Procedures for first land registration for persons of Vietnamese descent residing overseas from August 1, 2024

Procedures for first land registration for persons of Vietnamese descent residing overseas from August 1, 2024 (Image from the Internet)

Procedures for first land registration for persons of Vietnamese descent residing overseas from August 1, 2024

According to Article 32 of Decree 101/2024/ND-CP, the procedures for first land registration for persons of Vietnamese descent residing overseas from August 1, 2024, are stipulated as follows:

(1) Land users shall submit one (1) set of application documents as prescribed in Clause 2 Article 28 of Decree 101/2024/ND-CP to the receiving agency specified in Point a or Point b Clause 1 Article 21 of Decree 101/2024/ND-CP.

For the land area that an agricultural or forestry company is allowed to continue using after review and arrangement as stipulated in Article 181 of the Land Law 2024, the procedures shall comply with the Decree that specifies the implementation of certain provisions of the Land Law 2024.

(2) The receiving agency shall:

- Issue a Receipt of Application and an Appointment Notice for Result Delivery to the applicant;- Forward the application to the Provincial People's Committee where the land is located to perform the tasks specified in (3) and (4) for organizations using land.

If the receiving agency specified in Point a Clause 1 Article 21 of Decree 101/2024/ND-CP receives the application from an persons of Vietnamese descent residing overseas inheriting land use rights as prescribed in Point h Clause 1 Article 28 of the Land Law 2024, it shall forward the application to the land registration Office to perform the tasks specified in (5).

(3) The Provincial People's Committee where the land is located shall direct the provincial land management authority to inspect the actual land use by the organization and delineate the specific boundaries of the parcel as prescribed in Clause 2 Article 142 and Clause 2 Article 145 of the Land Law 2024.

(4) The provincial land management authority shall:

- Prepare a Proposal according to Form No. 10/DK issued with Decree 101/2024/ND-CP to submit to the Provincial People's Committee for determining the form of land use by the organization, such as the case of land allocation or land lease by the State, as per Form No. 14/DK issued with Decree 101/2024/ND-CP;- In cases where the land user is required to pay land levy or land rent, determine the land price and send a Land Price Information Transfer Form to determine financial obligations for land use according to Form No. 12/DK issued with Decree 101/2024/ND-CP to the tax authority for determination and notification of the financial obligations to the land user.

(5) The land registration Office shall perform the following tasks for persons of Vietnamese descent residing overseas inheriting land use rights as prescribed in Point h Clause 1 Article 28 of the Land Law 2024:

- Solicit opinions from the Commune People's Committee to perform the tasks stipulated in Article 33 of Decree 101/2024/ND-CP;- Extract the cadastral map if a cadastral map is available;

- For areas without cadastral maps, and in the application for registration, issuance of Certificates of Land Use Rights, and ownership of assets attached to the land with a cadastral survey map, verify, and approve the cadastral survey map as prescribed in Point a Clause 5 Article 9 of Decree 101/2024/ND-CP.

If the application for registration, issuance of Certificates of Land Use Rights, and ownership of assets attached to the land does not include a cadastral survey map, perform the cadastral survey map;

- If there is a need to certify ownership of houses, construction works without documents as prescribed in Point o Clause 1 Article 28 of Decree 101/2024/ND-CP, send a written request for opinions from the district-level construction management authority regarding the legality of the existence of houses, construction works.

The district-level construction management authority shall respond in writing to the land management authority within three (3) working days;

- Verify whether the land user or owner of assets attached to the land meets the conditions for issuing Certificates of Land Use Rights, ownership of assets attached to the land as prescribed by the land law;

- Send a land registration Confirmation Notice according to Form No. 03/DK issued with Decree 101/2024/ND-CP to the place of application submission for issuance to the applicant in cases where there is no need to issue Certificates of Land Use Rights, ownership of assets attached to the land or when the applicant does not meet the conditions for issuing Certificates of Land Use Rights, ownership of assets attached to the land; record and update land registration information and asset registration information into cadastral records and the land database;

- For cases where there is a need and conditions to issue Certificates of Land Use Rights, ownership of assets attached to the land, send a Land Price Information Transfer Form according to Form No. 12/DK issued with Decree 101/2024/ND-CP to the tax authority for determination and notification of the financial obligations to the land user or asset owner; record and update land registration information and asset registration information into cadastral records and the land database.

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