Strengthening the rectification of procedures for land registration and issuance of certificates in Vietnam

Strengthening the Rectification of Procedures for Land Registration and Issuance of Certificates (Image from the internet)

On September 20, 2024, the Department of Land Registration and Information Data issued Official Dispatch 1277/CDKDLTTDD-DKDD on strengthening the rectification of procedures for land registration and issuance of certificates.

Strengthening the Rectification of Procedures for Land Registration and Issuance of Certificates

In compliance with Land Law 2024, Decree 101/2024/ND-CP dated July 29, 2024, of the Government of Vietnam prescribing the basic land investigation; registration, issuance of certificates of land use rights, ownership of assets attached to land, and land information system, and Decision 2124/QD-BTNMT dated August 1, 2024, of the Minister of Natural Resources and Environment on the announcement of administrative procedures in the field of land management under the authority of the Ministry of Natural Resources and Environment, the Department of Land Registration and Information Data proposes that the Natural Resources and Environment Departments of provinces and cities directly under the Central Government focus on implementing certain contents related to the issuance of Certificates of land use rights, ownership of assets attached to land (hereinafter referred to as Certificates) as follows:

- Review regulations on the competence for issuing Certificates to recommend amendments and supplements ensuring conformity with the competence for issuing Certificates per Article 136 of the Land Law 2024.

- Urgently advise on the preparation and presentation for the promulgation and disclosure of a list of administrative procedures concerning land under the jurisdiction of agencies at the local level in accordance with the legal regulations on administrative procedure control.

- Report to the People's Committee of provinces and cities directly under the Central Government to specifically decide on the agency responsible for receiving and returning results of administrative procedures and regulations on receipt, transfer, resolution, and return of land registration procedures, other assets attached to land, timeline for each related agency, ensuring no more than the total time prescribed by law; coordination regulation in performing functions, tasks, powers between the Office of Land Registration, Branch of the Land Registration Office with the district-level land management agency, district-level People's Committee, financial agency, tax agency, and other related organizations, units.

- Report to the People's Committee of provinces and cities directly under the Central Government to direct the organization of implementing land-related administrative procedures in accordance with the law, assigning specific responsibilities to each level, sector, and individual organization, to deeply propagate public service ethics to each organization and individual implementing land administrative procedures; strictly control the process, timeline for resolving land administrative procedures ensuring clarity in terms of persons, responsibilities, tasks, time for resolution, reinforcing discipline, working style, attitude, behavior of officials and public employees while performing duties, especially in departments directly interacting with the citizens and businesses.

- Direct agencies resolving land administrative procedures not to request additional documents from citizens and businesses that are not required by law; including:

+ In cases where the Certificate was issued to a household representative before the Land Law 2024 came into effect, they may participate in legal land relations as a group of land users with shared land use rights as prescribed in Clause 1, Article 259 of the Land Law 2024.

The    determination    of    members    with    shared    land    use    rights    is    to    be    agreed    upon    by    these    household    members    and    they    shall    bear    responsibility    before    the    law;    the    dossier    components    for    procedure    execution    do    not    require    submission    of    documents    by    competent    authorities    confirming    the    number    of    household    members    (population)    at    the    time    when    the    State    allocates    land,    leases    land,    recognizes    land    use    rights,    or    receives    land    use    right    transfer.

+ In cases of registration for fluctuation concerning the acquisition of land use rights, ownership of assets attached to the land, the recording of information about land users, asset owners attached to the land on the Certificate is to be based on documents establishing rights for land users, asset owners attached to the land, consistent with civil law regulations, and land law; dossier components for procedure execution do not require submission of documents proving marital status.

Detailed content can be viewed at Official Dispatch 1277/CDKDLTTDD-DKDD, effective from September 20, 2024.

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