2024's plan for inspection of the registration of security interests in land use rights or property on land in Vietnam

2024's plan for inspection of the registration of security interests in land use rights or property on land in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

On April 17, 2024, the Minister of Justice issued Decision 678/QD-BTP on 2024's plan for inspection of the registration of security interests in land use rights or property on land in Vietnam.

2024's plan for inspection of the registration of security interests in land use rights or property on land in Vietnam

The 2024's plan for inspection of the registration of security interests in land use rights or property on land will include the following two inspection contents:

(1) Inspection of the implementation of state management in the registration of security interests:

- Issuing plans for implementing state management in the registration of security interests; issuing documents on regulations on the collection, payment, management, and use of registration fees for security interests, on the publication of administrative procedures, on coordination mechanisms, and other related documents.

- Providing guidance, organizing implementation, disseminating, and popularizing laws on the registration of security interests at the local level (including: implementation of Decree 99/2022/ND-CP at the local level; frequency, methods of guidance, dissemination, and popularization of laws; time of implementation, etc.).

- Organizing training on profession and expertise regarding the registration of security interests in land use rights or property on land at the local level (including: Frequency of organizing training, methods, time of implementation, participants, content, etc.).

- Conducting inspections of the registration of security interests in land use rights or property on land at the authorized Land Registration Office (including: Issuing and implementing annual inspection plans; frequency, form, content, and results of inspections; notifying inspection conclusions; implementing inspection conclusions; monitoring the activities of security interest registration at the local level after inspections, etc.).

- Organizing the development and construction of land database to facilitate online registration of security interests in land use rights or property on land at the local level (including: activities of constructing a land database, progress, actual application level, etc.); level of information technology application in security interest registration at the current time.

- Implementing reporting mechanisms to the Ministry of Justice and the Ministry of Natural Resources and Environment on the registration of security interests in land use rights or property on land according to statistical regulations (including: frequency, form, and content of reports); coordinating with the Ministry of Justice to fulfill tasks mentioned in points a, b, c, d, g, h, and k of Clause 2, Article 55 of Decree 99/2022/ND-CP (including: frequency, content of coordination with the Ministry of Justice, etc.).

- Difficulties and obstacles arising from the organization of state management tasks and registration activities of security interests in land use rights or property on land at the local level; reasons and proposals, feedback (if any).

(2) Inspection of the registration of security interests:

To evaluate the effectiveness of state management activities regarding the registration of security interests by the competent authority at the local level, select the Land Registration Office and some branches of the Land Registration Office (hereinafter referred to as the Registration Office) to inspect the actual registration activities. To be specific:

- Validity of the documents received and processed by the registration agency (components of the documents, information provided on the registration request form, comparison of the information provided on the form with the information in the security agreement, and the information kept at the Registration Office).

- Checking compliance with legal regulations on the implementation of the registration of security interests in land use rights or property on land, including the following contents:

(i) Authority to register; refusal (number of rejected applications, forms of refusal, reasons for refusal); processing time (actual processing time, number of applications processed late compared to legal regulations (calculated by year), reasons for delay in processing).

(ii) Certification of the registration of security interests from the registration agency.

(iii) Document storage (documents included in the registration dossier; methods of dossier storage at the Registration Office (digital/physical)).

(iv) Establishment of various registers as regulated (establishment and recording of registers for the registration of security interests, including: receipt register, cadastral register, register of mortgage of off-the-plan assets on land).

(v) Provision of information (processing time, cases of refusal); (vi) Fee collection (fee rates, cases exempted from registration fees for security interests as prescribed).

- Publicly posting administrative procedures and fee rates.

- Difficulties and obstacles in the registration and provision of information on security interests by the Registration Office; reasons and proposals, recommendations (if any).

- Number of dossiers on the registration of security interests, number of information request forms submitted by the Registration Office in the years 2022, 2023, and 2024 (up to the time of inspection).

(The statistical data is determined according to Circular 03/2019/TT-BTP.).

** Inspection Schedule

In Vinh Long, Lam Dong, Dak Nong, Khanh Hoa, Phu Yen, and Binh Dinh provinces: it is scheduled to be implemented in the second and third quarters of 2024, 2 days per locality.

(The Ministry of Justice will send a document to the localities to notify them of the specific schedule in case of any changes in the inspection schedule).

** Agencies subject to inspection

- The Department of Justice is the agency assigned by the provincial People's Committee to assist the provincial People's Committee in carrying out the state management function for the registration of security interests in land use rights or property on land at the local level, as prescribed in Clause 7, Article 55 of Decree 99/2022/ND-CP.

- The Department of Natural Resources and Environment leads and coordinates with the Department of Justice in assisting the provincial People's Committee in carrying out certain tasks and powers in the state management regarding registration of security interests at the local level, as prescribed in Clause 8, Article 55 of Decree 99/2022/ND-CP.

- The Land Registration Office and some branches.

More details can be found in Decision 678/QD-BTP, which comes into force from April 17, 2024.

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