What is the application for registration of change to use of land or property on land in case of change to name of individual or household representative in Vietnam?
- Are there new regulations on application for registration of change to use of land or property on land in case of change to name of individual or household representative in Vietnam?
- What is the application for extension of the period of land use outside of a hi-tech park or economic zone in Vietnam?
- Where to register for change to use of land in Vietnam?
Are there new regulations on application for registration of change to use of land or property on land in case of change to name of individual or household representative in Vietnam?
The Minister of Natural Resources and Environment has just issued Circular 14/2023/TT-BTNMT on amendments to some Articles of Circulars on submission and presentation of household registration books and documents related to residence upon carrying out administrative procedures or providing public services in the field of land.
Previously, the application for registration of change to land and property on land was specified in Clause 1, Article 2 of Circular 09/2021/TT-BTNMT amending Article 9 of the Circular 24/2014/TT-BTNMT includes:
- Application for registration of change to land and property on land;
- Original copy of the issued certificate;
- One of the documents related to the content of changes:
+ Document of recognition from a competent state agency according to the provisions of law in cases where an individual or household representative changes their full name;
+ Copy of household registration book in case of changing the representative who is the head of household; The household's written agreement confirmed by the commune-level People's Committee in case of changing the representative who is another member of the household;
+ Written agreement of the residential community confirmed by the commune-level People's Committee in case the residential community changes its name;
Currently, Circular 14/2023/TT-BTNMT has amended the above documents to include:
- Application for registration of change to land and property on land;
- Original copy of the issued certificate;
- Any of the following documents related to the change:
+ Written approval of competent authority as per the law in case of change to name of individual or household representative;
+ Written agreement of the household certified by the commune-level People’s Committee in case of change of the representative that is a household member; written information about the household head extracted from the national population database by the procedure-processing authority according to regulations in Article 14 of Government's Decree No. 104/2022/ND-CP;
+ Written agreement of the residential community certified by the commune-level People’s Committee in case of change to the name of the community;
+ Written confirmation of natural erosion made by the commune-level People’s Committee in case of decrease in area of the land lot/property on land due to natural erosion;
+ Documents on fulfillment of financial obligations in case where the issued certificate records a debt or late fulfillment of financial obligations, unless the land user is exempt from fulfilling a part or all obligations due to change in law;
+ Decision of the competent authority on change to restriction on land use rights/ownership of property on land stated in the certificate in case such restriction is imposed according to a decision on land allocation, land lease or recognition of land use rights; written consent for change to restriction of persons with relevant interests verified by the commune-level People’s Committee in case of change to restriction according to a written document on transfer of land use rights;
Thus, according to the new regulations in Circular 14/2023/TT-BTNMT, the 2023 change registration dossier in case of changing the representative who is the head of household is not required when completing the change registration procedure. Present the household registration book instead, the agency handling the procedures is responsible for exploiting and using information about the head of household in the National Population Database as prescribed in Article 14 of Decree No. 104/2022/ ND-CP.
Are there new regulations on application for registration of change to use of land or property on land in case of change to name of individual or household representative in Vietnam? (Image from the Internet)
What is the application for extension of the period of land use outside of a hi-tech park or economic zone in Vietnam?
Application for extension of the period of land use outside of a hi-tech park or economic zone shall include according to the latest regulations in Clause 1, Article 2 of Circular 14/2023/TT-BTNMT amending Article 9 of Circular 24/2014/TT-BTNMT includes:
- Application for registration of change to land and property on land, made using Form No. 09/DK.
- Original copy of the issued certificate;
- Copy of the additional investment decision or investment license or investment certificate or investment guideline decision, showing the (adjusted) project performance term in accordance with the extended period of land use in case of use of land of an organization or foreign organization that has diplomatic functions, foreign-invested enterprise or overseas Vietnamese that conducts the investment project.
In case a Vietnamese organization is using the land for investment on the land but it does not fall within the case where an additional investment decision or investment license or investment certificate or investment guideline decision is required as per regulations of law on investment, the reason for extension of the period of land use in Point 4 of the application for change to land/property on land, made using Form No. 09/DK shall be specified;
- Documents on fulfillment of financial obligations (if any).
Where to register for change to use of land in Vietnam?
According to the provisions of Clause 19, Article 1 of Decree 148/2020/ND-CP amending Article 60 of Decree 43/2014/ND-CP, the following agencies will receive land change registration applications:
- Land registration offices
- Branches of land registration offices
+ At places where land registration offices have not been established yet, provincial-level land use right registration offices shall receive dossiers from organizations, religious establishments, overseas Vietnamese implementing investment projects, foreign organizations, foreigners or foreign-invested enterprises; district-level land use right registration offices may receive dossiers from households, individuals, communities, overseas Vietnamese that are entitled to own houses associated with residential land use rights in Vietnam.
+ If households, individuals or residential communities wish to submit applications to the commune-level People's Committees, the People's Committees of the communes where the land plots are located shall receive these applications and notify the results of processing of these applications.
- If localities have organized single-window departments to receive dossiers and notify results of administrative procedures settlement according to the Government's regulations, the above entities shall perform the tasks of receiving dossiers and notifying results through these single-window departments according to the Decisions of the provincial People's Committee.
- Management Boards of hi-tech zones and economic zones; Airport authorities, shall serve as the hubs for receiving dossiers and notifying results of implementation of land-related administrative procedures at hi-tech parks, economic zones, civil airports and airfields.
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