Guidelines for receiving applications and returning results for registration of land and property affixed to land in Vietnam from August 1, 2024

Guidelines for receiving applications and returning results 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 regulating basic land surveys; registration, issuance of the Certificate of Land Use Rights, and ownership of property affixed to land and the Land Information System.

Guidelines for receiving applications and returning results for registration of land and property affixed to land in Vietnam from August 1, 2024

Article 21 of Decree 101/2024/ND-CP details the reception of applications and return of results for registration of land and property affixed to land in Vietnam as follows:

* Receiving and returning agency:

- One-Stop-Shop department as prescribed by the Provincial People's Committee for receiving applications and returning results for provincial, district, and commune-level administrative procedures;

- Land Registration Office;

- Branch of the Land Registration Office.

* Forms of application submission:

The applicant may choose to submit the application in the following forms:

- Submit directly at the agencies stipulated in Clause 1, Article 21 of Decree 101/2024/ND-CP;

- Submit via postal service;

- Submit at a location agreed upon between the applicant and the Land Registration Office, Branch of the Land Registration Office;

- Submit on the National Public Service Portal or Provincial Public Service Portal;

- When submitting applications at agencies stipulated in Clause 1, Article 21 of Decree 101/2024/ND-CP in the forms specified at Points a, b, and c, Clause 2, Article 21 of Decree 101/2024/ND-CP, the applicant may choose to submit copies of documents and present the originals for verification, or submit the original documents, or submit notarized or authenticated copies in accordance with the law on notarization and authentication, except for the case specified at Point e, Clause 2, Article 21 of Decree 101/2024/ND-CP; in case of submitting applications in the form specified at Point d, Clause 2, Article 21 of Decree 101/2024/ND-CP, the documents submitted must be digitized from the originals or notarized, authenticated copies as prescribed by law;

- For procedures of land use right registration and land-attached asset registration with changes confirmed on the issued certificate, the applicant shall submit the original issued certificate.

* For first-time land registration and land-attached asset registration, the applicant may choose the place to submit the application as follows:

- If the land user, land-attached asset owner is a domestic individual, Vietnamese residing abroad who is a Vietnamese citizen (hereinafter referred to as an individual), community, the place to submit the application is specified at Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP;

- If the land user, land-attached asset owner is a domestic organization, religious organization, subordinate religious organization, foreign organization with diplomatic functions, overseas Vietnamese, foreign-invested economic organization, the place to submit the application can be chosen from the points specified at Point a or Point b, Clause 1, Article 21 of Decree 101/2024/ND-CP.

* For registration of changes in land and property affixed to land, the applicant may choose the place to submit the application as follows:

- If the land user, land-attached asset owner is an individual or community, the place to submit the application can be chosen from the points specified in Clause 1, Article 21 of Decree 101/2024/ND-CP.

In case of re-determining the area of homestead land as stipulated in Clause 6, Article 141 of Land Law 2024, the application shall be submitted at the agency specified at Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP;

- If the land user, land-attached asset owner is a domestic organization, religious organization, subordinate religious organization, foreign organization with diplomatic functions, foreign-invested economic organization, foreign organization, foreign individual, they may choose the place to submit the application from the points specified at Point a or Point b, Clause 1, Article 21 of Decree 101/2024/ND-CP.

If the land user, land-attached asset owner is an overseas Vietnamese, they may choose the place to submit the application from the points specified in Clause 1, Article 21 of Decree 101/2024/ND-CP;

- In case of receiving the right to use the land, the right to own property affixed to land, the place to submit the application shall follow the acquirer's choice and comply with the points specified at Point a or Point b, Clause 4, Article 21 of Decree 101/2024/ND-CP.

* Returning the results of administrative procedure resolution to the applicant:

- Ensure the resolution time of administrative procedures as specified in Decree 101/2024/ND-CP;

- In case of delayed resolution beyond the stipulated time for administrative land procedures, the receiving and resolving agency shall send a written notice or via electronic means or SMS to the applicant, stating the reasons clearly;

- If the applicant submits copies or digitized versions of documents, they must submit the original documents when receiving the result of administrative procedure resolution, except for building permits, investment project approval decisions, investment decisions, investment permits, and investment certificates.

* Based on specific local conditions, the Provincial People's Committee shall specifically decide the agency responsible for receiving and returning results according to the points specified at Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP and the procedure for receiving, transferring applications, resolving, returning the results of land registration, property affixed to land procedures, the timeline for each step of the involved agencies and units, resolving multiple agency procedures ensuring the total time under the law's limit and the principles stipulated in Decree 101/2024/ND-CP; publicize administrative procedures and the choice of application submission locations for land registration, property affixed to land at the local level.

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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