Procedure for Registering Limited Use Rights for Adjacent Parcels After the Initial Issuance of the Certificate: How is it Implemented?
Procedure for Registering Establishment of Limited Use Rights of Adjacent Parcels after Initial Certificate Issuance
Based on Subsection 5, Section 1, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023 guiding the procedure for registering the establishment of limited use rights of adjacent parcels after the initial issuance of land use right certificate:
- Direct Method:
- Land users submit applications to the Land Registration Office or its branches, or the reception agency specified by the provincial People's Committee or at desired locations where the provincial People's Committee has issued regulations on receiving, transferring documents, processing and returning results at the required location.
Families, individuals, and community groups can submit applications at the commune People's Committee if desired.
If the application is not complete or invalid, within a maximum of 03 days, the receiving agency must notify and guide the applicant to supplement and complete the application as required.
- The receiving agency records all information in the Application Reception and Results Book, issues the Application Reception and Results Receipt to the applicant.
If applications are submitted at the commune People's Committee, it must transfer the complete documents to the Land Registration Office within 03 working days from the day of receipt.
- The Land Registration Office or its branches checks, updates the cadastral records, the land database, and reflects on the Certificate if required.
- Electronic Environment Procedure:
- The receiving agency is responsible for handling administrative procedures related to land as prescribed by land law; if further verification or clarification is needed or due to other reasons results are not returned within the conformable time for resolving land administrative procedures, the agency must send a notification by document, or through the Public Service Portal, or via SMS to the requester, stating the reason clearly.
- Land users and property owners attached to the land are responsible for fulfilling financial obligations as prescribed by law directly or online through the payment function of the Public Service Portal.
- The receiving or processing agency notifies the requester to submit the original issued Certificate and other required documents after fulfilling financial obligations.
- The result of the administrative procedure is returned at the receiving agency, through public postal services, or at the requested location for receiving applications and resolving land registration and property procedures attached to land.
Procedure for Registering Establishment of Limited Use Rights of Adjacent Parcels after Initial Certificate Issuance (Image from the Internet)
What are the required documents for registering the limited use rights of adjacent parcels after the initial Certificate issuance?
Based on Subsection 5, Section 1, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023, the documents required for registering the limited use rights of adjacent parcels after the initial Certificate issuance include:
- Application for land and attached property change registration.- Original issued Certificate of one or related parties.- Contract, agreement, or court decision on the establishment, change, or termination of the limited use rights of adjacent parcels.- Diagram showing the location and dimensions of the land area for which the limited use rights are being established.- For land and attached property change registration procedures that involve changes in personal details, ID card number, Citizen ID number, or address on the issued certificate, the land user must also submit the following:
+ A copy of the new ID card, military ID, new Citizen ID, personal identification number, or other documents proving the change in personal details for those whose details on the Certificate differ.
If the national population database is shared and connected with sector data (including land sector), the receiving agency will use data from the national database without requiring the applicant to submit a copy of the new ID card, military ID, new Citizen ID, personal identification number, or other documents to prove personal details.
+ A document from the competent authority permitting or recognizing the change in legal entity information for organizations named on the Certificate.
How long until the Certificate establishing limited use rights of adjacent parcels is issued?
Based on Subsection 5, Section 1, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023, the time frame for issuing the Certificate establishing limited use rights of adjacent parcels is determined by the provincial People's Committee but must not exceed 10 days from the receipt of valid documents.
- This period does not include legal holidays, non-working days, the time for receiving applications at the commune, the time for fulfilling financial obligations by the land users, or the time for legal compliance checks if there are land use violations, or the time required for expert assessments.- For mountainous, island, remote, and socio-economically disadvantaged areas, the time frame is extended by 10 days.- The results of administrative procedure resolutions must be given to land users, or property owners attached to the land within 03 working days from the date of resolution.- For localities where the provincial People's Committee has issued regulations on receiving, transferring documents, processing and returning results according to the required time-frame, the procedure resolution time is as per the mutual agreement but not exceeding the time prescribed by the provincial People's Committee.
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