What are details of online procedures for land-related change registration and issuance of land use right certificates (LURCs) in Vietnam from August 1, 2024, under Decree 101 on issuance of LURC?
What are details of online procedures for land-related change registration and issuance of LURCs in Vietnam from August 1, 2024, under Decree 101 on issuance of LURC?
Based on Clause 2 Article 49 of Decree 101/2024/ND-CP stipulating the online process and procedures for registering land changes, properties attached to land, and issuing LURCs, ownership of properties attached to land as follows:
+ Land users, property owners attached to land input information into the electronic Land Change Registration Application, simultaneously attaching the electronic land change registration documents onto the National Public Service Portal or the provincial Public Service Portal;
+ The document reception system of the National Public Service Portal or the provincial Public Service Portal sends feedback results to the registration requestor via the Public Service Portal or email or other electronic means;
+ The agency handling land registration procedures, properties attached to land checks the documents, handles administrative procedures according to the provisions from Articles 37 to 45 of Decree 101/2024/ND-CP;
+ The agency handling land registration procedures, properties attached to land sends the administrative procedure resolution results to the land user, property owner attached to land according to the provisions of Clauses 5 and 6 Article 21 of Decree 101/2024/ND-CP.
What are details of online procedures for land-related change registration and issuance of LURCs in Vietnam from August 1, 2024, under Decree 101 on issuance of LURC? (Internet image)
Where to submit applications for land-related change registration in Vietnam?
Based on Clause 4 Article 21 of Decree 101/2024/ND-CP stipulating for cases of registering land changes, properties attached to land, the registration requestor can choose where to submit the documents as follows:
(1) In case the land user, property owner attached to land is an individual, community, they can choose to submit the documents to:
(i) One-stop section according to the provincial People's Committee's regulations for receiving documents and returning results of handling administrative procedures at the provincial, district, commune levels;
(ii) Land Registration Office;
(iii) Branch of the Land Registration Office.
In case of re-determining the area of homestead land as stipulated in Clause 6 Article 141 of the Land Law 2024, the documents shall be submitted to the agency stipulated in (i).
(2) In case the land user, property owner attached to land is a domestic organization, religious organization, subordinate religious organization, foreign organization with diplomatic functions, foreign-invested economic organization, foreign organization, or foreign individual, they can choose to submit the documents to (i) or (ii);
In case the land user, property owner attached to land is an overseas Vietnamese, they can choose to submit the documents according to (1);
(3) In case of receiving the right to use land, the right to own properties attached to land, the place to submit documents follows the transferee and is implemented according to (i) or (ii).
What is the time limit for completing land-related change registration, and issuing LURCs in Vietnam?
Based on Clause 2 Article 22 of Decree 101/2024/ND-CP stipulating the time limit for completing land-related change registration, and issuing LURCs as follows:
(1) In case of transferring agricultural land use rights without a consolidation plan, or in cases of transferring, inheriting, gifting land use rights, property ownership attached to land, contributing capital by land use rights, property ownership attached to land, the process should not exceed 10 working days;
(2) In case of selling or contributing capital by properties attached to land leased by the State with annual land rent collection, the process should not exceed 10 working days, excluding the time for land price determination and lease contract signing;
(3) In case of leasing, subleasing land use rights in infrastructure construction projects, the process should not exceed 5 working days;
(4) In case of deregistering the lease or sublease of land use rights in infrastructure construction projects, the process should not exceed 3 working days;
(5) In case of renaming or changing information about the land user, property owner attached to land, the process should not exceed 5 working days; in case of reducing the area of parcels due to natural erosion, the process should not exceed 10 working days;
(6) In case of changes in the restrictions on land use rights, property ownership attached to land, or changes in rights to adjacent parcels, the process should not exceed 7 working days;
(7) In case households, individuals establish private enterprises and use land for production and business activities of the enterprise, the process should not exceed 10 working days, excluding the time for land price determination and lease contract signing;
(8) In case of registering ownership of properties attached to parcels that have been issued certificates, the process should not exceed 10 working days; for properties that have already been certified for ownership on issued certificates but register to change properties, the process should not exceed 7 working days;
(9) In case of changing land use rights, property ownership attached to land due to division, separation, merger, consolidation, conversion of organizational model, or by agreement of household members, husband and wife, or a group of co-land users, co-property owners attached to land, the process should not exceed 8 working days;
(10) In case of receiving land use rights, property ownership attached to land according to the reconciliation result of land disputes, complaints, denunciations about land, the process should not exceed 8 working days;
(11) In case of receiving land use rights, property ownership attached to land due to handling mortgaged assets, the process should not exceed 8 working days;
(12) In case of changes in land use rights to construct ground-level works for the operation, exploitation, and use of underground works, ownership rights to underground works, the process should not exceed 15 working days;
(13) In case of selling assets, transferring or assigning land use rights as public assets following the provisions of the law on the management and use of public property, the process should not exceed 10 working days;
(14) In case of writing off land levy debts, and registration fees, the resolution time is within the working day upon receiving sufficient debt settlement documents; if receiving sufficient documents after 3 PM on the same day, the debt settlement may be resolved on the next working day;
(15) In case of issuing LURCs, property ownership attached to land according to detailed construction planning or adjusted detailed construction planning of investment projects using land, where detailed construction planning of the project is adjusted as per construction law or in cases where the project investor has been issued a certificate for the entire project land area but requires certificates for individual parcels according to approved detailed construction planning, the process should not exceed 5 working days;
(16) In case of registering changes in land use purposes stipulated in Clause 3 Article 121 of the Land Law 2024, the process should not exceed 10 working days.
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