What are the procedures for transferring investment capital which is the value of land use rights according to the latest guidance of Ministry of Natural Resources and Environment of Vietnam?
- What are the procedures for transferring investment capital which is the value of land use rights according to the latest guidance of Ministry of Natural Resources and Environment of Vietnam?
- What is the application for transfer of investment capital which is the value of land use rights in Vietnam?
- What is the time limit for processing the transfer of investment capital which is the value of land use rights in Vietnam?
- At which agency do procedures for transferring investment capital which is the value of land use rights?
What are the procedures for transferring investment capital which is the value of land use rights according to the latest guidance of Ministry of Natural Resources and Environment of Vietnam?
Pursuant to subsection 22, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, guiding the procedure for transferring investment capital which is the value of land use rights as follows:
Step 1: The land user submits the application to the Land Registration Office or the Branch of the Land Registration Office or the application-receiving agency in accordance with the regulations of the People's Committee of the province 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 processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers in accordance with regulations.
In case of transferring the value of land use rights to a part of the land plot, the land registration office is requested to measure and separate the parcel of land for the area where the rights of the land user need to be exercised before submitting the dossier.
Step 2: The land registration office, the branch of the land registration office are responsible for checking the dossier, if eligible to perform the land use right value transfer as prescribed, perform the following tasks:
- Send cadastral information to tax authorities to determine financial obligations in case financial obligations must be fulfilled;
- Confirm the content of changes in the issued Certificate according to regulations.
In case the Certificate of land use rights and ownership of houses and other land-attached assets must be granted, a dossier shall be made and submitted to the competent authority for granting the Certificate to the land user;
- Correction and update of changes in cadastral records and land databases; grant the certificate to the land user.
What are the procedures for transferring investment capital which is the value of land use rights according to the latest guidance of Ministry of Natural Resources and Environment of Vietnam? (Image from the Internet)
What is the application for transfer of investment capital which is the value of land use rights in Vietnam?
Pursuant to subsection 22, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the application for transfer of investment capital which is the value of land use rights includes:
- Documents on transfer of investment capital which is the value of land use rights as prescribed by law;
- Extract from the cadastral measurement of the land plot in case of transfer of the land use right value of a part of the land parcel;
- The original of the issued Certificate.
What is the time limit for processing the transfer of investment capital which is the value of land use rights in Vietnam?
Pursuant to subsection 22, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the time limit for processing investment capital transfer procedures which is the value of land use rights will be prescribed by the People's Committee of the province but not more than 10 days from the date of receipt of valid dossiers.
Note, 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 People's Committee has promulgated regulations on receiving, circulating dossiers, handling and returning results of procedure settlement according to time needs, the time for processing the procedures shall comply with the agreement between the person in need and the Land Registration Office or Branch of the Land Registration Office, but shall not exceed the time for carrying out procedures prescribed by the People's Committee of the province
At which agency do procedures for transferring investment capital which is the value of land use rights?
According to the instructions in subsection 22 Section 1 Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the procedures for transferring investment capital is the value of land use rights at the Land Registration Office or Branch of Land Registration Office.
In addition, the agency competent to decide includes:
+ Department of Natural Resources and Environment in case of new issuance of Certificate.
+ Land registration office in case of confirmation of changes on the Certificate.
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