is registration of limited use right to the adjacent land parcel, there must be a contract or written agreement or decision of the People's Court on the establishment of the limited use right of the adjacent land parcel, enclosed with a diagram showing the location and size of the area of the land plot that the users of the adjacent land parcel have limited use rights.
What is the application for carrying out procedures for registration of land use right certificates in Vietnam applicable from May 2023? (Image from the Internet)
What is the current written form of registration for issuance of Certificate of rights to use land, ownership of land and property on land?
The written form of registration for issuance of Certificate of rights to use land, ownership of land and property on land is currently made according to form No. 04a/DK issued together with Circular No. 24/2014/TT-BTNMT, has the following form:
Download the written form of registration for issuance of Certificate of rights to use land, ownership of land and property on land: Click here.
What are the procedures for registration of land use right certificates for the first time at the provincial level applied from May 2023?
Pursuant to subsection 1, Section I, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, guiding the procedures for registration of land use right certificates for the first time with 02 forms as follows:
Direct execution:
- Land users submit dossiers at the land registration office or branch of the land registration office or the dossier-receiving agency as prescribed by the provincial-level People's Committee or at the required location for the land users. The locality where the People's Committee of the province has promulgated regulations on receiving, circulating dossiers, handling and returning results of settlement procedures according to location needs.
Households, individuals and communities shall submit dossiers to the commune-level People's Committees if they wish.
In case of receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers in accordance with regulations. .
- The application-receiving agency is responsible for recording all information in the record-receiving book and returning the results and handing over the application-receiving slip and returning the results to the applicant.
In case households, individuals or communities submit their dossiers to the commune-level People's Committees, the commune-level People's Committees shall forward the dossiers to the land registration office or branch of the land registration office.
- The land registration office or the branch of the land registration office shall update the information of the registered land parcel in the cadastral file, land database (if any).
Carry out the procedures by electronic means:
The dossier-receiving and handling agency shall have to carry out the administrative orders and procedures on land in accordance with the land law; In case it is necessary to check, verify, clarify or due to other reasons, the result of dossier settlement cannot be returned in accordance with the regulations on time for settling administrative procedures for land, the agency receiving the dossier and handling the application shall decide on the procedure for sending a notice in writing or via the Public Service Portal or via SMS to the requester, clearly stating the reason.
Land users and owners of assets attached to land are responsible for fulfilling their financial obligations as prescribed by law either directly or online through the payment function of the Public Service Portal.
The return of results of administrative procedure settlement shall be carried out at the application-receiving agency or through the public postal service or at the required location for the case of receiving dossiers and returning the results of settlement of procedures for registration of land and other land-attached assets.
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