What are the procedures for handling land change registration dossiers on the National Public Service Portal when transferring or donating land use rights in Vietnam?
- Which agency is competent to handle land change registration dossiers when transferring or donating land use rights in Vietnam?
- What are the procedures for handling land change registration dossiers on the National Public Service Portal when transferring or donating land use rights in Vietnam?
- What is the duration of handling of the procedures for registration of land change when transferring or donating land use rights in Vietnam?
Which agency is competent to handle land change registration dossiers when transferring or donating land use rights in Vietnam?
Pursuant to the provisions of Clause 2, Article 6 of Circular 24/2014/TT-BTNMT and Clause 3, Article 6 of Circular 24/2014/TT-BTNMT on the responsibilities of compilation, update, readjustment of cadastral dossiers as follows:
Responsibilities of compilation, update, readjustment of cadastral dossiers
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2. The land registration office shall be responsible for the following tasks:
a) Adjust regular changes for cadastral map, land-itemizing books;
b) Compile, update, adjust the changes of the cadastral dossiers in addition to the documents specified at Point a of this Clause;
c) Provide copies of cadastral maps, cadastral books, land-itemizing books (digital or paper form) for the People's Committees in communes, wards and towns (hereinafter referred to as People’s Committees of communes) to use.
3. Branches of land registration offices shall fulfill the tasks specified in paragraph 2 of this Article for the entities using the land, assigned to manage land by the State, owning property on land under the competence in resolving the registration procedure.
Thus, the agencies competent to handle land change registration dossiers when land users transfer or donate land use rights are the land registration office and the branches of land registration office.
What are the procedures for handling land change registration dossiers on the National Public Service Portal when transferring or donating land use rights in Vietnam? (Image from the Internet)
What are the procedures for handling land change registration dossiers on the National Public Service Portal when transferring or donating land use rights in Vietnam?
The procedures of handling land change registration dossiers on the National Public Service Portal when transferring or donating land use rights are specifically guided in Appendix 1 issued together with Official Dispatch 7706/BTNMT-TCQLDD in 2022.
To be specific:
- Leaders of branches of land registration office/land registration office shall access the Public Service Portal of the Ministry of Natural Resources and Environment or the Provincial Public Service Portal (hereinafter referred to as the Public Service Portal) to perform the following tasks: perform the assignment of handling procedures (Department/Department/Officer).
- The official assigned to handle access to the Public Service Portal checks and compares the information in the registration file of the land user with the land database or the file stored at branches of land registration office/land registration office and perform the following tasks:
+ In case the information is not appropriate, inaccurate or the land user requests for certification on the Certificate and falls into the case of having to issue a new Certificate, send the information through the Public Service Portal to the Ministry of Industry and Trade. The department receives and returns the results of administrative procedures to notify the land user of completing and supplementing the dossier.
+ In case the information is suitable and accurate, send the information through the Public Service Portal to the Department that receives and returns the results of administrative procedures to notify the land user.
- The settlement official updates registration information of land users into the land database/Cadastral records.
- Land registration office (For localities where the land registration office has not been established: District land use right registration office) digitally signs and transmits electronic information to serve the determination of financial obligations to tax authorities.
- Land users make payment of fees, charges and other prices and fees (if any) through the Public Service Portal. Submit the original Certificate and the originals of the attached documents directly or through the public postal service to the Branch of the land registration office.
- After receiving the original Certificate and the originals of attached papers submitted by the land user, the settlement official shall check the payment of fees, charges and other prices and charges ( if any) through the Public Service Portal. If the financial obligation has been fulfilled, the settlement official shall prepare the dossier according to regulations and perform:
+ In case of confirmation of changes on the Certificate: print the confirmation content on the Certificate to submit to the leader of the branch of the land registration office/land registry office for approval.
+ In case of issuance of a new Certificate: print the new Certificate and submit it to the leader of the branch of the land registration office/land registration office/Department of Natural Resources and Environment for signature and approval under the decision of the People's Committee of the province.
+ Edit and update changes in cadastral records and land databases.
- The branch of the land registration office/land registration office returns the results to the Dossier-receiving Section and returns the results of administrative procedures.
For localities that have not yet established a land registration office, the use right registration office at all levels shall perform the tasks of the branch of the land registration office/land registration office mentioned above. In case of granting a new Certificate, the district-level use right registration office shall submit it to the People's Committee of the district for approval.
What is the duration of handling of the procedures for registration of land change when transferring or donating land use rights in Vietnam?
Pursuant to the provisions of Point i, Clause 2, Article 61 of Decree 43/2014/ND-CP as amended by Clause 40, Article 2 of Decree 01/2017/ND-CP on the time to carry out administrative procedures on land as follows:
Duration of administrative procedures for land
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2. The duration of the procedures for registration of land and properties attached to land, for certification and re-certification is defined below:
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i) The registration of change to the land user(s), to the owner(s) of properties attached to land, to the shape, size, number or address of a land lot or to limitation(s) on land use right or to financial obligations or to properties attached to land against the previous registration shall not take more than 10 days;
Thus, according to the above regulations, the duration of handling of the procedures for registration of land changes upon transfer or donation of land use rights is no more than 10 days from the date of receipt of a valid dossier.
In which, this duration does not include the time of public holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time to consider and handle the case of land use in violation of the law, the time to solicit expertise.
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