Procedures for registering for land repurposing without requiring permission in Vietnam (Newest)

Procedures for registering for land repurposing without requiring permission in Vietnam (Newest) (Internet image)

On August 01, 2024, the Ministry of Natural Resources and Environment of Vietnam issued Decision 2124/QD-BTNMT on the publication of administrative procedures in the field of land management under the state management of the Ministry of Natural Resources and Environment of Vietnam.

Procedures for registering for land repurposing without requiring permission in Vietnam (Newest)

(1) Implementation sequence:

* The registrant submits 01 set of documents to the receiving authority:

- In case of individuals, residential community, overseas Vietnamese, the applications are submitted at the One-Stop Service Department as regulated by the provincial People's Committee or the Land Registration Office or its branches.

- In case of domestic organizations, religious establishments, religious entities affiliated, foreign organizations with diplomatic functions, and foreign-invested economic organizations, the applications are submitted at the One-Stop Service Department as regulated by the provincial People's Committee or the Land Registration Office.

* The receiving authority is responsible for:

- Checking the completeness of the components of the application, consistency of information within documents, full declaration of content; issuing the Receipt of Application and Appointment for Result according to the form specified in the Government’s Decree on implementing the one-stop and interconnected one-stop mechanism in administrative procedure resolution. In case the application is not under their jurisdiction or incomplete in components or fails to ensure information consistency or lacks required declarations, the application will not be accepted and will be returned to the registrant.

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

* The Land Registration Office or its branches perform the following tasks:

- When solving the registration procedure for land changes if the parcel has already been issued a Certificate based on cadastral maps or cadastral survey maps, the Land Registration Office or its branches do not need to re-measure and determine the parcel area, unless required by the land user or property owner.

If handling the registration of land changes where the Certificate was issued without using cadastral maps or cadastral survey maps, and the land user requires a new Certificate or falls into the category of mandatory new Certificate issuance, the Land Registration Office or its branches shall extract the cadastral map or conduct a cadastral survey for the parcel in areas with no cadastral maps or only tattered paper cadastral maps that are not restorable and not usable for digitization according to point b, clause 2, Article 4 of Decree 101/2024/ND-CP to depict the parcel diagram on the Certificate of land use rights.

The land user is recognized according to the results of the cadastral map extraction or cadastral survey and must bear the measurement costs accordingly; if measurement reveals that the parcel area exceeds that on the issued Certificate, and the parcel boundaries have not changed, the user must fulfill financial obligations for the increased homestead land area outside the prescribed limit, and additional land rent obligations as per the law at the time of previous Certificate issuance;

- Sending the Information Transfer Sheet for determining land financial obligations according to Form No. 12/DK issued alongside Decree 101/2024/ND-CP to the tax authority to identify and notify the financial obligations for cases required by law;

- Updating and rectifying changes in the cadastral records, land database; issuing new Certificates or confirming changes on already issued Certificates; delivering the Certificate or sending it to the receiving authority for handover to the recipient.

* In cases where the land user or property owner ceases the procedure midway, the relevant individuals as per civil law must submit evidence to continue the procedure.

If the successor is undecided or ineligible for the Certificate, the Land Registration Office or its branches must update the cadastral records accordingly.

* If during the procedure, the receiving or resolving authority receives any document as per Clause 2, Article 19 Decree 101/2024/ND-CP, the process will pause, and the application returned to the registrant.

For cases specified under points b, c, d, dd, e, and g, clause 2, Article 19 Decree 101/2024/ND-CP that exceed the legal resolution time or upon receiving a competent authority's document declaring dispute resolution or halting the suspension, the receiving and resolving authorities will resume the registration process as per legal regulations.

(2) Forms of implementation:

- Direct submission at the receiving authority;

- Submission via postal services;

- Submission at locations agreed upon by both the registrant and the Land Registration Office or its branches;

- Submission on the National Public Service Portal or the provincial Public Service Portal.

(3) Application components and quantity:

- Application components:

+ Application for land and property change registration per Form No. 11/DK issued alongside Decree 101/2024/ND-CP on basic land investigation, registration, issuance of land use right certificates, property ownership on land, and land information system;

+ Issued Certificate;

+ Legal document on representation as per civil law for the registration procedure through a representative.

+ When submitting documents, the registrant can choose to submit copies and present originals for verification or submit originals, or submit notarized or certified copies as per notary and attestation laws; for online submissions through the National or provincial Public Service Portals, the documents must be digitized from originals or notarized, certified copies as per the law;

For land and property change registration procedures requiring change confirmation on the issued Certificate, the registrant must submit the original Certificate.

If submitting copies or digitized documents, upon receiving the processed result, the registrant must submit the originals of the components per regulation.

- Application quantity: 01 set

(4) Processing time:

Specified by the provincial People's Committee but not exceeding 10 working days.

The processing time is counted from the day of receiving a complete and consistent application; not including the time for determining land financial obligations, the registrant's financial obligations, handling legal violations in land use, judicial inspection, public notice, media announcements, inheritance procedures for land use rights, and property ownership for deceased before Certificate issuance.

For mountainous, island, remote, disadvantaged, and especially disadvantaged areas, the processing time extends by 10 working days.

For provinces with established regulations on application handling, transfer, processing, and result delivery as per time requests, the processing time is agreed upon between the requester and the Land Registration Office but not exceeding the provincial People's Committee's specified time.

Detailed content available at Decision 2124/QD-BTNMT which comes into force in Vietnam from August 01, 2024.

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