Vietnam: What forms is the application for registration of security measures for land use rights?
- In what forms to apply for registration of security measures for land use rights in Vietnam?
- What is the time limit for settling a dossier of registration of security measures for land use rights in Vietnam?
- What time is not included in the time limit for settling the application for registration of security measures for land use rights in Vietnam?
In what forms to apply for registration of security measures for land use rights in Vietnam?
Pursuant to Article 13 of Decree 99/2022/ND-CP stipulating as follows:
How to apply
1. An application shall be submitted in one of the following ways:
a) Through the online registration system;
b) Submit paper copies directly or send them via postal services;
c) By email.
2. The method of submission of registration dossiers specified at Points a and c, Clause 1 of this Article for land use rights, assets attached to land, rights to use marine areas, assets attached to variable areas or for aircraft or ships shall comply with the provisions of the law on land, on the exploitation and use of marine loads, aviation or maritime law.
3. The method of submission of registration dossiers specified at Point c, Clause 1 of this Article shall be exchanged for registration cases specified in Article 44 of this Decree shall be applied to persons who have been granted an online registration account.
According to the above provisions, the dossier of registration of security measures for land use rights can be directly at the registration office or through the postal system, online registration system, email.
For the submission of dossiers for registration of measures to ensure land use rights through the online registration system or via email, they must comply with land regulations.
Vietnam: What forms is the application for registration of security measures for land use rights?
What is the time limit for settling a dossier of registration of security measures for land use rights in Vietnam?
Pursuant to Article 16 of Decree 99/2022/ND-CP stipulating as follows:
Time limit for processing application documents
1. The registration agency shall process the registration dossier within the working day of receiving a valid dossier; if the application is received after 15 hours on the same day, the registration can be completed within the next working day. In case the registration agency has a good reason to extend the time for processing the registration dossier, the time limit for processing the application shall not exceed 03 working days from the date of receipt of a valid dossier. In this case, the registrar must give a clearly stated notice to the person requesting registration in paper or electronic documents (hereinafter referred to as electronic copies) or in other forms favorable to the person requesting registration and in accordance with the conditions of the registration authority as soon as there is a good reason.
2. In case the registration dossier for land use rights and assets attached to land is submitted through the Department of Receiving and Returning results of settling administrative procedures, the Provincial Public Administration Service Center (hereinafter referred to as the One-Stop Department), the Commune People's Committee, wards and towns (hereinafter referred to as commune-level People's Committees), the time limit for processing dossiers shall be refined from the time the Land Registration Office receives a valid registration dossier.
3. Time not included in the time limit specified in Clause 1 of this Article includes:
a) The time of occurrence of natural disasters, epidemics, fires, incidents of the online registration system, failure of the electricity network, internet network or other force majeure events according to documents or decisions of competent agencies, resulting in the registration agency unable to carry out the registration according to the procedures and time limit specified in this Decree. In this case, the registration agency must notify on the working day of the event or on the working day of receiving the documents and decisions of the competent agency in the form of listing at the head office of the registration agency and posting on the website of the state management agency, of the registry (if any) or other form favorable to the person requesting registration and in accordance with the conditions of the registry:
b) The time for the registration agency to carry out the procedures specified in Clause 2, Article 35 of this Decree.
In case the application for registration of security measures for land use rights is valid, the registration agency must process the dossier on the same working day of the date of submission of the application. If the application is submitted after 15 hours, it must be processed on the next working day.
What time is not included in the time limit for settling the application for registration of security measures for land use rights in Vietnam?
Pursuant to Clause 3, Article 16 of Decree 99/2022/ND-CP stipulating the periods not included in the time limit for settling registration dossiers of security measures for land use rights as follows:
- The time of occurrence of natural disasters, epidemics, fires, incidents of online registration systems, failure of electricity networks, internet networks or other force majeure events according to documents or decisions of competent agencies, resulting in the registration agency being unable to carry out the registration according to the procedures and deadlines specified in this Decree. In this case, the registration agency must notify on the working day of the event or on the working day of receiving the documents and decisions of the competent agency in the form of listing at the head office of the registration agency and posting on the website of the state management agency, of the registry (if any) or other forms favorable to the person requesting registration and in accordance with the conditions of the registry:
- The time for the registration agency to carry out the procedures specified in Clause 2, Article 35 of Decree 99/2022/ND-CP.
Decree 99/2022/ND-CP will take effect from January 15, 2023.
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