Issues Regarding the Issuance of Land Use Rights Certificates Under the New Regulations That Citizens Need to Note? 04 Noteworthy Contents of Decree 10/2023/ND-CP?
Addition of New Regulations on Online Issuance of Land Use Certificates?
Pursuant to Clause 7 Article 1 Decree 10/2023/ND-CP, which provides clearer guidance on the issuance of Land Use Certificates online (through the Public Service Portal), specifically:
In the case of not returning the dossier results on time, the receiving and processing agency must clearly state the reasons for this delay and notify the citizen through the following methods:
+ In writing;
+ Via the public service portal;
+ Via SMS;
Particularly, citizens can pay land tax, land levy, and registration fees either directly or online through the payment functionality of the public service portal.
After fulfilling financial obligations, the receiving or processing agency will notify the citizen to submit the original certificate, and other required documents as stipulated.
The results are returned at the dossier-receiving agency, or through the postal service, or at a location as requested.
Thus, citizens can carry out the procedures for obtaining a Land Use Certificate online and receive the documents by post without having to go in person.
Issues related to the issuance of Land Use Certificates under new regulations that citizens need to note? 04 notable contents of Decree 10/2023/ND-CP? (Image from the internet)
New Decree Revises Authority on Issuing Land Use Certificates?
Pursuant to Clause 5 Article 1 Decree 10/2023/ND-CP (amending and supplementing Article 37 Decree 43/2014/ND-CP), concerning the authority to issue Land Use Certificates in cases specified in Clause 4, Article 95; Clause 3, Article 105 of the Land Law, as follows:
For localities that have established Land Registration Offices, the issuance of Certificates of Land Use Rights and the confirmation of changes in the issued Certificates are carried out by the following agencies:
- Land Registration Office: For organizations, religious establishments; Vietnamese residing overseas implementing investment projects; foreign organizations and individuals; enterprises with foreign investment capital;
- Branch of the Land Registration Office or the Land Registration Office: For households, individuals, communities, Vietnamese residing overseas owning houses associated with residential land use rights in Vietnam.
The Land Registration Office and its branches are authorized to use their seals to issue Certificates of Land Use Rights and to confirm changes in issued Certificates.
Thus, compared to the previous regulations at Clause 1 Article 37 Decree 43/2014/ND-CP, the new regulations have amended the authority to issue Land Use Certificates and to confirm changes in these Certificates, making it more convenient for citizens to perform these administrative procedures (they can be conducted at the Land Registration Office without having to go to the Department of Natural Resources and Environment).
Issuance of Land Use Certificates for Condotel Apartments?
Pursuant to Clause 4 Article 1 Decree 10/2023/ND-CP, supplementing cases where ownership rights of construction works that are not houses can be certified under Article 32 Decree 43/2014/ND-CP.
To be specific:, construction works used for tourism accommodation on commercial land, if meeting the conditions of land law, construction law, and real estate business law, can have their ownership rights certified for construction works attached to the land according to the land use purpose of commercial land.
The certification of ownership rights for construction works as specified in this clause is conducted according to the regulations in Clauses 1, 2, 3, and 4 of Article 32 Decree 43/2014/ND-CP.
The information on the land parcel in the Certificate of Land Use Rights must correctly reflect the purpose and duration of land use as stipulated by law.
Supplementing Documents for Issuance of Land Use Certificates for Construction Works?
According to Point b Clause 11 Article 1 Decree 10/2023/ND-CP, for real estate business projects which are not housing development projects, after the completion of the construction, the investor must submit the following documents to the Department of Natural Resources and Environment:
- The Certificate; documents proving the fulfillment of financial obligations by the project owner.
In case of changes in financial obligations, documents proving the completion of financial obligations for such changes must be submitted (except for cases of exemption or deferred payment as prescribed by law);
- Ground design drawings that match the actual construction status and the signed contract;
- Notification from a specialized construction agency allowing the investor to accept the construction items, or approving the acceptance of the completed construction items for use;
- List of assets.
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