What are the regulations on the procedures for land registration for the first time in case the State of Vietnam allocates land for management?
- What are the regulations on the procedures for land registration for the first time in case the State of Vietnam allocates land for management?
- What is the time limit for processing land registration for the first time in case the State of Vietnam allocates land for management?
- What is included in the application for first-time land registration in the case of land allocation by the State of Vietnam for management?
- In what cases does the State of Vietnam allocate land without land use levy?
What are the regulations on the procedures for land registration for the first time in case the State of Vietnam allocates land for management?
Pursuant to subsection 2, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 as follows:
Direct form:
- The person assigned by the State of Vietnam to manage the land shall submit the dossier at the Land Registration Office or the dossier-receiving agency according to regulations of the People's Committee of the province or centrally run city.
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.
- The dossier-receiving agency shall record all information in the dossier-receiving book and return the results, hand over the dossier-receiving slip and return the results to the applicant.
- The land registration office performs the following tasks:
Check the condition of the land.
+ Update land plot information, register in cadastral records, land database (if any).
Carry out the procedures by electronic devices:
- 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 are responsible for fulfilling their financial obligations as prescribed by law in person or online through the payment function of the Public Service Portal.
- 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 the results of settlement of procedures for registration of land and other land-attached assets.
What are the regulations on the procedures for land registration for the first time in case the State of Vietnam allocates land for management? (Image from the Internet)
What is the time limit for processing land registration for the first time in case the State of Vietnam allocates land for management?
Pursuant to subsection 2, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 as follows:
The time to settle the first-time land registration procedures for the case of land allocation by the State of Vietnam for management will be regulated by the People's Committee of the province, but not exceeding 15 days from the date of receipt of a valid dossier. 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.
What is included in the application for first-time land registration in the case of land allocation by the State of Vietnam for management?
Pursuant to subsection 2, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 as follows:
+ An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/DK issued together with Circular No. 24/2014/TT-BTNMT.
+ A document of a competent State of Vietnam agency on the allocation of land for management (if any);
+ Diagram or cadastral measurement of the land plot or land area assigned to manage (if any).
In what cases does the State of Vietnam allocate land without land use levy?
Pursuant to Article 54 of the 2013 Land Law of Vietnam stipulating as follows:
Land allocation without land use levy
The State shall allocate land without land use levy in the following cases:
1. Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of this Law;
2. Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for non¬commercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of this Law;
3. Public non-business organizations that are not self-financed and use land for office construction.
4. Organizations that use land for construction of resettlement houses under the State’s projects.
5. Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of this Law.
Thus, the State of Vietnam allocates land without land use levy in the above cases.
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