How to carry out the procedures for registration and issuance of certificate of land use rights in Vietnam? How to carry out online land-related administrative procedures in Vietnam?
How to carry out online land-related administrative procedures in Vietnam?
On April 3, 2023, the Government issued Decree No. 10/2023/ND-CP on amendments and supplements to several articles of decrees on instructions for implementation of the Law on Land.
According to that, in Clause 7, Article 1 of Decree No. 10/2023/ND-CP, Clause 6 has been amended and Clauses 7 and 8 Article 60 added to Decree No. 43/2014/ND-CP on online administrative procedures as follows:
Online administrative procedures for registration and grant of Certificates shall be implemented as follows:
(1) Based on specific conditions relating to land-related information technology infrastructure and land databases put under their management, agencies receiving and handling land-related applications specified in this Article shall be responsible for receiving and notifying decisions on land-related applications online according to the Government's regulations.
(2) An agency receiving and notifying decisions on land-related applications shall be responsible for following land-related administrative processes and procedures prescribed in laws on land;
- When needing to verify land-related applications, or failing to issue decisions on land-related applications within the prescribed time limits for handling of land-related applications due to other causes, the agency receiving and handling land-related applications shall send applicants notifications issued in writing or via the Public Service Portal or SMS, clearly stating reasons for those actions.
- Land users and land-attached property owners shall be responsible for meeting financial obligations pursuant to laws directly or online via the payment solution embedded into the Public Service Portal.
- The application receiving agency or the application handling agency shall request the applicant to submit the original Certificate, enclosing other documents as legally required, after the land user has fulfilled financial obligations.
- Decisions on applications for registration of land and other land-attached property; for issuance, replacement or reissuance of Certificates shall be issued at offices of land-related application receiving agencies or by public post, or to the given addresses of recipients.
Note: Online interagency data connection, sharing and interconnection for handling of administrative procedures and payment of financial obligations of applicants shall be subject to laws on implementation of online administrative procedures and laws on implementation of single-window or interconnected single-window mechanisms.
How to carry out the procedures for registration and issuance of certificate of land use rights in Vietnam? How to carry out online land-related administrative procedures in Vietnam?
What are the responsibilities of the parties in the online land-related administrative procedures in Vietnam?
Pursuant to the provisions of Clause 7 Article 60 of Decree No. 43/2014/ND-CP (amended and supplemented by Clause 7 Article 1 of Decree No. 10/2023/ND-CP stipulating the responsibilities of the online land-related administrative procedures as follows:
Dossier submission and notification of results of implementation of land- related administrative procedures
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7. Land users and land-attached property owners applying for land-related administrative decisions as referred to in this Article shall be held legally responsible for accuracy and truthfulness of declared information and enclosed documents.
Application receiving agencies shall be responsible for checking whether required documents included in applications are adequate; application handling agencies shall be responsible for handling applications under their jurisdiction and within the time limit prescribed in law without bearing any responsibility for information included in documents and papers that has been accepted, appraised, approved or handled before.
Thus, when performing online land-related administrative procedures, land users and land-attached property owners applying for online land-related administrative decisions and the application-receiving agency shall be responsible for the above regulations.
What is the duration of the procedures for registration and issuance of certificate of land use rights in Vietnam?
Pursuant to the provisions of Clause 2, Article 61 of Decree No. 43/2014/ND-CP as amended by Clause 40, Article 2 of Decree No. 01/2017/ND-CP, as follows:
Duration of administrative procedures for land
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2. The duration of the procedures for registration of land and properties attached to land, for certification and re-certification is defined below:
a) The registration of land and properties attached to land or the certification of land use right with or without ownership of house and properties attached to land shall not take more than 30 days;
b) The registration and certification of land use right with or without ownership of house and properties attached to land for a transferee receiving land use right with or without ownership of house or building from a construction investment organization shall not take more than 15 days;
c) The registration and certification of land use right with or without ownership of house and properties attached to land upon a change to the properties attached to land shall not take more than 15 days;
d) The registration of change to land or properties attached to land for a winner of an auction of land use right; the settlement of land-related dispute, complaint or denunciation; the settlement of a land use right mortgage contract or a contract for contribution of capital in the form of land use right; the distrainment and auction of land use right or properties attached to land for the execution of a sentence; the division, merger or consolidation of an organization or conversion of a company; the division or consolidation of land use right(s) and ownership(s) of properties attached to land under an agreement of a household, married couple or group of land users shall not take more than 10 days;
dd) The division or consolidation of land lots or the registration of land allocated by the government for management shall not take more than 15 days;
Thus, the duration of registration and issuance of certificate of land use rights in Vietnam is prescribed as follows:
- The registration of land and properties attached to land or the certification of land use right with or without ownership of house and properties attached to land shall not take more than 30 days;
- The registration and issuance of certificates of land use rights, ownership of houses and other land-attached assets, for additional land-attached assets shall not take more than 20 days.
Decree No. 10/2023/ND-CP takes effect from May 20, 2023.
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