Procedures for registering for land repurposing without requiring permission from a competent regulatory agency in Vietnam

Procedures for registering for land repurposing without requiring permission from a competent regulatory agency in Vietnam (Image from the Internet)

Procedures for registering for land repurposing without requiring permission from a competent regulatory agency in Vietnam

The procedures for registering for land repurposing without requiring permission from a competent regulatory agency in Vietnam are specified in Decision 2124/QD-BTNMT dated August 1, 2024. To be specific:

* Procedure steps:

(1) The applicant submits 01 set of documents to the reception department:

- For individuals, communities, overseas Vietnamese, documents are submitted at the One-Stop-Shop department as per the regulations of the Provincial People's Committee or the Land Registration Office or its branches.

- For domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, foreign-invested economic organizations, documents are submitted at the One-Stop-Shop department as per the regulations of the Provincial People's Committee or the Land Registration Office.

(2) The document reception agency is responsible for:

- Checking the completeness of the document components, consistency in information across papers, completeness of declared information, and issuing a document receipt and appointment slip as per the form stipulated in Decree 61/2018/ND-CP. In case the documents are not under their authority or are incomplete or inconsistent in information across papers or lack complete declared information as per regulations, they will not be accepted and will be returned to the applicant.

- If the documents are received at the One-Stop-Shop department, they will be forwarded to the Land Registration Office or its branches.

(3) The Land Registration Office or its branches will carry out the following tasks:

- When processing the land registration change procedure for a parcel that has been issued a Certificate according to the cadastral map or cadastral measurement, the Land Registration Office or its branches will not re-survey to determine the parcel area unless requested by the land user, land-attached property owner.

- For land registration change procedures where the issued Certificate does not use the cadastral map or cadastral measurement, or if the land user requests a new Certificate or falls under cases requiring a new Certificate, the Land Registration Office or its branches will extract the cadastral map or perform cadastral measurement for areas that do not have a cadastral map or only have a damaged paper cadastral map that cannot be restored and digitized as per point b, clause 2, Article 4 of Decree 101/2024/ND-CP to exhibit the diagram on the Land Use Right Certificate.

- The land user is recognized according to the results of the cadastral map extraction or cadastral measurement and must pay for the surveying costs as per regulations. If the measurement shows that the parcel area is larger than that on the previously issued Certificate, and the boundaries have not changed since the issuance, the land user must fulfill financial obligations for the additional homestead land area beyond the allowable limit and land rent for the additional area as per the law at the time of the previous Certificate issuance;

- Send the Information Transfer Form to determine financial obligations regarding land as per Form No. 12/DK attached to Decree 101/2024/ND-CP to the tax authority for determining and notifying the financial obligations for cases required to fulfill financial obligations per law.

- Update changes in the cadastral records, land database; issue a new Certificate or confirm changes on the issued Certificate; hand over the Certificate or send it to the document reception agency for forwarding to the recipient.

(4) In cases where the land user, land-attached property owner does not continue the procedure during the processing, the person with legal rights and obligations under civil law must submit documents proving this to continue the procedure.

If it is not possible to determine the person continuing the procedure or the person continuing the procedure is not eligible to be issued a Land Use Right Certificate, the Land Registration Office or its branches must update this in the cadastral book.

(5) If during the administrative procedure resolution, the document reception or resolution authority receives any documents as stated in clause 2, Article 19 of Decree 101/2024/ND-CP, the land registration and land-attached property registration procedure will be suspended, and the documents will be returned to the applicant.

In cases stipulated in points b, c, d, dd, e, and g of clause 2, Article 19 of Decree 101/2024/ND-CP where the resolution time exceeds the stipulated period or a document from the competent authority confirming the dispute resolution or canceling the suspension of land registration, land-attached property registration, asset sequestration is received, the document reception and resolution authority will resume the land registration and land-attached property registration procedures according to the law.

* Method of implementation:

- Submitting directly at the document reception agency;

- Submitting via postal services;

- Submitting at a location agreed upon between the applicant and the Land Registration Office or its branches;

- Submitting on the National Public Service Portal or the Provincial Public Service Portal.

* Document components:

(1) Land and land-attached property change registration application as per Form No. 11/DK attached to Decree 101/2024/ND-CP;

(2) The issued Certificate;

(3) Documents on representation as per civil law for cases of land and land-attached property registration through a representative.

(4) When submitting documents, the applicant may choose to submit copies and present the originals for verification by the receiving officer or submit the originals or notarized or certified copies as per the law on notarization and certification. For electronic submissions on the National Public Service Portal or the Provincial Public Service Portal, the documents should be digitized from the originals or notarized copies as per the law.

For procedures confirming changes on the issued Certificate, the applicant must submit the original Certificate.

In cases where copies or digitized documents are submitted, the applicant must present the originals during the administrative procedure's result collection.

* Settlement:

- Determined by the Provincial People's Committee but not exceeding 10 working days.

- For mountainous, island, remote areas, areas with difficult socioeconomic conditions, or extremely difficult socioeconomic conditions, the timeframe may be extended by 10 working days.

- For localities where the Provincial People's Committee has issued regulations on receiving, transferring documents, processing, and returning administrative procedure results based on agreed timelines, the resolution time will follow the agreement between the applicant and the Land Registration Office but not exceed the timeframe stipulated by the Provincial People's Committee.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE