Summary of time limits for carrying out administrative procedures for land use rights certificates in Hanoi, Vietnam

10:05, 14/11/2022

How is the implementation of administrative procedures regarding land use rights certificates in Hanoi, Vietnam regulated? Duy Hung (Hanoi)

Summary of time limits for carrying out administrative procedures for land use rights certificates in Hanoi, Vietnam (Internet image)

Decision 4135/QD-UBND issued by the Hanoi People's Committee on October 30, 2022, regulating the publication of the list of administrative procedures in the land sector in Hanoi city

The time limit for carrying out administrative procedures on Land Use Rights Certificates falls under the deciding authority of the Hanoi People's Committee, as follows:

1. Administrative procedures for land use rights certificates fall under the decision-making authority of the Hanoi People's Committee in Vietnam

Administrative procedures fall under the deciding authority of the City People's Committee
1.	Approval from competent state agencies for economic organizations to transfer, receive capital contributions, or lease agricultural land use rights to carry out non-agricultural production and business investment projects	25 working days (not including time for comments from Departments and Sectors)
2	Adjust the Prime Minister's decisions on land recovery, land allocation, land lease, and permission to change land use purposes issued before July 1, 2004.	20 working days from the date of receipt of complete and valid documents. 30 working days from the date of receipt of complete and valid documents (in case the adjustment causes a change in land use structure as shown in the Prime Minister's decision)
3.	Resolve land disputes falls under the authority of the Chairman of the Provincial People's Committee	60 working days
4.	Land allocation or land lease is not through auction of land use rights for projects that must be submitted to a competent state agency for approval or must be issued an investment certificate and the person applying for land allocation or land lease is an organization. organizations, religious establishments, Vietnamese residing abroad, foreign-invested enterprises, foreign organizations with diplomatic functions	20 working days (excluding site clearance time; excluding time to fulfill financial obligations of the land user)
5.	Land allocation or land lease is not through the form of auction of land use rights for projects that do not have to be submitted to a competent state agency for approval; The project does not require an investment certificate; In cases where a construction investment project is not required, the person applying for land allocation or land lease is an organization, religious establishment, Vietnamese residing abroad, a foreign-invested enterprise, or an organization. Foreign countries have diplomatic functions	20 working days from the date of receipt of complete and valid documents (excluding time for site clearance; excluding time for determining and fulfilling financial obligations of the land user)
6.	Chang land use purposes must be permitted by competent authorities for organizations, Vietnamese people residing abroad, and foreign-invested enterprises.	15 working days (excluding the time to fulfill the land user's financial obligations)
7.	Register and issue Certificate of land use rights, ownership of houses and other assets attached to land for the 1 time	- 30 working days (for cases that must be submitted to the City People's Committee) - 15 working days (for cases that do not have to be submitted to the City People's Committee)
8.	Sell or contribute capital with assets attached to land leased from the State in the form of annual land lease payments.	- 20 working days (for land rental procedures) - 10 Days for procedures related to Land Use Rights Certificate.
9.	Issue Certificate of land use rights, ownership of houses and other assets attached to land to people who have registered land use rights for the 1 time	- 30 working days (for cases that must be submitted to the City People's Committee) - 15 working days (for cases that do not have to be submitted to the City People's Committee)
10.	Registration of changes in case of changing from land lease with annual payment to land lease with one-time payment for the entire lease period or from land allocation without collection of land use fees to land lease or from land lease to land allocation with collection of land use fees	15 working days from the date of receipt of complete and valid documents
11.	Extension of land use outside high-tech zones and economic zones	07 working days
12.	Procedures for land recovery for defense and security purposes; socio-economic development for national and public benefits.	8 working days
13.	Procedures for land recovery due to termination of land use according to law, voluntary return of land in cases of land recovery from organizations, religious establishments, foreign organizations with diplomatic functions, and Vietnamese people residing abroad, foreign-invested enterprises.	15 working days
14.	Procedures for land recovery in environmentally polluted areas that pose a threat to human life; Residential land at risk of landslides, subsidence, or affected by other natural disasters that threaten human life in cases of recovery of residential land belonging to housing projects of economic organizations or Vietnamese settlers In foreign countries, enterprises with foreign investment capital.	15 working days

2. Administrative procedures for land use rights certificates fall under the decision-making authority of the Department of Natural Resources and Environment in Vietnam

Administrative procedures fall under the decision-making authority of the Department of Natural Resources and Environment
1.	Appraise land use needs: appraisal of conditions for land allocation and land lease not through auction of land use rights, conditions for allowing change of land use purpose to implement investment projects for organizations, religious establishments, Vietnamese residing abroad, foreign-invested enterprises, foreign organizations with diplomatic functions	15 working days
2.	Register land use rights for the 1 time	08 working days
3.	1-time land registration in cases where land is allocated by the State for management.	10 working days from the date of receipt of complete and valid documents.
4.	Register and issue a Certificate of land use rights, ownership of houses and other assets attached to land for the 1 time for assets attached to land whose owner is not also the land user.	30 working days
5.	Delete registration of lease, sublease, capital contribution with land use rights, ownership of assets attached to land	03 working days
6.	Register changes in land use and assets attached to land due to changes in information about the person granted the Certificate (change of name or legal documents, personal documents, address); Reduction in land plot area due to natural landslides: changes in restrictions on land use rights; Changes in financial obligations: changes in assets attached to land compared to the registered content and issuance of Certificate	10 working days
7.	Register to establish limited use rights of the adjacent land plot after being granted the Certificate for the 1 time and register to change or terminate the limited use rights of the adjacent land plot	10 working days
8.	Split or combine land plots	15 working days
9.	Renewal of Certificates of land use rights, ownership of houses and other assets attached to land	07 working days
10.	Correction of issued Certificate	10 working days
11.	RevokeCertificates issued in contravention of land law regulations by land users. Owners of assets attached to the discovered land	08 working days
12.	Register changes to assets attached to land in the issued Certificate	10 working days for all valid documents
13.	Register and issue certificates of land use rights, ownership of houses, and other assets attached to land in cases where land use rights have been transferred before July 1, 2014, to the transferor who has been granted a Certificate but has not yet carried out the transfer procedures according to regulations.	- 30 working days (in case of appraisal of transfer conditions and receipt of transfer of land use rights or sale of housing by the project investor) - 15 working days (in case of granting a Certificate to the recipient of land use rights transfer, housing purchase, construction works in housing development projects)
13.	Register and issue Certificate of land use rights, ownership of houses and other assets attached to land for cases where land use rights have been transferred before July 1, 2014 and the transferor has been granted a Certificate. certified but have not yet carried out the procedures for transfer of rights according to regulations.	10 working days
14.	Registering changes in land use rights and ownership of assets attached to land in cases of conversion, transfer, lease, sublease, inheritance, donation, capital contribution with land use rights or land use rights. own assets attached to land; transfer land use rights, ownership of assets attached to land of husband or wife into the common property of husband and wife: increase the area due to transfer, inheritance, or donation of land use rights that already have a Certificate.	- In case of conversion, transfer, inheritance, donation, capital contribution registration: 10 working days. - In case of rental or sublease: 03 working days. - In case of transferring land use rights or ownership of assets attached to land of husband or wife into joint property of husband and wife: 05 working days.
15.	Registering changes in land use rights and ownership of assets attached to land in cases of resolving disputes, complaints and denunciations about land; handling debt from mortgage contracts and capital contributions; distraint and auction of land use rights and assets attached to land to enforce judgments; division, separation, consolidation, merger of organizations; agreement to consolidate or divide land use rights and assets attached to land of households, husbands and wives, and groups of land users; Registration of changes in cases where households and individuals transfer land use rights to businesses	10 working days
16.	Reissue the Certificate or reissue an additional page of the Certificate due to loss	10 working days
17.	Registering to change land use purpose does not require permission from a competent state agency	10 working days
19.	Transfer of investment capital is the value of land use rights	10 working days
20.	Confirmation of continued use of agricultural land by households and individuals after the land use term expires in case of need	05 working days
21.	Converting agricultural land use rights of households and individuals.	10 working days

3. List of administrative procedures for land use rights certificates under the jurisdiction of the district level in Vietnam

List of administrative procedures under the jurisdiction of the district level
1.	Resolving land disputes falls under the authority of the Chairman of the District People's Committee	45 working days
2	Appraisal of land use needs to consider land allocation or land lease without auctioning land use rights for households, individuals, and residential communities	20 working days
3.	Allocate and lease land to households and individuals; land allocation to residential communities in cases of land allocation or land lease not through auction of land use rights	20 working days
4.	Changing land use purposes must be permitted by a competent state agency for households and individuals.	15 working days
5.	Extension of land use outside high-tech zones and economic zones	10 working days
6.	Correction of issued Certificate	10 working days
7.	Revocation of Certificates issued in contravention of land law regulations discovered by land users and owners of assets attached to land.	08 working days
8.	Register and issue Certificate of land use rights, ownership of houses and other assets attached to land for the 1 time	20 working days
9.	Register and issue Certificate of land use rights, ownership of houses and other assets attached to land for the 1 time for assets attached to land whose owner is not also the land user	20 working days
10.	Issue Certificate of land use rights, ownership of houses and other assets attached to land to people who have registered land use rights for the 1 time	20 working days
11.	Sell or contribute capital with assets attached to land leased from the State in the form of annual land lease payments	15 working days
12.	Registration of changes in case of changing from land lease with annual payment to land lease with one-time payment for the entire lease period or from land allocation without collection of land use fees to land lease or from land lease to land allocation with collection of land use fees	20 working days
13.	Converting agricultural land use rights of households and individuals to carry out "land consolidation and land exchange" (massively).	30 working days
14.	Procedures for land recovery due to termination of land use according to law, voluntary return of land in cases of land recovery from households, individuals, residential communities, and residential land recovery from Vietnamese residents Residents living abroad are allowed to own houses in Vietnam	15 working days
15.	Procedures for land recovery in environmentally polluted areas that pose a threat to human life; Residential land at risk of landslides, subsidence, affected by other natural disasters that threaten human life in cases of residential land recovery from households, individuals, and Vietnamese residing abroad own a house in Vietnam.	15 working days

4. List of administrative procedures for land use rights certificates under the jurisdiction of the commune level in Vietnam

List of administrative procedures under the jurisdiction of the commune level
Mediation of land disputes	45 working days

More details can be found in Decision 4135/QD-UBND effective from the date of signing.

Ngoc Nhi

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- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
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