What are the instructions for Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
- What are the procedures for Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
- What is the application for Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
- How long does it take to process Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
What are the procedures for Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
Pursuant to subsection 4, Section B, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023 on procedures for Registration of changes in land use rights in case the additional land area acquired from transfer or inheritance at district level is as follows :
Step 1: The land user submits the application at the Land use right registration office under the Department of Natural Resources and Environment or the application receiving agency according to the regulations of the People's Committee of the province or centrally run city.
Households, individuals and communities shall submit dossiers to the commune-level People's Committees if they wish.
In case of exercising the land user's rights over a portion of the land plot, the land user requests the Land use right registration office to conduct a separate measurement of the plot for the area where the land user's rights need to be exercised before proceeding. Submit documents to exercise land user rights.
In case of receiving an incomplete or invalid application, within a maximum of 03 days, the agency receiving and processing the application must notify and instruct the applicant to supplement and complete the application according to regulations. .
Step 2: The application-receiving agency records all information in the application-receiving book and returns the results, hands over the application-receiving slip and returns the results to the applicant.
In case the application is submitted at the People's Committee of the commune, within 03 working days from the date of receipt of the complete dossier, the People's Committee of the commune must transfer the dossier to the Land use right registration office.
Step 3: The land use right registration office is responsible for checking the application, if it is eligible to exercise the rights as prescribed, it will perform the following tasks:
- Notify the transferor of land use rights and post it up at the People's Committee of the commune of the completion of the procedures for granting the Certificate to the transferee in case the transferee only has the certificate of the transferor; send a written request for certification of households or individuals directly engaged in agricultural production to the commune-level People's Committees of the places where they have registered their permanent residence, and the commune-level People's Committees of the localities where the land is located, in the case of transfer or receipt of land. donating rice land use rights to households and individuals;
- Send cadastral information to tax authorities to determine and notify collection of financial obligations in case financial obligations must be fulfilled as prescribed;
- Confirm the change content in the issued Certificate according to regulations of the Ministry of Natural Resources and Environment.
In case a Certificate is required, a dossier shall be made and submitted to a competent agency for granting a Certificate to the land user.
- Correct and update changes in cadastral records and land database.
- Hand over the certificate to the land user or sending it to the commune-level People's Committee for handing in case the dossier is submitted at the commune level.
In case the applicant for the Certificate has died before being granted the Certificate, the person inheriting the land use right in accordance with the law on inheritance shall submit additional papers on inheritance as prescribed. Land use right registration office certifies the inheritance on the signed certificate or makes a dossier to submit to the competent authority for granting the land use right certificate, ownership of houses and other land-attached assets to the heirs according to regulations of the Ministry of Natural Resources and Environment. The heir has the responsibility to fulfill the financial obligations regarding the land use rights and land-attached assets in case the certificate holder dies.
- Confirm on the original documents that the Certificate has been issued according to regulations.
Step 4: The certificate holder receives back the originals of the papers that have been certified for the issuance of the Certificate and the Certificate.
What are the instructions for Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level? (Image from the Internet)
What is the application for Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
Pursuant to subsection 4, Section B, Appendix 2 issued together with Decision 1085/QD-BTNMT in 2023, the Registration of changes in land use rights in case the additional land area acquired from transfer or inheritance at district level includes:
(1) An application form for re-issuance or replacement of land use right certificate, ownership of houses and other land-attached assets, made according to Form No. 10/DK issued together with Circular 24/2014/TT-BTNMT for the entire area of the land plot in use;
(2) The original Certificate of the original land plot;
(3) Original Certificate and contract, documents on transfer, inheritance, donation of land use rights made according to the regulations of the increased land area. In case of transfer, inheritance or donation of an increased land area as prescribed in Clause 2, Article 82 of Decree 43/2014/ND-CP, submit the original Certificate of the party transferring the land use rights or the contract. contracts, documents on the transfer, inheritance or donation of land use rights of the increased land area
How long does it take to process Registration of changes in land use rights in Vietnam in case the additional land area acquired from transfer or inheritance at district level?
Based on subsection 4, Section B, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023, this issue is stated as follows:
The time to process Registration of changes in land use rights in case the additional land area acquired from transfer or inheritance at district level will not exceed 10 days from the date of receipt of valid documents.
Note: This time does not include the time of holidays and holidays as prescribed by law; Does not include the time to receive documents at the commune or the time to fulfill the land user's financial obligations; does not include the time for consideration and handling in cases of land use that violates the law or the time for soliciting appraisals.
For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions, the implementation time is increased by 10 day.
- Results of administrative procedures must be returned to land users and owners of assets attached to land within no more than 03 working days from the date of resolution results.
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