What are the first land registration procedures for cases where land is allocated for management in Vietnam under Decree 101?
What are regulations on land managed by state agencies and organizations in Vietnam?
According to Article 217 of the Land Law 2024, the regulation on land managed by state agencies and organizations in Vietnam is as follows:
(1) Land managed by state agencies and organizations refers to land that has not been allocated or leased, or has been allocated for management, including:
- Land for public purposes;
- Rivers, canals, streams, ponds, lakes, lagoons;
- Cemetery land, funeral home land, crematorium land; land for ashes storage;
- Water surface land for specialized use;
- Special-use forest land, protection forest land, production forest land;
- Land recovered by the State and handed over to land development organizations for management;
- Land recovered by the State and handed over to commune-level People's Committees for management in cases stated at point d, clause 1 and clause 3 Article 82 of the Land Law 2024; clause 2 Article 82 of the Land Law 2024 in rural areas; clause 5 Article 86 of the Land Law 2024; point e clause 2 Article 181 of the Land Law 2024;
- Land transferred for management from foreign organizations with diplomatic functions who no longer need to use the land, based on international treaties, international agreements, and applicable legal regulations;
- Agricultural land for public purposes of communes, wards, commune-level towns;
- Unused land.
(2) State agencies and organizations assigned to manage the land fund as specified in (1) are responsible for managing and preserving the assigned land area; the use of the above-mentioned land fund must comply with corresponding land use policies.
What are the first land registration procedures for cases where land is allocated for management in Vietnam under Decree 101? (Image from the Internet)
What are the first land registration procedures for cases where land is allocated for management in Vietnam under Decree 101?
According to Article 35 of Decree 101/2024/ND-CP, the first land registration procedures for cases where land is allocated for management in Vietnam are as follows:
(1) The First land registration application for land allocated for management as specified in Article 217 of the Land Law 2024 is as follows:
Those assigned to manage the land include:
+ Representatives of organizations responsible for land management in the following cases:
(i) Domestic organizations assigned to manage public works and safety corridor protection areas according to legal regulations;
(ii) Domestic organizations assigned to manage land with water surfaces of rivers and land with specialized water surfaces;
(iii) Domestic organizations assigned to manage land funds that have been recovered according to decisions of competent state agencies;
(iv) Economic organizations assigned to manage land areas to implement investment projects as specified by law.
++ Chairpersons of commune-level People's Committees, and Chairpersons of district-level People's Committees where no commune-level administrative units are established, are responsible for managing land for public purposes, land not yet allocated, and land not yet leased in their localities.
+++ Chairpersons of provincial-level People's Committees are responsible for managing unused land on islands not yet assigned to district-level and commune-level administrative units for management.
The application includes the Land Registration Application Form, and assets attached to the land according to Form No. 05/DK issued with Decree 101/2024/ND-CP and a report on the current land use status review according to Form No. 05b/DK issued with Decree 101/2024/ND-CP.
If in cases such as:
* Domestic organizations assigned to manage public works and safety corridor protection areas according to legal regulations;
** Domestic organizations assigned to manage land with water surfaces of rivers and land with specialized water surfaces;
*** Domestic organizations assigned to manage land funds that have been recovered according to decisions of competent state agencies;
**** Economic organizations assigned to manage land areas to implement investment projects as specified by law,
then one set of the application should be submitted to the receiving agency as follows:
(i) The One-Stop Division according to regulations of the provincial People's Committee for receiving applications and returning administrative procedure results at the provincial, district, and commune levels;
(ii) The Land Registration Office;
In case the receiving agency at (i) then the application will be transferred to the Land Registration Office.
In cases where the person assigned to manage the land is specified at (++), (+++), the Chairpersons of the People's Committees at all levels shall direct the land management functionaries to prepare one set of applications and transfer them to the Land Registration Office;
The person assigned to manage the land is a representative of the community responsible for the land assigned to the community for management and shall submit one set of applications including the Land Registration Application Form, and assets attached to the land according to Form No. 04/DK issued with Decree 101/2024/ND-CP and a report on the current land use status review according to Form No. 05b/DK issued with Decree 101/2024/ND-CP to the commune-level People's Committee; the commune-level People's Committee will transfer the application to the Land Registration Office.
(2) The Land Registration Office shall create, update, and modify the cadastral records and the land database.
How long do initial land, property registration procedures take?
According to clause 1, Article 22 of Decree 101/2024/ND-CP, the regulation is as follows:
Timeframe for initial land, property registration, and certificate issuance
1. Initial land, property registration should not exceed 20 working days; issuance of the Land Use Rights Certificate and ownership of attached assets for the first time is not more than 03 working days.
...
Therefore, the time to resolve initial land and property registration should not exceed 20 working days.
For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, and those with especially difficult socio-economic conditions, the processing time may be extended by an additional 10 working days.
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