How is the competence to issue certificates of land use rights in Vietnam from May 20, 2023 according to Decree No. 10/2023?
- The Ministry of Natural Resources and Environment guides a number of issues to note about the implementation of issuance of certificates of land use rights under Decree No. 10/2023?
- How is the competence to issue certificates of land use rights in Vietnam from May 20, 2023 according to Decree No. 10/2023?
- Implementation guidance on determining particular land prices?
The Ministry of Natural Resources and Environment guides a number of issues to note about the implementation of issuance of certificates of land use rights under Decree No. 10/2023?
The Ministry of Natural Resources and Environment has just issued Official Dispatch No. 3382/BTNMT-DD in 2023 on the implementation of the provisions of the law on land, including the issuance of certificates of land use rights when implementing Decree No. 10/2023/ND-CP.
When issuing certificates of land use rights for construction works on non-agricultural land other than residential land and mixed-purpose apartment buildings built on residential land:
- In case the property is a construction work on non-agricultural land that is not residential land such as: hotels, tourist apartments, tourist villas, office apartments combined with accommodation, trade and services, etc. the Certificate shall be issued according to the provisions of Article 32 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 4, Article 1 of Decree No. 10/2023/ND-CP);
Order and procedures for issuance of Certificates shall comply with the provisions of Article 72 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 11 Article 1 of Decree No. 10/2023/ND-CP);
The land use purpose and land use term are determined according to the decision on land allocation, land lease or permission to change the land use purpose issued by the competent state agency in accordance with the provisions of the land law at the time of issuance of the decision.
The display of information on the form of use on page 2 of the Certificate: "separate use" as prescribed in Point a, Clause 5, Article 6 of Circular No. 23/2014/TT-BTNMT in case the investor has not transfer of works; write "joint use" as prescribed at Point b, Clause 5, Article 6 of Circular No. 23/2014/TT-BTNMT in case the investor has transferred each part of the work or work item.
- In case a mixed-purpose apartment building is built on residential land, in which part of the floor area of the apartment building is used as a hotel, tourist apartment, office apartment combined with accommodation, service trade, ... but the investor has transferred this area in accordance with the provisions of law, the grant of the Certificate shall comply with the provisions of Article 32 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 4, Article 1 of Decree No. 10/2023/ND-CP);
The order and procedures for issuance of Certificates shall comply with the provisions of Article 72 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 11 Article 1 of Decree No. 10/2023/ND-CP).
The presentation of information about the form of land use, land use purpose and land use term on page 2 of the Certificate is done as follows:
+ Regarding the form of use, write "joint use" as prescribed at Point b, Clause 5, Article 6 of Circular No. 23/2014/TT-BTNMT;
+ For land use purposes, write: "residential land in rural areas" or "residential land in urban areas" as prescribed at Point a, Clause 6, Article 6 of Circular No. 23/2014/TT-BTNMT;
+ Regarding the land use term, write: "long-term" as prescribed at point c, clause 7, Article 6 of Circular No. 23/2014/TT-BTNMT for buyers of the area used as hotels, tourist apartments , office apartments combined with accommodation, commercial services,...;
For the investor, write the land use term according to the decision on land allocation, land lease, permit change of land use purpose issued by a competent state agency in accordance with the provisions of the land law at the time of issuing the decision as prescribed at point a, clause 7, Article 6 of Circular No. 23/2014/TT-BTNMT.
How is the competence to issue certificates of land use rights in Vietnam from May 20, 2023 according to Decree No. 10/2023? (Image from the Internet)
How is the competence to issue certificates of land use rights in Vietnam from May 20, 2023 according to Decree No. 10/2023?
Pursuant to Article 37 of Decree No. 43/2014/ND-CP (amended by Clause 5, Article 1 of Decree No. 10/2023/ND-CP) on the competence to issue Certificates of land use right, ownership of house and land-attached property (red books) as follows:
Issuance of Certificates for the cases specified in Clause 4, Article 95 and Clause 3, Article 105 of the 2013 Land Law of Vietnam:
- For administrative subdivisions where Land Registration Offices have set up in accordance with clause 1 of Article 5 herein, Certificates or endorsement of changes in the existing Certificates may be granted, subject to the following regulations:
+ Land Registration Offices are authorized to deal with applications for Certificates or endorsement of changes in Certificates submitted by religious organizations and institutions; overseas Vietnamese executing investment projects; foreign entities and persons; foreign-invested enterprises;
+ Branches of Land Registration Offices or Land Registration Offices are authorized to deal with applications for Certificates or endorsement of changes in Certificates submitted by family households, individuals, residential community and overseas Vietnamese permitted to own houses attached to land use rights in Vietnam;
+ Land Registration Offices and Branches of Land Registration Offices are authorized to use their own seals affixed to grant Certificates or endorsement of changes in the existing Certificates.
- For administrative subdivisions where Land Registration Offices have not yet been set up as prescribed in clause 1 of Article 5 herein:
+ Provincial Departments of Natural Resources and Environment are authorized to deal with applications for Certificates or endorsement of changes in Certificates submitted by religious organizations and institutions; overseas Vietnamese executing investment projects; foreign entities and persons; foreign-invested enterprises.
+ District People’s Committees are authorized to deal with applications for Certificates or endorsement of changes in Certificates submitted by family households, individuals, residential community and overseas Vietnamese permitted to own houses attached to land use rights in Vietnam.
- If provincial People’s Committees mandate Departments of Natural Resources and Environment to grant the Certificates as specified in clause 1 of Article 105 in the Law on Land, the use of the seals of Departments of Natural Resources and Environment is permitted.
- Ministry of Natural Resources and Environment shall issue regulations on granting Certificates when registering changes in land or land-attached property, and the endorsement of changes in the existing Certificates.
Thus, Decree No. 10/2023/ND-CP has revised the previous regulations in the direction of convenience for the people, some previous procedures must be submitted to the Department of Natural Resources and Environment for implementation, from May 20, 2023 such procedures can be done at the Land Registry Office.
Implementation guidance on determining particular land prices?
To ensure the time for approval of a particular land price as prescribed in Clause 1, Article 2 of Decree No. 10/2023/ND-CP, the People's Committees of the provinces and centrally-run cities shall:
- Direct the implementation of the following tasks before a decision on land allocation, land lease or land use purpose change is issued:
+ The agency of natural resources and environment shall base itself on the application for assessment of land use demand, assess conditions for land allocation and land lease, and permit the change of land use purpose to make a specific land price estimate and carry out the selection of an organization with the function of consulting and determining land prices in accordance with the law on bidding.
+ Tax offices, land registry, land fund development centers and other relevant agencies provide information to the selected consultant to serve the quick and timely land pricing.
- The agency of natural resources and environment requires the consulting unit to compare the information file of the land area/land plot to be valued with the dossier, decide on land allocation, land lease, permission to change land use purpose to ensure the accuracy and consistency of information and data for land valuation, promptly issue land valuation certificates to serve the appraisal and decision on land prices.
- Directing the Land Price Appraisal Council, specialized agencies and land price determination consultancy units to urgently conduct land valuation after the decision on land allocation, land lease or change of land use purpose is issued; well implement the contents stated in Official Dispatch No. 1856/BTNMT-QHTPTTND dated March 22, 2023 of the Ministry of Natural Resources and Environment to strengthen and correct the state management of land prices.
- Direct the financial agency to arrange funds in a timely manner to pay the consulting unit for determining the land price upon completion of the consulting service contract.
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