Latest guidance on procedures for registration of land changes for the case of land parcel reduction due to natural landslides in Vietnam in 2023?
- Latest procedures for registration of direct land changes for the case of land parcel reduction due to natural landslides in Vietnam in 2023?
- Latest procedures for online registration of land changes for the case of land parcel reduction due to natural landslides in Vietnam in 2023?
- Application for registration of land change in case of reduction of land plot area due to natural landslides in Vietnam?
Latest procedures for registration of direct land changes for the case of land parcel reduction due to natural landslides in Vietnam in 2023?
Pursuant to subsection 4, Section 1, Appendix 2 promulgated together with Decision No. 1085/QD-BTNMT in 2023, guiding the procedures for registration of direct land changes in case of reduction of land plot area due to natural landslides are as follows:
- Land users submit dossiers at the land registration office or branch of the land registration office or the dossier-receiving agency as prescribed by the provincial-level People's Committee or locations according to demand, for localities where the provincial People's Committee has issued regulations on receiving, circulating dossiers, processing 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 receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and handling agencies must notify and guide the dossier-submitters to supplement and complete the dossiers according to regulations.
+ In case the land user wishes to change the land use purpose in combination with the registration of changes in the contents of this procedure, this procedure shall be carried out concurrently with the procedure for changing the land use purpose.
- 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 the 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 eligible to exercise the rights as prescribed, it shall perform the following tasks:
+ Extract the cadastral measurement of the land plot, in case there is a change in the area of the land plot or the assets attached to the land, or in the case where the Certificate has been issued but there is no cadastral map or the cadastral measurement of the land plot has not been extracted;
+ In case of registration of change of construction area, usable area, height, structure, grade (class) of a house or construction work that is not in accordance with the construction permit or does not have a construction permit for in case of having to apply for permission, send a written opinion form to the construction permitting and management agency in accordance with the law on construction;
+ Send cadastral information to the tax authority to determine and notify the collection of financial obligations in case of having to pay land use levy or land rent as prescribed by law;
+ Confirmation of changes to the granted Certificate or the issuance of the Certificate of land use rights and ownership of houses and other land-attached assets, in case the Certificate must be re-issued according to regulations of the Ministry of Finance. Resources and Environment; notify the land user to sign or re-sign the land lease contract with the natural resources and environment agency in case the land must be leased;
+ Edit and update changes in cadastral records and land databases.
- The land registration office or the branch of the land registration office shall hand over the certificate to the grantee or send it to the commune-level People's Committee for handing in case the application is submitted at the commune level.
Latest guidance on procedures for registration of land changes for the case of land parcel reduction due to natural landslides in Vietnam in 2023?
Latest procedures for online registration of land changes for the case of land parcel reduction due to natural landslides in Vietnam in 2023?
Pursuant to subsection 4, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, guiding the procedure for online registration of land changes in case of reduction of land plot area due to natural landslide as follows:
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 his 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 administrative procedures for registration of land and other land-attached assets.
Application for registration of land change in case of reduction of land plot area due to natural landslides in Vietnam?
Pursuant to subsection 4, Section 1, Appendix 2 promulgated together with Decision No. 1085/QD-BTNMT in 2023, the application for registration of land changes in case of reduction of land plot area due to natural landslide includes:
(1) In case of registration of changes in land use, land-attached assets are renamed by land users or owners of land-attached assets; reducing the area of the land plot due to natural landslides; changes in land use rights restrictions; changes in financial obligations; Changes in land-attached assets compared to those registered and issued with the Certificate include:
- An application for registration of changes in land and properties attached to land;
- The original of the issued Certificate;
- One of the papers related to the content of change:
+ A written recognition from a competent state agency as prescribed by law in case the individual or the representative of the household changes his/her full name;
+ A written agreement of the household certified by the commune-level People's Committee, in case the representative is a member of the household but not the head of the household; in case the representative of the household is changed to be the head of the household, the procedure-settling agency shall be responsible for exploiting and using information in the national population database.
+ The written agreement of the residential community certified by the commune-level People's Committee in case the residential community changes its name;
+ A written certification of the commune-level People's Committee of the natural landslide situation in case the area of land plots and properties attached to land is reduced due to natural landslides;
+ Documents on payment of financial obligations in case the issued Certificate has a debit or a late payment of financial obligations, unless the land user is exempted or not required to pay due to changes in regulations of the laws;
+ A decision of a competent state agency on the change of restrictions on land use rights and ownership of land-attached assets stated on the Certificate, for cases where there are restrictions according to the land allocation decision; land lease, recognition of land use rights; if there is a limited change in the land use right transfer document, there must be a written approval of the restriction change from the person with related interests, certified by the commune-level People's Committee;
+ A copy of one of the papers specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP showing the changed content in case of change of information on assets attached to land stated on the Certificate.
+ 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 information about identity 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 receiving agency shall use data from the national population database that does not require applicants to submit a copy of their Identity Card or Military ID or a copy of a new citizen identification or personal identification number or other document to prove their identity.
++ 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.
(2) In case of confirmation of change of information about a legal entity, the number of the ID card, the number of the citizen identity card, the address on the issued Certificate according to the needs of the land user or property owner, assets attached to land, including:
- An application for registration of changes in land and properties attached to land;
- The original of the issued Certificate;
- A copy of the new ID card or new military ID card or a copy of the new citizen identity card or personal identification number or other papers evidencing change of identity in case of change of personal information 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 ID Card or Military ID or a copy of a new citizen ID card or personal identification number 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.
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