Content of confirmation of the Commune-level People's Committee regarding the first registration of land and property affixed to the land in Vietnam

Content of confirmation of the Commune-level People's Committee regarding the first registration of land and property affixed to the land in Vietnam (Internet image)

1. Content of confirmation of the Commune-level People's Committee regarding the first registration of land and property affixed to the land in Vietnam

The content of confirmation of the Commune-level People's Committee regarding the first registration of land and property affixed to the land in Vietnam according to Article 33 of Decree 101/2024/ND-CP is as follows:

- Confirmation of the current use status of the land, whether there are houses or constructions; the dispute status of land and assets attached to the land.

- In addition to the confirmation content as prescribed in Clause 1 Article 33 of Decree 101/2024/ND-CP, based on specific cases, the Commune People's Committee will confirm the following contents:

+ In case there are documents on land use rights as stipulated in Clause 7 Article 137 Land Law 2024, confirmation of stable land use according to the provisions in Clause 38 Article 3 of the Land Law 2024 and Clause 3 Article 34 of Decree 101/2024/ND-CP;

+ In case there are no documents on land use rights as prescribed in Article 137 of the Land Law 2024, confirmation of the origin of land use; confirmation of stable land use according to the provisions in Clause 38 Article 3 of the Land Law 2024 and Clauses 4 and 5 Article 34 of Decree 101/2024/ND-CP;

+ In cases requesting recognition for non-agricultural land purposes as specified in Points d Clause 1, Points d Clause 2, Points d Clause 3 Article 138 of the Land Law 2024, Clause 3 Article 25 and Points c Clause 1 and Points c Clause 2 Article 26 of Decree 101/2024/ND-CP and cases specified in Point a Clause 3 Article 139 of the Land Law 2024 that do not fall under Clause 5 Article 25 of Decree 101/2024/ND-CP, Clauses 2 and 3 Article 140 of the Land Law 2024, confirmation of conformity with the district-level land use planning or general planning or subdivision planning or construction planning or rural planning; in the case specified in Clause 4 Article 140 of the Land Law 2024, confirmation of conformity with the land use planning.

+ In the case stipulated in Clause 1 Article 139 of the Land Law 2024, confirmation of conformity with the land use planning, construction planning.

In case specified in Point a Clause 2 Article 139 of the Land Law 2024, confirmation of conformity with forest planning for special-use forests, protection forests.

In case specified in Point b Clause 2 Article 139 of the Land Law 2024, confirmation of conformity with land use planning for the construction of public infrastructure projects.

In case specified in Point c Clause 2 Article 139 of the Land Law 2024, confirmation of conformity with forest planning for special-use forests, protection forests, land use planning for the construction of public infrastructure projects, and additional confirmation of conformity with the planning as specified in Point c Clause 2 Article 26 of Decree 101/2024/ND-CP.

+ When confirming the conformity with the planning as specified in Points c and d Clause 2 Article 33 of Decree 101/2024/ND-CP, the Commune People's Committee relies on the effective planning at the time of confirmation.

- In cases where the land user does not request the issuance of Certificates of land use rights, ownership rights over assets attached to the land, and the community managed land granted by the State, the Commune People's Committee will confirm the contents specified in Clause 1, Points a, and b Clause 2 Article 33 Decree 101/2024/ND-CP.

- Publicly post the confirmation contents specified in Clauses 1 and 2 Article 33 of Decree 101/2024/ND-CP for cases where the land user requests the issuance of certificates of land use rights and ownership rights over assets attached to the land according to Form No. 06/DK issued with Decree 101/2024/ND-CP at the Commune People's Committee office, in the residential area where the land and attached assets are located for 15 days. Concurrently, review and resolve any feedback on the published contents (if any).

- Complete the dossier and prepare a presentation according to Form No. 08/DK issued with Decree 101/2024/ND-CP to submit to the district-level land management authority.

2. Procedures for first registration of land for persons allocated land to manage in Vietnam

Procedures for first registration of land for persons allocated land to manage in Vietnam according to Article 35 Decree 101/2024/ND-CP is as follows:

- The first registration of land dossier for land managed as stipulated in Article 217 of the Land Law 2024 is as follows:

+ The person assigned to manage the land as stipulated in Clauses 1, 2, and 3 Article 7 of the Land Law 2024 must prepare a dossier including the Land and attached assets registration application according to Form No. 05/DK and a report on the results of the review of the current land use status according to Form No. 05b/DK issued with Decree 101/2024/ND-CP.

In the case stipulated in Clause 1 Article 7 of the Land Law 2024, submit 01 set of documents to the dossier reception authority as specified in Points a or b Clause 1 Article 21 Decree 101/2024/ND-CP; in case the dossier reception authority is the agency specified in Point a Clause 1 Article 21 of Decree 101/2024/ND-CP, the documents will be transferred to the Land Registration Office.

In the case that the person assigned to manage the land is specified in Clauses 2 and 3 Article 7 of the Land Law 2024, the Chairman of the People's Committee at all levels will direct the land management authorities at the same level to prepare 01 set of documents and transfer them to the Land Registration Office;

+ The person assigned to manage the land as specified in Clause 4 Article 7 of the Land Law 2024 must submit 01 set of documents including the Land and attached assets registration application according to Form No. 04/DK and a report on the results of the review of the current land use status according to Form No. 05b/DK issued with Decree 101/2024/ND-CP to the Commune People's Committee; the Commune People's Committee will transfer the documents to the Land Registration Office.

- The Land Registration Office of Vietnam will implement the establishment, updating, and adjusting of cadastral records, and the land database.

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