How to register changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land?
- Instructions on how to register changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land?
- What is included in the application for registration of changes in land use rights in the case of settlement of disputes, complaints and denunciations about land?
- What is the time limit for settlement of the procedures for registration of changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land?
Instructions on how to register changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land?
Pursuant to subsection 18, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, guiding the registration of changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land as follows:
- Recipients of land use rights and land-attached assets, in the case of receiving land use rights according to the results of settlement of disputes, complaints and denunciations about land, submit dossiers at the Land Registration Office or Branches of land registration offices or dossier-receiving agencies as prescribed by provincial-level People's Committees or locations according to the need for localities where the provincial People's Committee 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 implementation of a part of a land plot, the land user shall request the Land Registration Office or the Branch of the Land Registration Office to carry out measurement of plot separation for the area in which the rights of the land user are to be exercised before submitting the application for the exercise of the rights of the land user.
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.
How to register changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land? (Image from the Internet)
What is included in the application for registration of changes in land use rights in the case of settlement of disputes, complaints and denunciations about land?
Pursuant to subsection 18, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the application for registration of changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land includes:
(1) Application for registration of changes in land and assets attached to land
(2) The original of the issued Certificate, except for cases of implementing decisions or judgments of people's courts, judgment enforcement decisions of judgment enforcement agencies that have taken effect or auctioning land use rights and land-attached assets at the request of the People's Court or judgment enforcement agency without revoking the original issued Certificate.
(3) Records of successful mediation (in case the mediation is successful, there is a change in the boundaries of the land parcel, the recognition decision of the competent People's Committee must be added) or a decision of a competent state agency on settlement of disputes, complaints and denunciations about land in accordance with law.
For cases where information on household members and marital status specified at this point must be used, the procedure-settling agency is responsible for exploiting and using information in the national database on population according to regulations.
For the case of carrying out the procedures for registration of changes in land and assets attached to land, but there is a change in information about the legal entity, number of ID card/citizen identity card/personal identification number, passport, address, etc. on the granted Certificate, the land user shall submit the following additional papers:
- Copy of ID card/citizen identity card/personal identification number, passport, military ID card, other papers proving identity change in case of change of identity information of the holder of the Certificate;
In case the national data on population is shared and connected with data of sectors and fields (including the land sector), the receiving agency shall use data from the national database on population that does not require applicants to submit a copy of their ID card/citizen identity card/personal identification number, passport or other document to prove their identity.
- The document of the competent authority permitting or recognizing the change of legal entity information in case of change of information about the legal entity of the organization stated on the Certificate.
What is the time limit for settlement of the procedures for registration of changes in land use rights in Vietnam in the case of settlement of disputes, complaints and denunciations about land?
Pursuant to subsection 18, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the time limit for settlement of procedures for registration of changes in land use rights in the case of settlement of disputes, complaints and denunciations about land shall be prescribed by the People's Committee of the province but not later than 10 days from the date of receipt of a valid dossier.
This time does not include the time of holidays and holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time for consideration and handling for the case of land use in violation of the law, the time for soliciting expertise.
For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time may be increased by 10 days.
Results of settlement of administrative procedures must be returned to land users and owners of land-attached assets within 03 working days from the date of receipt of settlement results.
- For localities where the provincial-level People's Committee has issued regulations on receipt, rotation of dossiers, settlement and return of results of procedure settlement according to time needs, the time for processing procedures shall be shall comply with the agreement between the person in need and the Land Registration Office or Branch of the Land Registration Office, but within the time limit for carrying out the procedures prescribed by the People's Committee of the province.
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