Will the document on transferring of investment capital, which is the value of land use rights, be formalized in Vietnam (in case a land registration office has been established)?
- What is the form for a document on transfer of investment capital which is the value of land use rights in case the province has established a land registration office in Vietnam?
- What is the form for a document on transfer of investment capital which is the value of land use rights in case the province has not established a land registration office in Vietnam?
- What are the recommendations on administrative procedures for transferring investment capital, which is the value of land use rights in Vietnam?
- What are the orders and procedures for transferring the value of land use rights in Vietnam?
What is the form for a document on transfer of investment capital which is the value of land use rights in case the province has established a land registration office in Vietnam?
According to Decision 721/QD-TTg in 2022, regulations on reducing and simplifying administrative procedures are as follows:
Administrative procedure 4: Transfer of investment capital which is the value of land use rights (in case a land registration office has been established) (administrative procedure code: 1.001009)
(1) Content reduction, simplification
- About the profile composition:
+ Formalizing the document on transfer of investment capital which is the value of land use rights.
- Reason: Ensuring clarity, transparency, uniform application, avoiding arbitrary requests of agencies receiving and handling administrative procedures.
- Implementing connection, data sharing, electronic communication between tax authorities, natural resources and environment agencies, treasury, one-stop department, banks or payment intermediary service providers to allow individuals and organizations to pay their financial obligations on land online on the online payment system of the National Public Service Portal.
- Reason: The connection, sharing of data, electronic communication so that individuals and organizations can make online payment of financial obligations in administrative procedures for land helps to cut down on procedures, costs, travel time to contact the tax authority, bank, one door department or natural resources and environment agency to receive tax notice, pay financial obligations and submit proof of financial obligation fulfillment to carry out administrative procedures on land. Data connection and sharing is possible based on ready-made information systems such as: Online payment system of the national public service portal; tax database; the electronic one-stop shop system of 63 provinces and cities has been connected and integrated with the national public service portal,...; At the same time, this has been successfully implemented for online payment of financial obligations in carrying out administrative procedures for land for households and individuals on the National Public Service Portal.
- Implementation roadmap: 2022-2025.
Additional administrative procedures: the document on the transfer of investment capital which is the value of land use rights to be formalized in Vietnam?
What is the form for a document on transfer of investment capital which is the value of land use rights in case the province has not established a land registration office in Vietnam?
According to Decision 721/QD-TTg in 2022, regulations on reducing and simplifying administrative procedures are as follows:
Administrative procedure 7: Transfer of investment capital which is the value of land use rights (in case the land registration office has not been established) (administrative procedure code: 2 000407)
(1) Content reduction, simplification
- About the profile composition:
Formalizing documents on transfer of investment capital which is the value of land use rights.
Reason: Ensuring clarity, transparency, uniform application, avoiding arbitrary requests of agencies receiving and handling administrative procedures.
- Implementing connection, data sharing, electronic communication between tax authorities, natural resources and environment agencies, treasury, on door departments, banks or payment intermediary service providers to allow individuals and organizations to pay their financial obligations on land on the National Public Service Portal.
Reason: The connection, sharing of data, electronic communication so that individuals and organizations can make online payment of financial obligations in administrative procedures for land helps to cut down on procedures, costs, and travel time to contact tax authority, bank, one door department or natural resources and environment agency to receive tax notice, pay financial obligation and submit proof of financial obligation fulfillment in implementation administrative procedures on land. Data connection and sharing is possible based on ready-made information systems such as: Online payment system of the National Public Service Portal; tax database; The electronic one-stop shop system of 63 provinces and cities has been connected and integrated with the National Public Service Portal,... at the same time, this has been successfully implemented for online payment of financial obligations in practice. Present administrative procedures on land for households and individuals on the National Public Service Portal.
What are the recommendations on administrative procedures for transferring investment capital, which is the value of land use rights in Vietnam?
Implementation recommendations:
- Amending Circular 02/2015/TT-BTNMT dated January 27, 2015 of the Minister of Natural Resources and Environment detailing a number of articles of Decree No. 43/2014/ND-CP and Decree No. 44 /2014/ND-CP dated May 15, 2014 of the Government.
- Implementation roadmap: 2022-2025.
What are the orders and procedures for transferring the value of land use rights in Vietnam?
According to Article 13 of Circular 02/2015/TT-BTNMT stipulating:
Article 13. Sequence, procedures for transferring value of land use rights as prescribed in Point b, Clause 1, Article 169 of the Law on Land and Article 39 of the Decree No. 43/2014/NĐ-CP
1. Land users must submit one set of documentation for the exercise of land users’ rights
In case of transferring value of land use right for part of a land parcel, the land registration office is requested to conduct measurement and partition the area of land that requires the exercise of land users’ rights before submission of documentation for the exercise of land users’ rights.
2. The land registration office shall be responsible for examining documentation and carrying out the following tasks if conditions for transfer of land use right value are satisfied:
a) Send cadastral information to tax agencies to determine financial obligations with respect to cases that require the exercise of financial obligations;
b) Confirm information on changes on the issued certificates as prescribed;
In case of issuance of Certificate of land use right, ownership of land and land-linked properties, formulate documentation submitted to competent agencies for issuance of the certificates to land users;
c) Make adjustments and updates on changes to cadastral documentation, land database and handing the certificates to land users;
3. Documentation for procedures as prescribed in Clause 1 of this Article includes
a) Deeds of transfer of investment capital as value of land use right according to the law provisions;
b) Cadastral measurements of land parcel in case of transfer of land use right value for a land parcel;
c) Original copy of issued certificates;
Thus, in the near future, the Government of Vietnam will implement a plan to supplement administrative procedures to formalize the document on the transfer of investment capital which is the value of land use rights to provide more details on the application for this procedure.
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