The Government of Vietnam has just issued Decree 101/2024/ND-CP, which stipulates for the first online registration of land and property affixed to land in Vietnam starting from August 01, 2024
First online registration of land and property affixed to land in Vietnam starting from August 01, 2024 (Image from the internet)
On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating basic land surveys; registration, issuance of Certificates of land use rights, ownership of property affixed to land, and the Land Information System in Vietnam.
Article 48 of Decree 101/2024/ND-CP stipulates the first online registration of land and property affixed to land in Vietnam, as follows:
- The first online registration application of land and property affixed to land comprises electronic documents and authenticated electronic data that fully represent all components and contents of the papers as stipulated in Article 28 of Decree 101/2024/ND-CP.
- The first online registration of land and property affixed to land in Vietnam shall comply with the laws on land and electronic transactions.
- The order and procedures for the first online registration of land and property affixed to land in Vietnam:
+ Land users, owners of property affixed to land, or persons assigned to manage land shall enter information into the electronic registration form for land and property affixed to land, and simultaneously attach the electronic registration application for land and property affixed to land on the National Public Service Portal or the provincial Public Service Portal;
+ The reception system of the National Public Service Portal or the provincial Public Service Portal shall send a response regarding the receipt of the registration application to the registrant through the Public Service Portal, email, or other electronic means;
+ The agency handling the registration of land and property affixed to land shall review the application and process administrative procedures as stipulated from Articles 31 to 36 of Decree 101/2024/ND-CP;
+ The agency handling the registration of land and property affixed to land sends the results of the administrative procedure processing to the land user, owner of property affixed to land, or person assigned to manage land, as specified in Clauses 5 and 6, Article 21 of Decree 101/2024/ND-CP.
According to Article 50 of Decree 101/2024/ND-CP, the issuance of electronic Certificates of land use rights and ownership of property affixed to land is regulated as follows:
- The electronic Certificate of land use rights and ownership of property affixed to land is an electronic document authenticated within the National Land Information System and holds the same legal value as paper-based Certificates of land use rights and ownership of property affixed to land.
- The electronic Certificate of land use rights and ownership of property affixed to land is managed centrally and uniformly within the National Land Information System nationwide.
- Provincial People's Committees shall organize the issuance of the electronic Certificates of land use rights and ownership of property affixed to land when the software, IT infrastructure, information security, and other conditions as per the regulations on electronic transactions are ensured.
More details can be found in Decree 101/2024/ND-CP, which comes into force in Vietnam from August 01, 2024.
Le Nguyen Anh Hao
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