Procedures for replacing the Certificate of land use rights in Vietnam under Decision 2124

Procedures for replacing the Certificate of land use rights in Vietnam under Decision 2124 (Internet image)

On August 1, 2024, the Ministry of Natural Resources and Environment announced, along with Decision 2124/QD-BTNMT, administrative procedures in the field of land under the scope of state management functions.

Procedures for replacing the Certificate of land use rights in Vietnam under Decision 2124

Decision 2124/QD-BTNMT 2024 guides the procedures for replacing the Certificate of land use rights, ownership of property affixed to landd as follows:

(1) Steps for implementation:

* Land users, owners of property affixed to landd

Land users, owners of property affixed to landd submit an Application to the One-Stop Division as prescribed by the Provincial People's Committee or the Land Registration Office or its branches.

* The receiving agency’s responsibilities:

- Check the completeness of the document components, the consistency of the information content among documents, the completeness of the declaration content, and issue a Receipt of application documents and an appointment for result delivery according to the form prescribed in the Decree of the Government of Vietnam regulating the implementation of the one-stop, inter-agency mechanism in administrative procedure resolution.

If the documents are not within the receiving jurisdiction or the components are incomplete or the information content among documents is not consistent or the information in the declaration is incomplete according to regulations, the documents will not be received and will be returned to the registration requester.

- If the One-Stop Division receives the application, it will forward the documents to the Land Registration Office or its branches.

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

- Extract and use information about marital status in the national population database in cases where the land use rights and ownership of property affixed to landd are jointly held by husband and wife, but the issued Certificate only records the name of the husband or wife, and now there is a request to renew the Certificate to include both names.

In cases where information about marital status cannot be extracted, the land user, owner of property affixed to landd must submit a copy of the marriage registration or other marital status documents.

For changes in the address of the parcel recorded in the Certificate as prescribed in point h clause 1 Article 38 of Decree 101/2024/ND-CP on basic land investigation, registration, issuance of the Certificate of land use rights, ownership of property affixed to landd, and the land information system, the agency resolving the procedure uses information from the competent state agency’s document on the change to resolve the procedure;

- If the position of the parcel recorded in the issued Certificate is inaccurate compared to the actual land use position at the time of issuance, conduct a field inspection and compare it against the registration documents to determine the correct parcel position;

- If the issued Certificate does not use cadastral maps or extract measurement maps of the parcel, conduct the following:

+ When resolving land fluctuation registration procedures and the parcel has been certified according to a cadastral map or from an extract measurement map, the Land Registration Office does not have to re-measure and determine the parcel area, unless the land user, owner of property affixed to landd requests it.

+ In cases where the registered fluctuation procedures are being conducted and the issued Certificate does not use cadastral maps or extract measurements, and the land user requests a new Certificate or is required to obtain a new Certificate, the Land Registration Office will conduct an extract of the cadastral map or measure the parcel extract where there is no cadastral map or where existing cadastral maps are torn, unusable, and cannot be digitized according to point b clause 2 Article 4 of Decree 101/2024/ND-CP dated July 29, 2024, to create a diagram of the parcel on the Certificate of land use rights and asset ownership.

+ Land users are recognized according to the results of the extract of the cadastral map or the extract measurement, and must pay measurement costs as prescribed; in cases where the re-measured area of the parcel is larger than the area on the issued Certificate, and the parcel boundary has not changed since the time the Certificate was issued, land users must fulfill their financial obligations regarding the additional homestead land area that exceeds the homestead land limit, as well as any increased land rent according to law at the time of the previous Certificate issuance;

- Send an Information Transfer Form to determine financial obligations regarding land according to Form No. 12/DK issued with Decree 101/2024/ND-CP on basic land investigation, registration, issuance of the Certificate of land use rights, ownership of property affixed to landd, and the land information system to the tax authority to determine and notify financial obligations to be fulfilled.

- Adjust and update fluctuations into cadastral records, the land database; issue the Certificate; deliver the Certificate or send it to the receiving agency to hand it over to the grantee.

If the Certificate is being renewed due to cadastral map measurement and the mortgagor holds the Certificate, the Land Registration Office informs the list of cases requesting the Certificate on land use rights and asset ownership attached to the land’s issuing procedure to the mortgagee; certifies the mortgage registration on the newly issued Certificate.

Delivery of the Certificate on land use rights and assets attached to the land is carried out simultaneously between three parties: the Land Registration Office, its branches, the land user, the asset owner, and the mortgagee; the land user, asset owner signs and receives the new Certificate from the Land Registration Office, its branch to hand over to the mortgagee; the mortgagee is responsible for submitting the old mortgaged Certificate to the Land Registration Office, its branch for management.

* If during the processing procedure, the land user, asset owner does not continue, individuals with related rights and obligations under civil law submit proof documents to continue the procedure.

If a continuing person is not determined or the continuing person is not eligible for the Certificate, the Land Registration Office, its branches must update the cadastral records.

If the documents are incomplete regarding components or ensure information consistency among documents or if the information in the declaration is incomplete, registration will not be accepted and the documents will be returned to the requester.

(2) Methods of implementation:

a) Submit directly at the receiving agency;

b) Submit via postal service;

c) Submit at a location agreed upon between the registration requester and the Land Registration Office, its branches;

d) Submit on the National Public Service Portal or the provincial Public Service Portal.

(3) Document components and quantity:

- Document components:

+ Land fluctuation registration application, property affixed to landd according to Form No. 11/DK issued with the Decree and the issued Certificate.

For cases stipulated in point g clause 1 Article 38 of Decree 101/2024/ND-CP on basic land investigation, registration, the issuance of the Certificate of land use rights, ownership of property affixed to landd, and the land information system, the land fluctuation registration application, property affixed to landd according to Form No. 11/DK issued with Decree 101/2024/ND-CP, regarding basic land investigation, registration, issuance of Certificates of land use rights, and property affixed to landd, must show the information of the members jointly holding land use rights of the family.

+ Extract measurement of cadastral map parcels for cases of changing dimensions, area, parcel numbers due to a new measurement of cadastral maps that do not change parcel boundaries.

- Document quantity: 01 set.

(4) Processing time:

As regulated by the Provincial People's Committee but not exceeding the following stipulated durations:

- For cases stipulated in points a, b, c, d, đ, e, g, and h clause 10 of Decree 101/2024/ND-CP, not more than 05 working days;

- For cases stipulated in point i clause 10 of Decree 101/2024/ND-CP, not more than 10 working days, except for cases mentioned in point c of this clause;

- For bulk renewals for multiple land users due to new cadastral map measurement, the processing time follows the approved project authorized by the competent authority.

Processing time is counted from the day the complete documents are received, ensuring the completeness of document components, information consistency among documents, and declaration content completeness; not counting the time for competent authorities to determine the financial obligations regarding land, the time to fulfill these financial obligations, the time for considering and handling cases of law violations regarding land use, expert examination time, public listing time, media notification times, time to handle inheritance procedures of land use rights, property affixed to landd when the user/owner dies before the Certificate is issued.

For mountainous, island, remote, isolated, economically difficult areas or areas with special economic difficult conditions, processing time is extended by 10 working days.

For localities where the Provincial People's Committee has issued regulations on receiving, forwarding, processing and delivering procedure resolution results according to demand in terms of time, the resolution time follows the agreement between the demander and the Land Registration Office but does not exceed the regulated processing time of the Provincial People's Committee.

(5) Subjects eligible for administrative procedure:

- Domestic organizations, religious organizations, religious sub-organizations, foreign organizations with diplomatic functions, overseas Vietnamese, economic organizations with foreign investment; foreign organizations, individuals.

- Individuals, communities.

(6) Agencies conducting administrative procedure:

Authorized agencies:

- The Land Registration Office handles domestic organizations, religious organizations, religious sub-organizations, foreign organizations with diplomatic functions, economic organizations with foreign investment; foreign organizations, individuals.

- The Land Registration Office or its branches handle individuals, communities, and overseas Vietnamese.

Direct administrative procedure agency: The Land Registration Office or its branches.

Cooperating agencies (if any): The tax authority.

(7) Result of the administrative procedure:

- Recorded in cadastral records; updated in the land database and file for state management;

- Certificate.

(8) Fees, charges (if any):

According to the Law on Fees and Charges and guiding documents.

(9) Name of application form, declaration form:

- Form No. 11/DK issued with Decree 101/2024/ND-CP on basic land investigation, registration, issuance of the Certificate of land use rights, ownership of property affixed to landd, and the land information system.

(10) Requirements, conditions for administrative procedure implementation (if any):

The renewal of the issued Certificate is conducted in the following cases:

- The land user requests to change the issued Certificate before August 1, 2024, to the Certificate of land use rights, ownership of property affixed to landd;

- The issued Certificate is smudged, blurred, torn, or damaged;

- The issued Certificate covers multiple parcels and is now being divided into individual parcels according to the land user's request and in cases where there are multiple parcels on one Certificate of which some meet the conditions for Certificate revocation as stipulated in points d, đ, e clause 2 and clause 5 Article 152 of the Land Law 2024.

- The land use purpose recorded on the issued Certificate according to the land law at the time of issuance does not match the land classification purpose as specified in Article 9 of the Land Law 2024 and as specified in Decree 102/2024/ND-CP detailing the implementation of certain articles of the Land Law 2024;

- The parcel's position on the issued Certificate does not match the actual land use position at the time of issuance;

- The land use rights, ownership of property affixed to landd are jointly held by husband and wife, but the issued Certificate only records the name of the husband or wife, and now there is a request to renew the Certificate to include both names;

- The issued Certificate records the name of the household, and now the members jointly holding the land use rights of that household request the renewal of the Certificate to include all the names of the members jointly holding the land use rights of that household;

- Change in the address of the parcel recorded in the issued Certificate;

- Change in dimensions, area, parcel numbers due to new cadastral map measurement without changing parcel boundaries.

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