What are the applications and procedures for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
- What are the applications for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
- What are the and procedures for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
- How long is the time to resolve the procedures for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
What are the applications for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
Pursuant to subsection 3, Section B, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023 regulating Application for issuance of Certificate of land use rights in the case of land use right transfer before July 1, 2014 including:
- In case of transfer, inheritance, or donation of land use rights or assets attached to land, there is a contract or document on transfer of rights according to regulations but the transferor does not give the Certificate to the recipient. transfer of rights, documents include:
+ 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, Department of Land Registration and Information Data;
+ The contract or document on transfer of rights made according to regulations;
- In case of receiving transfer or donation of land use rights but not making a contract or transfer document according to regulations, the dossier includes:
+ 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, Department of Land Registration and Information Data;
+ Original issued Certificate;
+ Documents on land use right transfer and assets attached to land with signatures of the transferor and transferee.
- In case of carrying out procedures for registering changes in land and assets attached to land with changes in information about the legal entity, ID card number, Citizen Identification card number, address on the Certificate If the certificate has been granted, the land user shall submit the following additional documents:
+ Copy of new ID card or new military ID card or copy of new citizen ID card or personal ID number or other documents proving change of identity in case of change of personal information the body 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 a copy of the new citizen ID card or personal identification number or other documents to prove identity.
+ Document from a competent authority permitting or recognizing the change of legal entity information in case of changing information about the legal entity of the organization recorded on the Certificate.
What are the applications and procedures for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014? (Image from the Internet)
What are the and procedures for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
Pursuant to subsection 3, Section B, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023 stipulating procedures for issuance of Certificate of land use rights in the case of land use right transfer before July 1, 2014 where the transferor has been granted a Certificate but has not yet carried out the transfer procedures according to regulations according to the following steps:
Step 1: Land users submit applications at district-level Land use right registration office or 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 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. .
Step 2: The dossier receiving agency is responsible for recording all information in the dossier receiving book and returning results and giving the dossier receipt and result return slip to the applicant; Transfer the application to the district-level Land use right registration office.
Step 3: Land use right registration office notifies the transferor in writing and posts at the headquarters of the commune-level People's Committee where the land is located about the procedures for granting a Certificate of land use rights and ownership of houses and other assets attached to the land to the transferee.
+ If the address of the transferor is unknown, the notice must be posted on the local mass media for three consecutive issues.
+ After 30 days from the date of the first announcement or posting on the local mass media, if there is no application for dispute resolution, the Land use right registration office documents will be submitted to the agency. has the authority to decide to cancel the issued Certificate in case of failure to submit the Certificate to carry out procedures and at the same time issue a new Certificate of land use rights, ownership of houses and other assets attached to land to the new land owner.
In case there is an application to resolve a dispute, the Land use right registration office shall guide the parties to submit the application to the competent state agency to resolve the dispute according to regulations.
For online procedures:
Step 1: Land users submit applications at the Public Service Portal
Step 2: The agency receiving and processing documents is responsible for implementing the order and administrative procedures related to land according to the provisions of land law; In cases where it is necessary to check, verify and clarify or due to other reasons, the results of dossier settlement are not returned in accordance with regulations on time for resolving land-related administrative procedures, the agency receiving the dossier and resolving Decide on the procedure for sending a notice in writing or via the Public Service Portal or via SMS to the requester, clearly stating the reason.
Step 3: Complete financial obligations
Land users and owners of assets attached to land are responsible for fulfilling financial obligations according to the provisions of law directly or online through the payment function of the Public Service Portal.
The receiving agency or agency handling the dossier notifies the requester to carry out administrative procedures to submit the original of the issued Certificate and required documents after the land user completes their financial obligations. .
Step 4: Return the result
Return of results of administrative procedures is carried out at the dossier-receiving agency or via public postal service or at the required location in the case of receiving dossiers and returning results of administrative procedures. Procedures for registering land and other assets attached to land.
How long is the time to resolve the procedures for issuance of Certificate of land use rights in the case of land use right transfer in Vietnam before July 1, 2014?
Based on subsection 3, Section B, Appendix 2 issued with Decision 1085/QD-BTNMT in 2023, the time to resolve procedures for issuance of Certificate of land use rights in the case of land use right transfer is before January 1. 7/2014, if the transferor has been granted a Certificate but has not yet carried out the transfer procedures as prescribed, the decision will be made by the Provincial People's Committee but within a maximum of 10 days from the date of receipt of valid documents.
Note: This time does not include the time of holidays and holidays as prescribed by law; Does not include the time to receive documents at the commune or the time to fulfill the land user's financial obligations; does not include the time for consideration and handling in cases of land use that violates the law or the time for soliciting appraisals.
For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions, the implementation time is increased by 10 day.
The results of administrative procedures must be returned to land users and owners of assets attached to land within no more than 03 working days from the date of resolution results.
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