To guide the procedures for the first-time issuance of Certificate of land use rights at the district-level Land use right registration office in Vietnam?
- To guide the procedures for the first-time issuance of Certificate of land use rights at the district-level Land use right registration office in Vietnam?
- How long is the time to settle the first-time application of Certificate of land use rights at the district-level Land use right registration office in Vietnam?
- What is the application for the first-time issuance of Certificate of land use rights at district-level Land use right registration office in Vietnam?
To guide the procedures for the first-time issuance of Certificate of land use rights at the district-level Land use right registration office in Vietnam?
Pursuant to subsection 1, Section B, Appendix 2 promulgated together with Decision 1085/QD-BTNMT in 2023 guiding the order of implementation of the first-time registration of Certificate of land use rights at the district-level Land use right office as follows:
Step 1: The land user submits the application at the district-level Land use right registration office or the application-receiving agency and returns the results according to the regulations of the Provincial People's Committee.
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 working days, the dossier-receiving and handling agency must notify and guide the applicant to supplement and complete the dossier according to the regulations.
Step 2: 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 and communities submit their dossiers to the commune-level People's Committees, the commune-level People's Committees shall forward the dossiers to the district-level Land use right registration office.
Step 3: The district-level Land use right registration office updates the registered land parcel information in the cadastral records, land database (if any).
To guide the procedures for the first-time issuance of Certificate of land use rights at the district-level Land use right registration office in Vietnam? (Image from the Internet)
How long is the time to settle the first-time application of Certificate of land use rights at the district-level Land use right registration office in Vietnam?
Pursuant to the instructions in subsection 1, Section B, Appendix 2, issued together with Decision 1085/QD-BTNMT in 2023, stipulating the time to settle the first-time application of Certificate of land use rights at district level as follows:
The issuance time of Certificate of land use rights will be prescribed by the Provincial People's Committee but is maximum 30 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.
What is the application for the first-time issuance of Certificate of land use rights at district-level Land use right registration office in Vietnam?
Based on subsection 1, Section B, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023, an application for the first-time issuance of Certificate of land use rights at district-level Land use right registration office includes:
(1) Application for registration and issuance of Certificate of land use rights, ownership of houses and other assets attached to land and published on the website of the Ministry of Natural Resources and Environment, Department of Registration and Land information data;
(2) One of the documents on land use rights (copy) as follows:
- Documents on land use rights before October 15, 1993 issued by competent authorities during the implementation of land policies of the State of the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic South Vietnam and the State of the Socialist Republic of Vietnam;
- Temporary land use rights certificate issued by a competent state agency or listed in the Land Registration Book or Cadastral Book before October 15, 1993;
- Legal documents on inheritance or donation of land use rights or assets attached to land; documents for handing over charity houses and charity houses attached to land;
- Documents transferring land use rights, buying and selling houses attached to residential land before October 15, 1993, certified by the Commune People's Committee as being used before October 15, 1993;
- Documents for liquidation and valuation of housing attached to residential land; documents for purchasing state-owned housing according to the provisions of law;
- Documents on land use rights issued by competent authorities under the old regime to land users;
- One of the documents prepared before October 15, 1993 has the name of the land user, including:
+ Land inventory books and land registration books made before December 18, 1980.
+ One of the documents created during the land registration process according to Directive No. 299-TTg dated November 10, 1980 of the Prime Minister on land measurement, classification and statistical registration. throughout the country managed by state agencies, with names of land users including:
++ Minutes of approval by the Commune-level Land Registration Council determining that the current land user is legal;
++ Summary of legal land use cases prepared by the Commune People's Committee or Commune Land Registration Council or district and provincial land management agencies;
++ Application for registration of land use rights in cases where there is no record of approval and Summary of cases of legal land use. In case in the application for registration of land use rights there is a difference between the time of application and the time of confirmation, the time of establishment of the application shall be calculated according to the earliest time recorded in the application.
++ Documents certifying the registration of land use rights issued by the People's Committee at the commune, district or provincial level to the land user;
++ Documents on housing registration declaration certified by the People's Committee at the commune, district or provincial level, including the land area with housing;
+ Project or list or document on immigration to build a new economic zone, immigration and resettlement approved by the District, Provincial People's Committee or competent state agency.
+ Documents from state-owned farms and forestry farms on land allocation to workers in farms and forestry farms 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 district or provincial People's Committee or the state management agency in charge of housing and construction.
+ Papers on temporary land allocation issued by the People's Committees of districts and provinces; Application for land use approved or accepted by the People's Committee at the commune level or agricultural cooperative before July 1, 1980 or approved and accepted by the People's Committee at the district or provincial level.
+ Documents from competent state agencies on land allocation to agencies and organizations to arrange land for officials and employees to build their own houses or build houses to allocate (grant) to officials and employees. employees with capital that is not part of the state budget or built by cadres and employees themselves. In case of building housing with state budget capital, that housing fund must be handed over to the local housing management agency for management and business according to the provisions of law.
- Copies of documents prepared before October 15, 1993 with the name of the land user mentioned at point g with confirmation from the district or provincial People's Committee or specialized management agency at the district or provincial level for In case the original of this document has been lost and the state agency no longer maintains records managing the issuance of that type of document.
- One of the documents on land use rights mentioned above that has another person's name written on it, accompanied by documents on the transfer of land use rights signed by the relevant 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, and decisions on dispute settlement. Disputes, complaints and denunciations about land by 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 plot, 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 plot. together with the Certificate of land use rights, showing the location and size of the area of the land plot that the user of the adjacent land parcel has limited use rights.
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