What are the procedures for land change registration on the National Public Service Portal when changing financial obligations to organizations using land in Vietnam?

Question: What are the procedures for land change registration on the National Public Service Portal when changing financial obligations to organizations using land? – Mr. Giang (Phu Yen)

What organizations are included in organizations using land in Vietnam? When changing financial obligations, is it mandatory to register land changes?

Pursuant to Section 2, Chapter 11 of the 2013 Land Law of Vietnam, organizations using land include:

- Organizations that are allocated land without land use levy by the State;

- Organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period;

- Economic organizations and public non-business organizations using leased land with annual rental payment;

- Economic organizations which acquire land use rights or change land use purposes;

- Economic organizations receiving land use rights as contributed capital; land use rights of economic organizations upon dissolution or bankruptcy;

- Economic organizations that are leased land for construction of underground facilities.

When changing financial obligations, organizations using land need to register land changes in accordance with law.

What are the procedures for registering land changes on the National Public Service Portal when changing financial obligations to organizations using land in Vietnam?

What are the procedures for land change registration on the National Public Service Portal when changing financial obligations to organizations using land in Vietnam? (Image from the Internet)

What is included in the application for registration of land changes when changing financial obligations to an organization using land?

Pursuant to the provisions of Article 9 of Circular 24/2014/TT-BTNMT as amended by Clause 1, Article 2 of Circular 09/2021/TT-BTNMT and Appendix 2 issued together with Official Dispatch 7706/BTNMT-TCQLDD in 2022.

Dossier for registration of land change upon change of financial obligations include:

- An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK (Download);

- Certificate issued;

- A copy of one of the papers showing the change in the case of change of information about the property on land recorded on the Certificate as follows:

+ Certificate of house ownership;

+ Certificate of ownership of non-residential construction works;

+ Certification of ownership of planted production forests;

+ Certificate of ownership of perennial plants.

What are the procedures for registering land changes on the National Public Service Portal when changing financial obligations for organizations using land in Vietnam?

The procedures for registering land changes on the National Public Service Portal when changing financial obligations for organizations using land is guided in Appendix 2 issued together with Official Dispatch 7706/BTNMT-TCQLDD in 2022 with the following contents:

Step 1: The organization using land registers an account, logs in on the National Public Service Portal and performs:

- Searching and selecting to submit public service dossiers: Registration of changes in land and assets attached to land due to changes in financial obligations.

- Enter information on the Application for registration of changes in land and assets attached to land (Registration application according to Form 09) and check the information with the national database on enterprise registration.

+ Case 01: If the authentication is successful, save the registration application information;

+ Case 02: If the authentication fails, the system will notify the organization using land to update the information on the registration application.

- Attached are photocopies or scanned copies of other documents according to the application.

- Choose the method of sending the original Certificate, the originals of the attached documents and receive the results of administrative procedures through the public postal service or directly at the application-receiving agency and return the results of the administrative procedures;

- Select to confirm the change in the issued Certificate or to issue a new Certificate of land use rights, ownership of houses and other land-attached assets.

- Choose to send documents: Land registration office (For localities that have not yet established a land registration office: Department of Natural Resources and Environment) to receive and process dossiers.

Step 2: Receipt of application

After receiving the registration file, the staff of the Department that receives the dossier and returns the results of administrative procedures is responsible for checking the application information and notifying it through the account on the National Public Service Portal, or email, or SMS to land users, specifically as follows:

- Case 01: The application does not meet the requirements, the official clearly informs the reason for the refusal.

- Case 02: The dossier is incomplete or invalid, the official sends a notice to supplement and complete the dossier as prescribed.

- Case 03: The application is complete and valid, the official receives the application and sends the receipt and returns the results.

In case the application is complete and valid, the department that receives the dossier and returns the results of administrative procedures shall send the complete and valid dossier to the Land Registration Office/Department of Natural Resources and Environment to solve.

Step 3: Settlement of records

- Leaders of the Land Registration Office/Department of Natural Resources and Environment access the Public Service Portal of the Ministry of Natural Resources and Environment or the Provincial Public Service Portal to perform the assignment of handling procedures (Department/Division/Official).

- The Land Registration Office/Department of Natural Resources and Environment returns the results to the Dossier-receiving Section and returns the results of administrative procedures.

Step 4: Return the result

The staff of the Department receiving dossiers and returning results of administrative procedures shall return the results of administrative procedures in the form selected by the land user (via the public postal service or directly at the agency receiving dossiers and returning results of administrative procedures).

See details in Official Dispatch 7706/BTNMT-TCQLDD in 2022.

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