Responsibilities of the agency receiving application and handling procedures for registration of land and property affixed to land in Vietnam from August 1, 2024

Responsibilities of the agency receiving application and handling procedures for registration of land and property affixed to land in Vietnam from August 1, 2024 (Image from the Internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP detailing basic land surveys; registration, issuance of Certificate of Land Use Rights, ownership of property affixed to land, and the Land Information System in Vietnam.

Responsibilities of the agency receiving application and handling procedures for registration of land and property affixed to land in Vietnam from August 1, 2024

According to Article 19 of Decree 101/2024/ND-CP, the responsibilities of the agency receiving application and handling procedures for registration of land and property affixed to land in Vietnam are as follows:

- The receiving agency, per Clause 1 of Article 21 of Decree 101/2024/ND-CP, is responsible for:

+ Checking the completeness of the application’s components, ensuring consistency in the information among the papers, completeness of the declared content, and issuing a receipt of the application along with an appointment notice for result collection according to the template regulated by the Government of Vietnam on implementing the one-stop-shop mechanism in administrative procedures;

+ Not requiring additional documents or information beyond those stipulated in Decree 101/2024/ND-CP.

- The receiving agency and the agency handling procedures shall not accept or will cease processing applications for registration of land and property affixed to land, and return the application to the requester, except for First land registration without issuing the Certificate of Land Use Rights, ownership of property affixed to land, in the following cases:

+ Not within the competence of the receiving agency or incomplete application components, or inconsistency in information content among papers, or incomplete information declaration;

+ Receiving documents from civil judgment enforcement agencies or competent authorities requesting to temporarily halt or stop the registration and issuance of Certificates of Land Use Rights, ownership of property affixed to land for properties under enforcement as per law;

+ Receiving a notice of asset seizure for judgment enforcement;

+ Receiving documents from Commune People’s Committee, District People’s Committee, Provincial People’s Committee, or the Minister of Natural Resources and Environment about the acceptance of applications for land dispute mediation or dispute resolution;

+ Receiving documents from the competent People's Court about the acceptance of applications for land dispute resolution, property affixed to land;

+ Receiving documents from the Vietnam Commercial Arbitration on accepting applications for resolving commercial disputes involving land or property affixed to land;

+ Receiving a request to stop administrative procedures on land to apply temporary emergency measures from competent authorities;

+ In cases of land use rights, ownership transfer of property affixed to land where the land use rights, ownership of property affixed to land are mortgaged and registered at the Land Registration Office, Branch Land Registration Office, but the transfer registration application lacks the mortgagee’s consent document;

+ In cases where the investor has mortgaged and registered the mortgage of housing development projects, housing in future developments, non-housing construction projects, agricultural investment projects, forest development projects, or other projects using land or constructions in these projects, but has not registered for the reduction of the mortgaged assets upon transfer or sale of these assets, unless there is an agreement between the mortgagee and the asset purchaser to continue mortgaging the assets and register the change of security provider as per the regulations on collateral registration.

- For cases stated in Points b, c, d, dd, e, and g of Clause 2 Article 19 of Decree 101/2024/ND-CP, where the processing period exceeds the legal time limit or upon receiving a resolution document from competent authorities about resolving the land dispute or lifting the halt on land registration procedures, asset associated with land, the receiving and handling agencies shall proceed with the registration of land and property affixed to land as prescribed by law.

- For the registration and issuance of the Certificate of Land Use Rights, ownership of property affixed to land to transferees of land use rights, ownership of houses, construction works in real estate projects, the Land Registration Office, Branch Land Registration Office is responsible for checking the completeness of application components as per Clauses 1 and 2 Article 41 of Decree 101/2024/ND-CP and not for the conditions of land use rights transfer, sale of houses, sale of constructions, construction items as per laws on housing, construction, and real estate business.

Update on the time for carrying out procedures for registration of land and property affixed to land, issuance of Certificates of Land Use Rights, and ownership of property affixed to land in Vietnam

According to Article 22 of Decree 101/2024/ND-CP, the updated time frame for procedures for registration of land and property affixed to land, issuance of Certificates of Land Use Rights, and ownership of property affixed to land is as follows:

- First registration of land and property affixed to land is no more than 20 working days; issuance of Certificates of Land Use Rights, ownership of property affixed to land for the first time is no more than 03 working days.

- For land use rights changes, assets attached to land, issuance of Certificates of Land Use Rights, and ownership of property affixed to land, the time frame is as follows:

+ In the case of agricultural land use rights transfer not following land consolidation or transfer plans or in the case of transfer, inheritance, donation of land use rights, property ownership rights attached to the land, capital contribution by land use rights, property ownership rights attached to the land is no more than 10 working days;

+ In the case of selling or contributing capital with assets attached to land leased annually by the state, the time frame is no more than 10 working days, excluding the time to determine land prices, sign land lease contracts;

+ In the case of sub-leasing land use rights in infrastructure construction business projects, the timeframe is no more than 05 working days;

+ In the case of deregistering sub-leasing of land use rights in infrastructure construction business projects, the timeframe is no more than 03 working days;

+ In the case of changing names or information about land users, property owners attached to the land, the time frame is no more than 05 working days; in the case of reducing parcel area due to natural erosion, the time frame is no more than 10 working days;

+ In the case of changes in land use rights restrictions, property ownership rights attached to the land, or changes in adjacent parcel rights, the time frame is no more than 07 working days;

+ In the case of households, individuals establishing private enterprises and using land for business operations, the time frame is no more than 10 working days, excluding the time to determine land prices, sign land lease contracts;

+ In the case of registering property ownership attached to parcels already granted Certificates, the time frame is no more than 10 working days; for properties already certified on the issued Certificate that require change registration, it is no more than 07 working days;

+ In the case of changing land use rights, property ownership rights attached to the land due to division, merger, or change in organizational structure or agreements between family members, spouses, or joint land users, the time frame is no more than 08 working days;

+ In the case of land use rights procurement, property ownership rights attached to the land under dispute settlement, complaints, and accusations resolution on land, the time frame is no more than 08 working days;

+ In the case of land use rights procurement, property ownership rights attached to the land due to handling of collateral, the time frame is no more than 08 working days;

+ In the case of changes to land use rights for constructing above-ground works serving the operation, exploitation, and use of underground works, and rights to underground works, the time frame is no more than 15 working days;

+ In the case of selling property, transferring or converting land use rights as public assets according to the law on public property management and use, the time frame is no more than 10 working days;

+ In the case of debt erasure for land levy, registration fees, the resolution time is within the working day when the complete debt clearance dossier is received; if the full dossier is received after 3:00 PM on the same day, debt cancellation can be resolved on the next working day;

+ In the case of issuing Certificates of Land Use Rights, property ownership rights attached to the land following detailed construction planning or adjustments in detailed construction planning as stipulated in Clause 3, Article 23 of Decree 101/2024/ND-CP, the time frame is no more than 05 working days;

+ In the case of registering changes in land use purposes stipulated in Clause 3, Article 121 of Land Law 2024, the time frame is no more than 10 working days.

- In the case of re-issuing issued Certificates, the time frame is as follows:

+ In cases stipulated in points a, b, c, d, dd, e, g, and h of Clause 1, Article 38 of Decree 101/2024/ND-CP, the time frame is no more than 05 working days;

+ In cases stipulated in point i of Clause 1, Article 38 of Decree 101/2024/ND-CP, the time frame is no more than 10 working days, except for the case stipulated in point c, Clause 3, Article 22 of Decree 101/2024/ND-CP;

+ In the case of collective re-issuance for many land users due to cadastral map measurements, the execution time will comply with the project approved by competent authorities.

- In the case of parcel separation or merger stipulated in Article 7 of Decree 101/2024/ND-CP, the time frame is no more than 15 working days.

- In the case of re-issuing issued Certificates due to loss is no more than 10 working days, excluding the time for posting a notice of lost Certificates at the commune-level People's Committee, the time for posting on mass media.

- In the case of registering, issuing Certificates of Land Use Rights, property ownership rights attached to the land for the recipient of land use rights, property ownership rights in real estate projects, the time frame is no more than 10 working days.

- In the case of re-determining homestead land area is no more than 20 working days.

- In the case of correcting issued Certificates, the time frame is no more than 10 working days.

- In the case of revoking and canceling issued Certificates, the time frame is no more than 25 working days; in the case of revoking first-time issued Certificates, the time frame for registering and re-issuing Certificates follows the provisions in Clause 1, Article 22 of Decree 101/2024/ND-CP; in the case of revoking issued Certificates due to changes, the time frame for re-issuing Certificates follows the provisions for each case of change registration in Article 22 of Decree 101/2024/ND-CP.

- The time specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 22 of Decree 101/2024/ND-CP is calculated from the date of receipt of the complete and unified dossier as stipulated in point a, Clause 1, Article 19 of Decree 101/2024/ND-CP; not counting the time for the competent authority to determine the financial obligations on land, the time for land users to fulfill financial obligations, the time to consider and handle cases of land use violations, the time for assessment, public posting, mass media, the time for inheritance procedures related to land use rights, properties attached to the land when the land user, property owner dies before receiving the Certificates.

For mountainous, island, remote, and economically challenged areas, the execution time for each type of procedure stipulated in Article 22 of Decree 101/2024/ND-CP is extended by 10 working days.

- The administrative procedure-handling agency stipulated in Decree 101/2024/ND-CP is responsible for handling within the stipulated time frame of their agency, not responsible for the administrative procedure-handling time in other agencies.

- The execution time for multiple simultaneous land registration procedures and assets attached to the land will be decided by the Provincial People's Committee, but should not exceed the total execution time for each procedure.

In cases where real estate project investors wish to submit multiple registration and issuance applications for Certificates of Land Use Rights, property ownership rights attached to the land simultaneously, the Provincial People's Committee will decide the administrative procedure-handling time, ensuring it does not exceed the time prescribed for each individual procedure stipulated in Article 22 of Decree 101/2024/ND-CP.

More details can be found in Decree 101/2024/ND-CP which comes into force in Vietnam from August 1, 2024.

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