What is the time limit for issuance of certificates of land use rights and ownership of houses and other land-attached assets in Vietnam? What are the instructions on suing for delays, refusals of issuance of certificates?
What is the time limit for processing administrative procedures to issue certificates of land use rights and ownership of houses and other land-attached assets?
According to Article 61 of Decree 43/2014/ND-CP (supplemented by Clause 40 Article 2 of Decree 01/2017/ND-CP) detailing the implementation of several provisions of the Land Law as follows:
"Article 61. Time for processing administrative procedures on land
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2. The time for processing procedures for land registration, assets attached to the land; issuance of new, replacement, or reissued Certificates is specified as follows:
a) Land registration, assets attached to the land, issuance of Certificates of land use rights, house ownership, and other assets attached to the land is no more than 30 days;
b) Registration, issuance of Certificates of land use rights, house ownership, and other assets attached to the land for those receiving the transfer of land use rights and ownership of houses, construction works from construction investment organizations is no more than 15 days;
c) Registration, issuance of Certificates of land use rights, house ownership, and other assets attached to the land when changing assets attached to the land is no more than 15 days;
d) Registration of changes in land, assets attached to the land in cases of winning auction for land use rights; resolving disputes, complaints, denunciations about land; handling mortgaged contracts, contributing capital with land use rights; seizure, auction of land use rights, assets attached to the land to enforce judgments; dividing, separating, merging, consolidating organizations, converting companies; agreement to consolidate or divide land use rights, property ownership attached to the land of households, spouses, groups of land users is no more than 10 days;
đ) Parcel splitting, consolidation; administrative procedures for land registration in cases of State land allocation for management are no more than 15 days;
e) Extension of land use is no more than 07 days;
g) Confirmation of continued use of agricultural land by households, individuals when the land use term expires is no more than 05 days;
h) Registration to establish or change, terminate limited use rights of adjacent parcels is no more than 10 days;
i) Registration of changes due to renaming of land users, property owners attached to the land or changes in shape, dimensions, area, number, address of parcels or changes in restricted land use rights or changes in financial obligations or changes in assets attached to the land compared to registered content is no more than 10 days;
k) Conversion from annual land rent to one-time land rent; from State land allocation without land levy to land lease; from land lease to State land allocation with land levy is no more than 30 days;
l) Transfer, transfer, inheritance, donation, capital contribution registration with land use rights, property ownership attached to the land is no more than 10 days;
m) Cancellation of capital contribution registration with land use rights, property ownership attached to the land is no more than 03 days;
n) Registration, cancellation of mortgage, lease, sub-lease of land use rights is no more than 03 days;
o) Transfer of land use rights, ownership of assets attached to the land from one spouse to joint ownership by both spouses is no more than 05 days;
p) Replacement of Certificates, Certificates of house ownership, Certificates of ownership of construction works is no more than 07 days; in case of mass replacement for many land users due to remapping, it is no more than 50 days;
q) Reissuance of lost Certificates, Certificates of house ownership, Certificates of ownership of construction works is no more than 10 days;
r) Time for administrative procedures to correct Certificates of land use rights, house ownership, and other assets attached to the land, Certificates of land use rights, Certificates of house ownership and land use rights, Certificates of house ownership, Certificates of ownership of construction works is no more than 10 days.
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4. The time specified in Clauses 1, 2, and 3 of this Article is calculated from the date of receiving a complete and valid dossier; it does not include holidays and non-working days as prescribed by law; it does not include the time for receiving dossiers at the commune level, the time for financial obligations of land users to be completed; it does not include the time for considering and handling cases of illegal land use, and the time for judicial assessment.
In cases where the dossier is incomplete or invalid, within a maximum of 03 working days, the dossier-receiving and processing agency must notify and guide the applicant to supplement and complete the dossier as prescribed.
For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, the processing time for each type of procedure specified in this Article is extended by 10 days, except for land dispute mediation procedures.
5. The time for simultaneously processing multiple administrative procedures on land is regulated by the Provincial People's Committee but shall not exceed the total time for handling those procedures as specified in this Article."
Thus, the time limit to process the initial issuance of certificates of land use rights and ownership of houses and other land-attached assets procedures is no more than 30 working days from the receipt of a complete and valid dossier; no more than 40 days for mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions.
- According to Clause 8 Article 19 of Decree 61/2018/ND-CP: After the assessment does not meet the conditions for resolution, the agency handling administrative procedures shall return the dossier and issue a written notice clearly stating the reasons for not resolving the dossier as per the form sent to the organization or individual through the One-Stop Department.
- The notification period must be within the dossier processing time as prescribed.
Issuing a written reply is very important, as it serves as a basis for complaints, lawsuits if there is a ground to believe that the agency issuing the certificates of land use rights and ownership of houses and other land-attached assets has made a mistake.
What is the time limit for issuance of certificates of land use rights and ownership of houses and other land-attached assets in Vietnam? What are the instructions on suing for delays, refusals of issuance of certificates? (Image from the internet)
How to file a complaint about delays in issuing certificates of land use rights and ownership of houses and other land-attached assets in Vietnam?
- Content of the complaint about delays in issuing certificates of land use rights and ownership of houses and other land-attached assets: The complaint form is regulated in Clause 1 Article 118 of the Law on Administrative Procedure 2015.
- Initiating a lawsuit at the people's court:
+ Plaintiff: The person whose issuance of certificates of land use rights and ownership of houses and other land-attached assets is delayed.
+ Defendant: The agency, individual with authority who is responsible for the delay in issuing the certificates of land use rights and ownership of houses and other land-attached assets.
- Subject of the lawsuit: Administrative decisions, administrative acts. In other words, the subject matter of the lawsuit is the decision or act of delaying the issuance of the certificates of land use rights and ownership of houses and other land-attached assets.
Where to file a lawsuit for delays in issuing certificates of land use rights and ownership of houses and other land-attached assets in Vietnam?
According to Articles 31 and 32 of the Law on Administrative Procedure 2015:
- Submit to the district-level People's Court (districts, communes, district-level towns, cities belonging to provinces, cities under central authority) to sue administrative decisions, administrative acts of state administrative agencies from district level and below within the same administrative boundary including:
+ The People's Committee at commune, ward, commune-level town within the same administrative boundary as the court.
+ If suing acts, decisions of refusal, non-receipt of dossiers or receipt of dossiers requesting the issuance of certificates of land use rights and ownership of houses and other land-attached assets but not resolving,... of the District Land Registration Office or authorized individuals within the same administrative boundary as the court.
- File a lawsuit at the Provincial People's Court (province, centrally-run city) if suing decisions, acts of refusing to issue Certificates of the District People's Committee, Chairman of the District People's Committee within the same administrative boundary as the court (where there is a basis for sufficient conditions for issuance).
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