Regulations on the order and procedures for granting land valuation certificates

Regulations on the order and procedures for granting land valuation certificates (Internet image)

1. Conditions for issuance of a land valuation certificate in Vietnam

Pursuant to Article 4 of Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT), an individual who is granted a land valuation certificate must fully meet the following conditions:

- The ability to perform civil acts;

- Having moral characteristics such as integrity, honesty, and objectivity;

- Having the professional qualifications outlined in Point c, Clause 2, Article 20 of Decree 44/2014/ND-CP (amended by Decree 01/2017/ND-CP and Decree 136/2018/ND-CP).

Thus, university or higher degrees in land management, cadastral, real estate, pricing, valuation, economics, finance, accounting, auditing, banking, economics -- engineering, engineering, and law are required.

- Having worked in the training field for 36 months or more after obtaining the diploma in the above discipline as prescribed in Point d, Clause 2, Article 20 of Decree 44/2014/ND-CP (amended by Decree 01/2017/ND-CP and Decree 136/2018/ND-CP);

- Having a certificate of completion of the land valuation training course under the Ministry of Natural Resources and Environment's land valuation training program.

2. Order and procedures for granting land valuation certificate in Vietnam

2.1 Application for a land valuation certificate

The application to be submitted to apply for a land price valuation certificate according to the provisions of Clause 1 and Article 5 of Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT) includes the following:

(1) An application form for a Certificate of Land Valuation, made according to the form specified in Appendix 02, issued with Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT);

(2) A certificate of completion of the refresher course on land valuation

(3) A bachelor's degree or post-graduate diploma in the discipline or major specified at Point c, Clause 2, Article 20 of Decree 44/2014/ND-CP (amended by Decree 01/2017/ND-CP and Decree 136/2018/ND-CP);

(4) An identity card, citizen identification card, or passport (collectively referred to as identification paper) of the applicant for the land valuation certificate.

(5) A certificate of the agency or organization where the working time is based on the form specified in Appendix 03, issued together with Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT);

(6) Two (02) color photos of size 4x6 cm, taken within no more than six months from the date of application for the land valuation certificate.

The papers (3), (4), (5), and (6) mentioned above are certified copies.

In case there is no authentication, the applicant for the Certificate of Land Valuation must submit the original for comparison when submitting the application file for a Land Valuation Certificate at the Office of receiving and returning results of administrative procedures of the Ministry of Natural Resources and Environment (collectively referred to as the "One-Window Office").

2.2 Order and procedures for receiving dossiers of applications for land valuation certificates in Vietnam

Pursuant to Clause 2 and Article 5 of Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT), the order and procedures for receiving dossiers of applications for a land valuation certificate are as follows: after:

- Fill out an application for a land valuation certificate:

The applicant for the Certificate of Land Price Valuation shall submit 1 set of dossiers directly at the One-Stop-Shop Office or by post to the One-Stop-Shop Office, the Ministry of Natural Resources and Environment; address: 10 Ton That Thuyet, My Dinh 1 ward, Nam Tu Liem district, Hanoi city;

- Time to receive applications:

Morning hours are 8:00 a.m. to 11:30 a.m.; afternoon hours are 13:30 to 17:00 Monday through Friday (except for public holidays and New Year's);

- Dossiers received at the One-Stop Office:

+ In the event that you apply directly at the One-Stop Office:

The dossier-receiving civil servant is responsible for checking, certifying, and writing an appointment letter to return the results to the applicant in case the dossier is complete as prescribed; he or she also provides guidance on supplementing dossiers in case the dossier components are not complete as prescribed.

+ In the case of mailing to the One-Stop Office:

If the dossier is complete as prescribed, the dossier-receiving officer is responsible for checking, confirming, and notifying the applicant of the date of the return of results via phone or email.provide instructions on supplementing dossiers by phone or via email in the case of incomplete dossiers as prescribed;

- The one-stop office must submit an application for a land price certificate to the General Department of Land Management within one working day of receiving a complete dossier;

- The General Department of Land Management is responsible for checking the dossier.

+ In cases where the conditions for granting a certificate of land price appraisal are met, the Director of the General Department of Land Management must consider and decide whether to grant the certificate of land price assessment within 15 days of receiving a complete and valid dossier.rate.

+ The decision on the grant of a certificate of land price determination according to the form specified in Appendix 05, issued together with Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT);

- The General Department of Land Management is responsible for sending the Certificate of Land Price Valuation to the One-Window Office within no more than one working day from the date of signing the decision to grant the Land Price Certificate.

2.3 Order and procedures for returning the results of granting land valuation certificates in Vietnam

Clause 3 of Article 5 of Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT) stipulates the order and procedures for returning the results of the grant of land valuation certificates:

- Individuals applying for land valuation certificates receive results directly at the one-stop office or by mail.

- The public servant responsible for issuing the land valuation certificate.

Check the identity papers and the appointment letter to return the results of the applicant's request for the certificate of land price assessment;

+ Instruct the person who comes to receive the Certificate of Land Price Valuation to sign, receive the Certificate of Land Price Valuation, and hand over the Certificate of Land Valuation.

In the case of mailing, instruct the postal staff to sign and receive the land price certificate.

- It is now time to return the results of the land valuation certificate issuance.

Morning from 8:00 a.m. to 11:30 a.m.; evening from 13:30 to 17:00 Monday through Friday (except holidays and New Year's).

3. Term of the Land Valuation Certificate in Vietnam

Pursuant to Article 7 of Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT), the land valuation certificate is valid for a period of 5 years, except for the case where the land price certificate is revoked in Section 4 below.

When a land valuation certificate is reissued, the duration of the certificate is the remaining term of the previously issued land valuation certificate.

- A certificate of land price determination is legally valid for individuals to practice as consultants to determine land prices in organizations with the function of consulting on land price determination as prescribed in Article 20 of Decree 44/2014/ND-CP (amended by Decree 01/2017/ND-CP and Decree 136/2018/ND-CP).

4. Cases of revocation of the land valuation certificate in Vietnam

Land valuation certificates are revoked in the cases specified in Article 8 of Circular 61/2015/TT-BTNMT (amended by Circular 09/2021/TT-BTNMT) as follows:

- Correcting, falsifying, or cheating on degrees or certificates, or making false statements about the working process and time in order to be eligible for the Certificate of Land Valuation as prescribed in Section 1 above;

- The person who receives the Certificate of Land Valuation loses civil capacity;

- The person who receives a certificate of land price determination lends or leases it to another person to practice as a land price determination consultant.

- Other cases as prescribed by law.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE