What are the procedures for correction of issued certificates of land use rights directly at the land registry in Vietnam?
- What are the procedures for correction of issued certificates of land use rights directly at the land registry in Vietnam?
- Which agency is competent to carry out the procedures for correction of issued certificates of land use rights in Vietnam?
- When to issue the Certificate of correction of the Certificate of land use rights in Vietnam?
What are the procedures for correction of issued certificates of land use rights directly at the land registry in Vietnam?
Pursuant to subsection 8 Section 1 Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the procedures for correction of issued certificates of land use rights for cases where a land registry has been established are carried out as follows:
- Land users and owners of property on land shall submit dossiers to the Land registry or the Land registry's branch or the dossier-receiving agency according to regulations of the People's Committee of the province or location according to demand for localities where the People's Committee of the province has promulgated regulations on receiving, circulating dossiers, processing and returning results of settlement procedures according to location needs.
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 the land registry or the branch of the land registry detect errors in the issued Certificate, Certificate of House Ownership, Certificate of Ownership of Construction Works, it notify the land user and request the land user and owner of property on land to submit the issued Certificate for correction.
- The land registry or the branch of the land registry is responsible for checking; make a record of conclusions on the contents and causes of errors; make a dossier and submit it to the competent authority for correction in the issued Certificate with errors; at the same time correcting incorrect contents in cadastral records and land databases.
In case of correction, but the certificate holder requests to change to the Certificate of land use rights, ownership of houses and other land-attached assets, the land registry or branch office land registration shall issue certificates of land use rights and ownership of houses and other land-attached assets.
- The land registry or the branch of the land registry handing over the certificate to the land user or owner of assets attached to the land.
What are the procedures for correction of issued certificates of land use rights directly at the land registry in Vietnam? (Image from the Internet)
Which agency is competent to carry out the procedures for correction of issued certificates of land use rights in Vietnam?
Pursuant to subsection 8 Section 1 Appendix 2 promulgated together with Decision No. 1085/QD-BTNMT in 2023, the agency competent to carry out procedures for correction of issued certificates of land use rights in Vietnam includes:
- Agency competent to decide:
+ Provincial-level People's Committees, in case the land user or owner of land-attached assets is an organization or religious establishment; overseas Vietnamese, foreign-invested enterprises implementing investment projects; Foreign organizations with diplomatic functions are granted the Certificate for the first time.
+ District-level People's Committees in case land users, owners of land-attached assets being households, individuals, residential communities, overseas Vietnamese are entitled to own houses Residential property associated with residential land use rights in Vietnam is granted the Certificate for the first time.
+ Department of Natural Resources and Environment for cases of registration of changes in land use rights and ownership of land-attached assets.
+ Land registry or branch of land registry for corrections made by land registry or branch of land registry.
- Agency or person authorized or decentralized to perform (if any):
Department of Natural Resources and Environment (in the case of land users, owners of land-attached assets being organizations or religious establishments; overseas Vietnamese, foreign-invested enterprises) outside the implementation of investment projects; foreign organizations with diplomatic functions).
- The agency directly implementing administrative procedures: Provincial People's Committee or District People's Committee or Department of Natural Resources and Environment or Land registry or Branch of Land registry.
When to issue the Certificate of correction of the Certificate of land use rights in Vietnam?
Pursuant to subsection 8 Section 1 Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the time for processing and granting the Certificate of Correction of the Certificate of land use rights shall be determined by the People's Committee of the province, but shall not exceed 10 days from the date of receipt of a valid dossier.
- This time does not include holidays and public 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 and remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time is increased. 10 days.
- Results of settlement of administrative procedures must be returned to land users and owners of property on land within 03 working days from the date of receipt of settlement results.
- For localities where the provincial-level People's Committee has issued regulations on receipt, rotation of dossiers, settlement and return of results of procedure settlement according to time needs, the time for processing procedures shall be shall comply with the agreement between the person in need and the Land registry or Branch of the Land registry, but within the time limit for carrying out the procedures prescribed by the People's Committee of the province.
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