Instructions on deregistration for lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land in Vietnam?
- Procedures for deregistration for lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land in Vietnam?
- What is the dossier to carry out procedures for deregistration for lease, sub-lease, capital contribution with land use rights and ownership of assets attached to land in Vietnam?
- How long will it take to process the procedures for deregistration of lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land in Vietnam?
Procedures for deregistration for lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land in Vietnam?
Pursuant to subsection 3, Section I, Appendix 2 promulgated together with Decision No. 1058/QD-BTNMT in 2023, stipulating the procedures for deregistration for lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land as follows:
Direct form:
- One of the parties or parties signs a lease, sublease, capital contribution contract of land use rights, ownership of property on land, and submits a dossier at the Land Registration Office or the Branch of Land Registration Office or dossier-receiving agency as prescribed by the provincial-level People's Committee or the location according to demand for localities where the provincial-level People's Committee has issued regulations on receipt and rotation of dossiers, resolve and return the results of settlement procedures according to the needs of the location.
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 dossier-receiving agency shall record all information in the dossier-receiving book and return the results, hand over the dossier-receiving slip and return the results to the applicant.
If the dossier is submitted at the commune-level People's Committee, within 03 working days from the date of receipt of the complete dossier, the commune-level People's Committee must transfer the dossier to the land registration office or branch of land registration office.
- The land registration office or the branch of the land registration office is responsible for examining the dossier and, if it is in accordance with the provisions of law, shall perform the following tasks:
+ Confirm the cancellation of lease, sub-lease, cancellation of capital contribution in the Certificate and give it to the lessor, sub-lessor and capital contributor. In case of lease or sub-lease of land in an industrial park and in case of capital contribution of land use rights, which has been granted a Certificate to the lessee, sub-lessee or recipient of capital contribution, the issued Certificate shall be revoked; The capital contribution recipient shall be re-granted a certificate of land use rights and ownership of houses and other land-attached assets.
In case the expiration of the land use term coincides with the time of cancellation of lease, sub-lease of land, or cancellation of capital contribution with land use rights, if the land user has no need to continue using the land or is not authorized by the competent authority to continue using the land. If the State has the authority to extend the land use term, the issued Certificate shall be revoked.
+ Deregistration for lease, sub-lease, deletion of capital contribution in cadastral records, land database.
+ Give the certificate to the registrant or send it to the commune-level People's Committee for handing in case the application is submitted at the commune level.
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 receiving agency or the dossier-settling agency shall notify the requester to carry out administrative procedures to submit the original of the issued Certificate and the prescribed papers after the land user fulfills financial obligations.
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.
Instructions on deregistration for lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land in Vietnam? (Image from the Internet)
What is the dossier to carry out procedures for deregistration for lease, sub-lease, capital contribution with land use rights and ownership of assets attached to land in Vietnam?
Pursuant to subsection 3, Section I, Appendix 2 promulgated together with Decision No. 1058/QD-BTNMT in 2023 stipulating the application for deregistration for lease, sub-lease, capital contribution with land use rights, rights owning assets attached to land as follows:
- In case of deregistration for lease, sub-lease or capital contribution with land use rights or ownership of land-attached assets,
+ Written liquidation of contract for lease, sub-lease, capital contribution with land use rights or assets attached to land or contract for lease, sub-lease or capital contribution with land use rights and attached assets with land certified to have been liquidated.
+ The original of the issued Certificate for the case of leasing or subleasing land use rights of the investor in infrastructure construction in industrial parks, industrial clusters, export processing zones, hi-tech parks, and economic zones and in the case of capital contribution with land use rights and ownership of land-attached assets.
- For the case of carrying out the procedures for registration of changes in land or property on land, but there is a change in information about the legal entity, the number of the people's identity card, the number of the citizen's identity card, the address on the certificate If the certificate has been granted, the land user shall submit the following additional documents:
+ A copy of the new people's identity card or new military ID card or a copy of the new citizen's identity card or personal identification number or other document proving the change of identity in case of change of personal information; the body of the person named on the Certificate;
In case the national data on population is shared and connected with data of sectors and fields (including the land sector), the application-receiving agency uses data from the national population database without requiring the applicant to submit a copy of the national ID card or military ID card or a copy of new citizen ID card, or other document to prove their identity.
+ A document of a competent authority permitting or recognizing the change of legal entity information in case of change of information on the legal entity of the organization stated on the Certificate.
How long will it take to process the procedures for deregistration of lease, sub-lease, capital contribution with land use rights, ownership of assets attached to land in Vietnam?
Pursuant to subsection 3, Section I, Appendix 2 promulgated together with Decision No. 1058/QD-BTNMT in 2023, the settlement time will be prescribed by the People's Committee of the province but not exceeding 03 days for the case of de registration of capital contribution with land use rights or ownership of assets attached to land; no more than 03 days in case of deregistration for lease or sub-lease of land use rights.
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 day.
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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