Vietnam: Why should land users apply for issuing land use right certificates in 2023? What are the online procedures for issuing a land use right certificate?
Why should land users in Vietnam apply for issuing land use right certificates in 2023?
Based on the change between the Land Law and the Draft Law on Amendments to Land Law that may be passed by the end of 2023, there are 02 reasons for land users in Vietnam to apply for issuing land use right certificates in 2023:
- The regulation on land price brackets may be abolished
According to the provisions of Article 114 of the 2013 Land Law on the land price bracket promulgated by the Government of Vietnam every 05 years, based on the Government's land price bracket, provinces and cities promulgate land price lists as follows:
Land price lists and specific land prices
1. Based on the principles, methods of land valuation and land price frames, provincial-level People’s Committees shall develop and submit the land price lists to the People’s Councils of the same level for review before promulgation. land price lists shall be developed once every 5 years and publicized on January 1 of the beginning year of the period.
During the implementation of land price lists, when the Government adjusts land price frames or there are changes in popular land price in the market, provincial-level People’s Committees shall adjust land price lists accordingly.
Accordingly, this is the basis for calculating land use levy when land users in Vietnam carry out procedures for issuing a land use right certificate and calculating other fees and charges when applying for issuing a land use right certificate.
However, according to the Draft Law on Amendments to Land Law, the land price bracket under the above provisions is abolished. Specifically, Article 154 of the Draft Law on Amendments to Land Law stipulates as follows:
Land price list
1. The annual land price list shall be publicly announced and applied from January 1 of the year.
Based on principles and methods of land valuation, the Department of Natural Resources and Environment shall assist provincial-level People's Committees in formulating land price lists, and may hire organizations with the function of consulting land price determination to elaborate land price lists; submit to the land price list appraisal council; based on the results of the land price list appraisal council, submit it to the provincial-level People's Committee for submission to the provincial-level People's Council for approval of the land price list before the provincial-level People's Committee decides to promulgate.
2. The land price list is developed according to location. For areas with digital cadastral maps and land price databases, land price lists shall be developed for each land parcel according to value zones and standard land parcels.
In the case of the end of 2023, when the Draft Law on Amendments to Land Law is passed, it is expected that the land price bracket will also increase compared to the current bracket, almost equal to the actual land price in the market.
- The conditions for issuing a land use right certificate for undocumented land use rights will be stricter.
Specifically, according to the proposal in Clause 2, Article 137 of the Draft Law on Amendments to Land Law, undocumented land must be land not subject to encroachment or occupation.
Recognition of land use rights for households and individuals who are using land without documents on land use rights
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2. Households and individuals using land and having none of documents specified in Article 135 of this Law but not falling into the cases specified in Clause 1 of this Article shall be recognized land use rights if they meet the following conditions:
a) Land parcels used for agricultural purposes are not subject to land encroachment, occupation or disputes;
b/ Land parcels used for non-agricultural purposes are not subject to land encroachment, occupation or disputes, conform to land use plannings, detailed urban construction plannings and rural residential point construction plannings approved by competent state agencies for planned places and must fulfill financial obligations as prescribed.
According to the current Land Law, households and individuals using land and having none of the documents still have the opportunity to be granted a land use right certificate.
However, when the Draft Law on Amendments to Land Law is passed, in case of encroachment, they will not be eligible for issuing a land use right certificate.
Therefore, for the above 02 reasons, land users in Vietnam should carry out procedures for issuing a land use right certificate as soon as possible to avoid legal issues and disputes later.
What are the online procedures for issuing a land use right certificate in Vietnam?
According to the provisions at point b, clause 7, Article 1 of Decree 10/2023/ND-CP on amendments and supplements to several Articles of Decrees on instructions for implementation of the Law on Land, land users in Vietnam can apply for issuing a land use right certificate online from May 20, 2023:
Step 1: The applicant shall register for issuing a land use right certificate online at the Public Service Portal.
Step 2: The agency receiving and processing the application shall have to carry out the order and administrative procedures on land in accordance with the provisions of land law.
In case it is necessary to check, verify, clarify or due to other reasons, fail to return the results of the application processing in accordance with regulations on the time for processing administrative procedures on land, the agency receiving and processing the application shall send a notice in writing or via the Public Service Portal or via SMS to the applicant, which clearly states the reasons.
Note: The applicant is responsible for fulfilling their financial obligations as prescribed by law in person or online through the payment function of the Public Service Portal.
The agency receiving and processing the application shall notify the applicant to carry out administrative procedures to submit the original issued land use right certificate and prescribed documents after the land user fulfills its financial obligations.
Step 3: Return the results at home
The return of results of settlement of administrative procedures shall be carried out at the application-receiving agency or through the public postal service or at the location required in case of receiving the application and returning the results of settlement of procedures for registration of land and other land attached-assets, issuance, renewal and re-issuance of certificates.
What is the duration for carrying out the procedures for issuing a land use right certificate in Vietnam?
Pursuant to the provisions of Clause 2, Article 61 of Decree 43/2014/ND-CP amended by Clause 40 Article 2 of Decree 01/2017/ND-CP stipulating the time for registration and issuance of land certificates is prescribed as follows:
- The registration of land, land-attached assets, issuance of certificates of land use rights, ownership of houses, and other land-attached assets shall not take more than 30 days.
- The registration and issuance of certificates of land use rights, ownership of houses, and other land-attached assets for land-attached assets shall not take more than 20 days.
Decree 10/2023/ND-CP takes effect from May 20, 2023.
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