What are procedures for land registration in the cases of eligibility for conveyance of real estate projects in Vietnam from August 1, 2024?
What are the forms of exploitation and use of land-related information and data in Vietnam?
According to Article 59 of Decree 101/2024/ND-CP on the forms of exploitation and use of land-related information and data in Vietnam:
- Online exploitation on the national land information portal, national public service portal, Ministry of Natural Resources and Environment’s public service portal, provincial public service portals, via SMS service, via web service and API; exploitation through utilities and applications creating products and added value from the national land database as prescribed.
- Direct exploitation at the headquarters of the agency providing land data or the Reception and Result-returning Unit of administrative procedures.
- Exploitation through other forms prescribed by law.
What are procedures for land registration in the cases of eligibility for conveyance of real estate projects in Vietnam from August 1, 2024? (Image from the Internet)
What are procedures for land registration in the cases of eligibility for conveyance of real estate projects in Vietnam from August 1, 2024?
According to Article 43 of Decree 101/2024/ND-CP on the procedures for land registration in the cases of eligibility for conveyance of real estate projects in Vietnam from August 1, 2024:
- The applicant submits 01 set of documents to the receiving agency as follows:
(i) One-stop-shop unit as regulated by the provincial People’s Committee for receiving and returning results of provincial, district, and commune-level administrative procedures;
(ii) Land registration office;
(iii) Branches of land registration office.
In case the receiving agency is as specified in (i), it will transfer the documents to the land registration office. The documents include:
+ Land registration application, assets attached to the land according to Form No. 05/DK or Land change registration application, assets attached to the land according to Form No. 11/DK issued under Decree 101/2024/ND-CP for cases where the project land area has been granted a Certificate;
+ Certificate issued to the transferor of the project;
In case of financial obligations change, proof of fulfillment of financial obligations for such change must be submitted (unless exempted or deferred as prescribed by law).
In case the land use rights for the project have not been granted a Certificate, proof of fulfillment of financial obligations of the transferor and transferee, land allocation, leasing decision, or permission to change land use purpose for the project implementation must be submitted;
+ Written permission for project or part of the project transfer by the competent authority;
+ Project or part of the project transfer contract as per law regulations;
+ Separation or merger drawing according to Form No. 02/DK issued under Decree 101/2024/ND-CP for cases where part of the project is transferred, and land use rights for the project have been granted a Certificate;
+ Plot map extracted from cadastral survey for cases where part of the project is transferred, and land use rights for the project have not been granted a Certificate, approved by the land registration office as stipulated in point a, clause 5, Article 9 of Decree 101/2024/ND-CP.
(2) If the transferee is not a foreign-invested economic organization and the land for project implementation has been granted a Certificate, the land registration office performs as regulated in clause 3, Article 37 of Decree 101/2024/ND-CP.
(3) If the transferee is not a foreign-invested economic organization and the land for project implementation has not been granted a Certificate, the following steps are taken:
- Send a Information Transfer Form to determine land financial obligations according to Form No. 12/DK issued under Decree 101/2024/ND-CP to the tax authority for determination and notification of financial obligations collection;
- After receiving the tax authority’s notice of financial obligations completion, the land registration office completes the documents and submits to the provincial land management authority;
- The provincial land management authority submits to the provincial People’s Committee for signing the Certificate of land use rights and ownership of assets attached to the land or signing the Certificate of land use rights and ownership of assets attached to the land if authorized, and transfers the document to the land registration office;
- The land registration office delivers the Certificate of land use rights and ownership of assets attached to the land or transfers it to the receiving agency to give to the awarded person; performs the update and correction of land records, land database.
(4) If the transferee is a foreign-invested economic organization, the land registration is conducted in the order and procedure for land allocation and leasing as prescribed by Decree 102/2024/ND-CP detailing the implementation of some articles of the Law on Land 2024.
What are methods for submission of land registration applications?
Based on clause 2, Article 21 of Decree 101/2024/ND-CP stipulating the method of submitting land registration applications and assets attached to the land, the following methods can be chosen by the applicant:
(1) Directly at the (i), (ii), (iii) agencies;
(2) Through postal service;
(3) At the agreed location between the applicant and the land registration office, its branches;
(4) On the national public service portal or the provincial public service portal;
(5) When submitting documents at (i), (ii), (iii) agencies per methods (1), (2), (3), the applicant may choose to submit copies of documents and present the originals for the receiving staff to verify, submit originals, or submit certified copies per the legal regulations on notarization and certification, except as stipulated in point e of this clause;
For submissions via method (4), documents must be digitized from originals or certified copies per legal regulations;
(6) For the procedure of land change registration and assets attached to the land requiring confirmation of changes on the issued Certificate, the applicant must submit the original Certificate.
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