Procedures for cancelling the debts on land levy and registration fee (Newest)

Procedures for cancelling the debts on land levy and registration fee in Vietnam (Newest) (Internet image)

On August 1, 2024, the Ministry of Natural Resources and Environment of Vietnam issued Decision 2124/QD-BTNMT regarding the announcement of administrative procedures in the field of land under the state's management of the Ministry of Natural Resources and Environment of Vietnam.

Procedures for cancelling the debts on land levy and registration fee in Vietnam (Newest)

(1) Implementation sequence:

* The requester submits 01 set of application documents to the One-Stop Section as prescribed by the provincial People's Committee or the Land Registration Office or its branches.

* The receiving agency has the responsibility to:

- Check the completeness of the component documents, the consistency of the information content among the papers, the completeness of the declaration content, and issue a Receipt of Application and Appointment Notice as prescribed in the Decree of the Government of Vietnam on the implementation of the one-stop, interconnected one-stop mechanism in administrative procedure resolution. In case the application is not within the jurisdiction of reception or the component documents are incomplete or do not ensure the consistency of the information content among the papers or the declaration content is not fully informed as prescribed, the application will not be accepted and will be returned to the requester.

- If the One-Stop Section receives the application, it will transfer it to the Land Registration Office or its branches.

* The Land Registration Office or its branches will update and adjust the cadastral records and the land database; issue a new Land Use Right Certificate or confirm changes on the issued Land Use Right Certificate; hand over the Certificate or send it to the receiving agency for delivery to the certificate holder.

* If during the procedure resolution process, the land user, asset owner associated with the land, stops the procedure, the person with related rights and obligations under civil law must submit proof documents to continue the procedure.

In case the person to continue the procedure is not identified or does not belong to the category eligible for the Land Use Right Certificate, the Land Registration Office or its branches are responsible for updating the cadastral record.

* If during the administrative procedure process, the receiving agency or the procedural resolving agency receives any documents specified in Clause 2, Article 19 of Decree 101/2024/ND-CP, the land registration procedure will be suspended, and the application will be returned to the requester.

For cases specified in Points b, c, d, dd, e, and g, Clause 2, Article 19 of Decree 101/2024/ND-CP, if the resolution period has expired as prescribed by law or upon receiving the competent authority's document that the land dispute has been resolved or a document canceling the suspension or temporary suspension of land registration or asset seizure, the receiving agency or procedural resolving agency will continue to implement the land registration as prescribed by law.

(2) Method of implementation:

- Submit directly at the receiving agency;- Submit via postal services;- Submit at agreed location between the requester and the branch of the Land Registration Office;- Submit on the National Public Service Portal or the provincial Public Service Portal.

(3) Component and number of application documents:

- Component documents:

+ Land and land-attached asset change registration application form (Form No. 11/DK issued with Decree 101/2024/ND-CP on basic land investigation, registration, issuance of the Land Use Right Certificate, land-attached asset ownership, and Land Information System);

+ Issued Certificate;

+ Proof of full payment of land levy debts, registration fees as per the law on land levy collection and land rent.

+ Document on legal representation in civil law for cases where land and land-attached asset registration procedure is performed via a representative.

+ When submitting the required documents, the requester can choose to submit copies and present the originals for the receiving staff to compare or submit the originals or notarized or authenticated copies as per notarization, authentication laws; for documents submitted via the National Public Service Portal or the provincial Public Service Portal, they must be digitized from the originals or notarized/authenticated copies.

For land and land-attached asset change registration procedures confirming changes on the issued Certificate, the requester submits the original issued Certificate.

If copies or digitized documents are submitted, the requester must submit the original documents upon receiving the results.

- Number of application documents: 01 set.

(4) Resolution time:

Completed within the working day of receiving the complete debt cancellation application; if the complete application is received after 3 PM, it may be resolved the next working day;

Resolution time is counted from the day of receiving a fully complete application document, ensuring information content consistency among the papers, and completeness of the declaration content; excluding the time of the competent authority's determination of land financial obligations, the land user's financial obligation fulfillment time, the time for handling legal violations concerning land use, the time for assessment solicitation, the time for public listing or media announcement, and the time for inheritance division of land use rights and land-attached assets for land use right certificate issuance procedures if the land user or asset owner dies before receiving the Certificate.

For mountainous, island, remote, difficult socio-economic conditions, or special difficult socio-economic conditions areas, the processing time is extended by 10 working days.

In localities where the provincial People's Committee has issued regulations on application reception, transfer, resolution, and result return at the request of the time, the resolution time is as agreed between the requester and the Land Registration Office but not exceeding the time prescribed by the provincial People's Committee.

More details can be found in Decision 2124/QD-BTNMT which comes into force in Vietnam from August 1, 2024.

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