Regulations on receiving applications for and returning results of land registration in Vietnam

Regulations on receiving applications for and returning results of land registration in Vietnam
Dương Châu Thanh

The regulations on receiving applications for and returning results of registration of land and property affixed to land in Vietnam are stipulated in Decree 101/2024/ND-CP (effective from August 1, 2024).

Regulations on receiving applications for and returning results of land registration in Vietnam

The Government of Vietnam issued Decree 101/2024/ND-CP stipulating basic land survey; registration, issuance of certificates of land use rights, ownership of property affixed to land and the land information system in Vietnam.

There are regulations on receiving applications and returning results for land registration procedures, property affixed to land as follows:

(1) Agencies for receiving applications and returning results:

(1.1) Single-Window Division as regulated by the Provincial People's Committee on the implementation of receiving applications and returning results for provincial, district, and commune-level administrative procedures;

(1.2) Land Registration Office;

(1.3) Branches of the Land Registration Office.

(2) Forms of dossier submission:

The registration requester may choose one of the following forms of dossier submission:

(2.1) Direct submission at the agencies specified in clause (1);

(2.2) Submission through postal services;

(2.3) Submission at an agreed location between the registration requester and the Land Registration Office, Branches of the Land Registration Office;

(2.4) Submission on the National Public Service Portal or the Provincial Public Service Portal;

(2.5) When submitting applications at the agencies specified in clause (1) in the forms stipulated in points (2.1), (2.2), and (2.3), the registration requester can choose to submit copies of documents and present the originals for comparison by the dossier-receiving officer, submit the original documents, or submit notarized or authenticated copies as per legal regulations on notarization and authentication, except as specified in point e of this clause; for submissions under point (2.4), the submitted applications must be digitized from the originals or notarized, authenticated copies per legal regulations;

(2.6) For land registration procedures, property affixed to land involving the confirmation of changes on the issued Certificate, the registration requester must submit the original issued Certificate.

Regulations  on  Receiving  Dossiers  and  Returning  Results  for  Land  Registration  Procedures

Regulations on receiving applications for and returning results of land registration in Vietnam (Internet image)

(3) For first-time land registration, property affixed to land, the registration requester may choose the place to submit the dossier as follows:

(3.1) For land users, owners of property affixed to land who are domestic individuals, overseas Vietnamese citizens (hereinafter referred to as individuals), or community groups, the place to submit the dossier is as specified in point (1.1).

(3.2) For land users, owners of property affixed to land who are domestic organizations, religious organizations, subordinate religious organizations, foreign organizations with diplomatic functions, overseas Vietnamese, or foreign-invested economic organizations, they may choose the place to submit the dossier as specified in points (1.1) and (1.2).

(4) For registration of changes to land, property affixed to land, the registration requester may choose the place to submit the dossier as follows:

(4.1) For land users, owners of property affixed to land who are individuals or community groups, they may choose the place to submit the dossier as specified in clause (1).

In cases of re-determination of homestead land area as per clause 6 Article 141 of the Land Law, applications shall be submitted at the agency specified in point (1.1).

(4.2) For land users, owners of property affixed to land who are domestic organizations, religious organizations, subordinate religious organizations, foreign organizations with diplomatic functions, foreign-invested economic organizations, foreign organizations, and foreign individuals, they may choose the place to submit the dossier as specified in points (1.1) and (1.2).

In cases where the land user, owner of property affixed to land is an overseas Vietnamese, they may choose the place to submit the dossier as specified in clause (1).

(4.3) For cases of acquiring land use rights, ownership of property affixed to land, the place to submit the dossier follows the transferee's side and is conducted as per the provisions in points (4.1) and (4.2).

(5) Returning the results of procedure resolution to the registration requester:

- Ensure administrative procedure resolution time as per Decree 101/2024/ND-CP;

- In cases of delayed resolution within the stipulated administrative procedure resolution time, the dossier receiving and resolving agency shall notify the registration requester in writing, via electronic means, or through SMS, stating the reason;

- In cases where the registration requester submitted copies or digitized images of documents, upon receiving the administrative procedure resolution result, the registration requester must submit the original documents that are part of the dossier as per regulations, except for such documents as construction permits, investment project approval decisions, investment decisions, investment permits, and investment certificates.

(6) Based on local specific conditions, the Provincial People's Committee shall specify the agency for receiving and returning the resolution results per point (1.1), the regulations on receiving, processing, and returning the results of land registration, property affixed to land, the time frames for each step carried out by the related agencies and units, the coordinated resolution among the related agencies under the one-stop mechanism, ensuring the total time does not exceed the legally stipulated duration, and the principles stated in Decree 101/2024/ND-CP; publicly announce the administrative procedures and the locations for submitting land registration, property affixed to land applications in the locality.

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