What are the procedures for registration of changes in land use rights in the case of converting separate property into marital property in Vietnam?
- What are the procedures for registration of changes in land use rights in the case of converting separate property into marital property in Vietnam?
- What is the application for registration of changes in land use rights in case of converting separate property into marital property in Vietnam?
- Which form is currently being applied to the registration form for changes in land and assets attached to land?
What are the procedures for registration of changes in land use rights in the case of converting separate property into marital property in Vietnam?
Pursuant to subsection 16, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 guiding the registration of changes in land use rights in the case of converting separate property into marital property as follows:
Follow the form directly at the provincial-level agency as follows:
+ Authority competent to decide: Land registration office or Branch of land registration office
+ Authority or person authorized or decentralized to perform (if any): No.
+ The agency directly implementing administrative procedures: Land registration office or Branch of land registration office.
+ Coordinating agency (if any): Commune-level People's Committee, tax agency, treasury.
Step 1: The land user submits the application at the Land Registration Office or the Branch of the Land Registration Office or the application-receiving agency according to the regulations of the People's Committee of the province or according to the needs of the localities where the People's Committee of the province has promulgated the regulation on receipt, rotation of dossiers, settlement and return of the results of processing 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 exercising the land user's rights to a part of the land parcel, the land user requests the Land Registration Office or the Branch of the Land Registration Office to measure the plot separation for the area in which the rights of the land user need to be exercised before submitting the application for the exercise of the rights of the land user.
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. .
Step 2: The application-receiving agency records all information in the application-receiving book and returns the results, hands over the application-receiving slip and returns 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 land registration office.
Step 3: The land registration office or the branch of the land registration office is responsible for checking the documents and conditions for carrying out the procedures and performing the following tasks:
- Notify the transferor of land use rights and post it up at the People's Committee of the commune of the completion of the procedures for granting the Certificate to the transferee in case the transferee only has the certificate of the transferor; send a written request for certification of households or individuals directly engaged in agricultural production to the commune-level People's Committees of the places where they have registered their permanent residence, and the commune-level People's Committees of the localities where the land is located for the case of receiving the transfer or donation of the rice land use right of households and individuals;
- Send cadastral information to tax authorities to determine and notify collection of financial obligations in case financial obligations must be fulfilled as prescribed;
- Confirm content changes in the issued Certificate.
In case a Certificate is required, the Certificate shall be issued to the land user.
- Edit and update changes in cadastral records and land databases.
- Handing over the certificate to the land user or sending it to the commune-level People's Committee for handing in case the dossier is submitted at the commune level.
In case the applicant for the Certificate has died before being granted the Certificate, the person inheriting the land use right in accordance with the law on inheritance shall submit additional papers on inheritance as prescribed. The land registration office or the branch of the land registration office shall certify the inheritance on the signed certificate or issue a certificate of land use rights and ownership of houses and other land-attached assets to the heir according to regulations of the Ministry of Natural Resources and Environment.
The heir has the responsibility to fulfill the financial obligations regarding the land use rights and land-attached assets in case the certificate holder dies.
- Confirm in the original of the papers that the Certificate has been issued according to regulations.
- Issuance of a Certificate in case the original land plot and the additional land area already have a Certificate.
Step 4: The certificate holder receives back the originals of the papers that have been certified for the issuance of the Certificate and the Certificate.
Carry out procedures by electronic means (online):
- The agency receiving and handling dossiers is responsible for implementing the administrative order and procedures on land according to the provisions of the law on land; 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 notifies the requester to carry out administrative procedures to submit the original of the issued Certificate and papers as prescribed after the land user fulfills the financial obligation.
- The return of results of administrative procedures shall be effected at the application-receiving agency or through the public postal service or at the required location for the case of receiving dossiers and returning results of settlement of procedures for registration of land and other land-attached assets.
What are the procedures for registration of changes in land use rights in the case of converting separate property into marital property in Vietnam? (Image from the Internet)
What is the application for registration of changes in land use rights in case of converting separate property into marital property in Vietnam?
Pursuant to subsection 16, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the application for registration of changes in land use rights in case of converting separate property into marital property includes:
(1) Application for registration of changes in land and properties attached to land.
For households and individuals that receive agricultural land use right transfer, the total area of land use right transfer must be shown at Point 4, Section I of Form No. 09/DK (Reason for change) as follows: … (write the form of land use right transfer) …m2 of land (write the area of land receiving the right transfer); the total area of agricultural land currently in use due to the transfer of the right and registered for the transfer of land use rights from July 1, 2007 to before July 1, 2014 is ... m2 and from July 1, 2014 to present is … m2 (specify the area receiving the right to be transferred according to each type of land, each province or city directly under the Central Government)”;
(2) Contracts and documents on the conversion, transfer, lease, sublease, inheritance or donation of land use rights, ownership of assets attached to land; capital contribution with land use rights and ownership of land-attached assets; transfer the land use right, ownership of property on land of the spouses into joint ownership of the husband and wife according to regulations.
In case the heir to land use rights or ownership of land-attached assets is the only person, an application for registration of inheritance of land use rights and ownership of land-attached assets of the heir must be submitted;
(3) The original of the issued Certificate;
(4) The written approval of the competent State agency for the economic organization receiving the transfer, capital contribution or lease of agricultural land use rights to implement the investment project;
(5) The land user's written consent for the owner of the property on land to be transferred, donated, leased or contributed as capital, in the case of transfer, donation, lease or contribute capital with assets attached to land where the owner of the property on land is not concurrently a land user;
(6) In case the applicant for the Certificate has died before being awarded the Certificate, the person who is entitled to inherit the land use right in accordance with the law on inheritance shall submit additional papers on inheritance as prescribed;
(7) The written consent of the members of the land-using household to transfer the land use right of the household, which has been notarized or authenticated according to the provisions of law;
(8) Written certification of direct agricultural production in case of receiving transfer or donation of the right to use rice land.
Which form is currently being applied to the registration form for changes in land and assets attached to land?
The application for registration of changes in land and land-attached assets is now applied according to Form No. 09/DK issued together with Circular No. 33/2017/TT-BTNMT, with the following form:
Download the registration form for changes in land and assets attached to land: Click here.
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