04:40 | 09/08/2023

Vietnam: What is the application for registration of changes in land use rights for re-verification of the size of households' or individuals' residential land certified in writing at district level?

Vietnam: What is the application for registration of changes in land use rights for re-verification of the size of households' or individuals' residential land certified in writing at district level? - C.C.N (Hanoi, Vietnam)

Vietnam: What is the application for registration of changes in land use rights for re-verification of the size of households' or individuals' residential land certified in writing at district level?

Pursuant to subsection 4, Section B, Appendix issued with Decision 1085/QD-BTNMT in 2023, Application for registration of changes in land use rights for the case of re-verification of the size of household' or individuals' residential land certified in writing includes:

(1) Application for registration of changes in land and assets attached to land according to Form No. 09/DK and published on the website of the Ministry of Natural Resources and Environment of Vietnam, Department of Land Registration and Information Data ;

(2) The original of the issued Certificate.

- In case of carrying out procedures for registering changes in land and assets attached to land with changes in information about legal entities, ID card number, Citizen Identification card number, personal identification number Person and address on the issued Certificate, the land user shall submit the following additional documents:

+ Copy of new ID card or new military ID card or new citizen identification card or personal identification number or other documents proving change in identity in case of change in personal information of the person named on the Certificate;

In case national population data is shared and connected with data of industries and fields (including the land field), the agency receiving the dossier uses data from the database of residence without requiring the applicant to submit a copy of the ID card or military ID card or new citizen identification card or personal identification number or other documents to prove identity. .

Vietnam: What is the application for registration of changes in land use rights for re-verification of the size of households' or individuals' residential land certified in writing at district level? (Image from the Internet)

Vietnam: What are the procedures for registration of changes in land use rights for re-verification of the size of households' or individuals' residential land certified in writing at district level?

Pursuant to subsection 4, Section B of the Appendix issued together with Decision 1085/QD-BTNMT in 2023 as follows:

(1) Land users submit applications at the Land use right registration office under the Department of Natural Resources and Environment or the application receiving agency according to regulations of the People's Committee of provinces and centrally run cities.

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 over a portion of the land plot, the land user requests the Land use right registration office to conduct a separate measurement of the plot for the area where the land user's rights need to be exercised before proceeding. Submit documents to exercise land user rights.

In case of receiving an incomplete or invalid application, within a maximum of 03 days, the agency receiving and processing the application must notify and instruct the applicant to supplement and complete the application according to regulations. .

(2) The agency receiving the application records all information in the application receipt book and returns the results, gives the application receipt slip and returns the results to the applicant.

In case the application is submitted at 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 use right registration office.

(3) The land use right registration office is responsible for checking the application, if it is eligible to exercise the rights as prescribed, it will perform 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, in the case of transfer or receipt of land. donating rice land use rights to 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 the change content in the issued Certificate according to regulations of the Ministry of Natural Resources and Environment of Vietnam.

In case a Certificate is required, a dossier shall be made and submitted to a competent agency for granting a Certificate to the land user.

- Correct and update changes in cadastral records and land database.

- Hand 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 use right registration office certifies the inheritance on the signed Certificate or makes a dossier to submit to the competent agency for granting the Certificate of land use rights, ownership of houses and other land-attached assets to the person who is not eligible for registration. inherited according to regulations of the Ministry of Natural Resources and Environment of Vietnam.

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 on the original documents that the Certificate has been issued according to regulations.

(4) The certificate holder receives back the originals of the papers that have been certified for the issuance of the Certificate and the Certificate.

Vietnam: Which district agency has the right to register changes in land use rights for re-verification of the size of households' or individuals' residential land certified in writing at district level?

Pursuant to subsection 4, Section B of the Appendix issued together with Decision 1085/QD-BTNMT in 2023 as follows:

- Competent authority decides:

+ District People's Committee in case of new Certificate issuance.

+ Land use right registration office at district level in case of confirmation of changes on the Certificate.

- Agency directly implementing administrative procedures: Land use right registration office at district level.

- Coordinating agency (if any): Commune People's Committee, tax agency, treasury.

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