Which agency will grant certificates of land use rights, ownership of houses, and other land-attached assets in Vietnam?
- Which agency will grant certificates of land use rights, ownership of houses, and other land-attached assets in Vietnam?
- What does the application for first-time issuance of a land use right certificate in Vietnam include?
- How many sets of application are land users in Vietnam required to submit under regulations for carrying out registration procedures?
Which agency will grant certificates of land use rights, ownership of houses, and other land-attached assets in Vietnam?
Pursuant to Article 105 of the 2013 Land Law on competence to grant certificates of land use rights, ownership of houses and other land-attached assets as follows:
- Provincial-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to organizations, religious institutions, overseas Vietnamese, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions.
Provincial-level People’s Committees may authorize the agency in charge of natural resources and the environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets.
- District-level People’s Committees shall grant the certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, and communities, and to overseas Vietnamese that are eligible to own houses associated with land use rights in Vietnam.
- For the subjects that were granted a certificate, a certificate of houses ownership or a certificate of construction facilities ownership, and execute the rights of land users or owners of land-attached assets or apply for the renewal or re-grant of the certificate, the certificate of houses ownership or the certificate of construction facilities ownership, the agency in charge of natural resources and environment shall handle in accordance with the Government’s regulations.
What does the application for first-time issuance of a land use right certificate in Vietnam include?
Pursuant to Clause 1, Article 8 of Circular 24/2014/TT-BTNMT, the application for first-time issuance of a land use right certificate in Vietnam includes:
- A written form of registration, granting a Certificate of rights to use land, ownership of land, and property on land for the first time in form No. 04/DDK;
- One of the documents specified in Article 100 of the Law on Land and Article 18 of the Government's Decree No. 43/2014 / ND-CP dated May 15, 2014 detailing the implementation of a number of articles of provisions of the Law on Land (hereinafter referred to as Decree No. 43/2014 / ND-CP) for the cases of registration of land use rights
- One of the documents stipulated in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP for cases of registration of ownership of property on land.
A diagram of houses or construction in case of the registration of ownership of houses or construction, (unless in the papers of ownership of houses or construction, there is a diagram in accordance with the current conditions of the houses and constructions);
- A report on the review results of the current conditions of use for the land for domestic organizations, and religious institutions using the land before July 1, 2004 in Form 08 / DK;
- A voucher of financial obligations; papers relating to the exemption and reduction of financial obligations on land and property on land (if any);
- A decision of the Minister of National Defense, the Minister of Public Security on stationed position or location of works; a copy of the decision of the Prime Minister for approval of land-use planning for purposes of National defense and security in the administrative division of the military zone, in the administrative division of central-affiliated cities and provinces on which units registering the certificate are named for People’s armed forces using land for the purpose of National defense and security, in addition to the papers prescribed at Points a, b and d of this paragraph;
- A contract or written agreement or decision of the People's Court on determining the limited right to enjoyment for the adjacent land plots must be presented, enclosed with diagrams showing the location, and the area size of the land plots that the users of the adjacent land plots are entitled to use in limit in case of registration of the limited right to enjoyment for the adjacent land plots.
How many sets of application are land users in Vietnam required to submit under regulations for carrying out registration procedures?
Pursuant to Clause 1, Clause 2, Article 70 of Decree 43/2014/ND-CP stipulating the procedures for registration of land and land-attached assets and grant of certificates of land use rights and ownership of houses and land-attached assets for the first time and additional registration of land-attached assets as follows:
- A land user shall submit a set of application under regulations for carrying out registration procedures.
- When a household, an individual, a community, or an overseas Vietnamese entitled to own houses in Vietnam requests registration of land and land-attached assets or grant of a certificate of land use rights and ownership of houses and other land-attached assets, the commune-level People’s Committee shall examine the application and perform the following jobs:
+ For land registration, certifying the current land use status as compared with declared registration contents. In case the papers specified in Article 100 of the Land Law and Article 18 of this Decree are not available, certifying the origin and the time of land use, state of land use-related dispute, and conformity with planning.
For registration of land-attached assets, certifying the current state of land-attached assets as compared with declared registration contents. In case the papers specified in Articles 31, 32, 33, and 34 of this Decree are not available, certifying the status of the dispute over the asset ownership; for houses and construction facilities, certifying the time of the creation of assets, case subject or not subject to construction licensing and conformity with approved planning; certifying plans of houses or construction facilities in case of unavailability of certification by a legal entity engaged in construction or map survey operations;
+ In case of unavailability of cadastral maps, before performing the jobs specified at Point a of this Clause, notify the land registration office to conduct cadastral measurement of the land parcel or examine the cadastral measurement document of the land parcel submitted by the land user (if any);
+ Publicly posting up for 15 days the results of application examination, certification of current land use status and state of dispute, origin and use time of land at its office and in the residential area where the land and land-attached assets are located; considering and settling feedback on the publicized contents, and sending the application to the land registration office.
Thus, land users shall submit a set of application under regulations for carrying out registration procedures.
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