Vietnam: How to register land change at provincial level in case of changing from land lease with annual payment to one-time payment for the whole lease period?
- How to register land change directly in case of changing from land lease with annual payment to one-time payment for the whole lease period?
- What is included in the land change registration dossier for the case of changing from the form of land lease with annual payment to one-time payment of land lease for the whole lease period?
- In which agency do I carry out the procedures for registration of land changes directly in case of changing from the form of land lease with annual payment to one-time payment of land lease for the whole lease period?
How to register land change directly in case of changing from land lease with annual payment to one-time payment for the whole lease period?
Pursuant to subsection 19, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 regulating the registration of land changes in the case of changing from land lease with annual payment to one-time payment for the whole lease period as follows:
(1) The land user submits the application at the Land registration office in Vietnam or the Branch of the Land registration office in Vietnam or the application-receiving agency as prescribed by the provincial-level People’s Committee or at locations according to demand, for localities where the provincial-level 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 according to regulations.
(2) The application-receiving agency shall record all information in the application-receiving book and return the results, hand over the application-receiving slip and return the results to the applicant.
If the application is submitted to the People's Committee of the commune, within 03 working days from the date of receipt of the complete dossier, the People's Committee of the commune must transfer the dossier to the Land registration office in Vietnam.
(3) The land registration office in Vietnam, the branch of the land registration office in Vietnam are responsible for checking the dossiers, and if they are eligible to exercise their rights as prescribed, they shall perform the following tasks:
- Extract the cadastral measurement of the land plot, in case there is a change in the area of the land parcel, the assets attached to the land, or in the case where the Certificate has been issued but there is no cadastral map or the cadastral measurement of the land plot has not been extracted;
- Submit to competent authorities for decision on change of land use form according to regulations.
- Send cadastral information to tax authorities to determine and notify the collection of financial obligations in case of having to pay land use levy or land rent in accordance with law;
- Confirm changes to the issued Certificate or make a dossier to submit to the competent authority for issuance of the Certificate in case the Certificate must be re-issued according to regulations; notify the land user to sign or re-sign the land lease agreement with the natural resources and environment agency in case the land must be leased;
- Edit and update changes in cadastral records and land databases.
(4) The land registration office in Vietnam shall hand over the certificate to the grantee or send it to the commune-level People's Committee for handing over in case the application is submitted at the commune level.
Vietnam: How to register land change at provincial level in case of changing from land lease with annual payment to one-time payment for the whole lease period? (Image from the Internet)
What is included in the land change registration dossier for the case of changing from the form of land lease with annual payment to one-time payment of land lease for the whole lease period?
Pursuant to subsection 19, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023 stipulating the application for registration of land changes in the case of changing from the form of land lease with annual payment to one-time payment of land lease for the whole lease period, including:
(1) An application for registration of changes in land and properties attached to land;
(2) The original of the issued Certificate; In case the land user carries out administrative procedures for registration and issuance of Certificates in the electronic environment, the receiving agency or the dossier-settling agency shall notify the applicant to submit the original of the issued Certificate and papers as prescribed after the land user fulfills the financial obligation.
(3) The land lease agreement has been made;
(4) Documents to fulfill financial obligations; papers related to the exemption or reduction of financial obligations on land and land-attached assets (if any).
- For the case of carrying out the procedures for registration of changes in land, assets attached to land, but there is a change in information about the legal entity, number of ID card/citizen identity card/personal identification number, passport, address on the issued Certificate, the land user shall submit the following additional documents:
+ Copy of ID card/citizen identity card/personal identification number, passport, military ID card, other papers proving identity change in case of change of personal information of the holder name on the Certificate;
In case the national data on population is shared and connected with data of sectors and fields (including the land sector the application-receiving agency uses data from the national population database without requiring the applicant to submit a copy of the ID card/citizen identification card/personal identification number, passport or other document to prove their identity.
+ A document of a competent authority permitting or recognizing the change of legal entity information in case of change of information on the legal entity of the organization stated on the Certificate.
In which agency do I carry out the procedures for registration of land changes directly in case of changing from the form of land lease with annual payment to one-time payment of land lease for the whole lease period?
Pursuant to subsection 19, Section 1, Appendix 2 issued together with Decision No. 1085/QD-BTNMT in 2023, the procedures for registration of land changes in the case of changing from the form of land lease with annual payment to one-time payment of land lease for the whole lease period are carried out at:
- Agencies competent to decide:
+ Provincial-level People's Committees, in case the subjects performing administrative procedures are organizations, overseas Vietnamese, foreign-invested enterprises implementing investment projects, foreign organizations; outside of diplomatic functions.
+ District-level People's Committees, in case the subjects carrying out administrative procedures are households, individuals and overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam.
- The agency directly implementing administrative procedures: Land registration office in Vietnam or branch of land registration office in Vietnam.
- Coordinating agency (if any): Commune People's Committee, state management agency in charge of housing, construction, agriculture, tax, treasury, Department of Natural Resources and Environment, Division of Natural Resources and Environment.
LawNet