General regulations on the implementation of administrative procedures related to land in Vietnam

General regulations on the implementation of administrative procedures related to land in Vietnam (Image from the Internet)

1. General regulations on the implementation of administrative procedures related to land in Vietnam

General regulations on the implementation of administrative procedures related to land in Vietnam according to Article 12 Decree 102/2024/ND-CP are as follows:

* Receiving and Returning Results of Applications

- One-Stop-Shop Departments according to the regulations of the Provincial People's Committee on receiving and returning results of administrative procedure applications at provincial, district, and commune levels;

- Land Registration Office;

- Branches of the Land Registration Office.

* Methods of Submitting Applications

Organizations and individuals can choose to submit applications through the following methods:

- Directly at the agencies specified in Clause 1, Article 12 Decree 102/2024/ND-CP;

- Via public postal services;

- At locations agreed upon between the organization, individual and the Land Registration Office, Branches of the Land Registration Office;

- On the National Public Service Portal or provincial public service portals or the administrative procedure resolution information systems at the ministerial or provincial level for cases where the application does not require submission of original documents;

- When submitting applications according to Points a and c, Clause 2, Article 12 Decree 102/2024/ND-CP, applicants can choose to submit copies of documents and present originals for verification by the receiving officer, or submit original documents, or submit notarized or certified copies of documents as per the regulations on notarization, certification.

For applications submitted as per the methods specified in Points b and d, Clause 2, Article 12 Decree 102/2024/ND-CP, notarized or certified copies of documents according to legal regulations, or digitized copies from the originals, must be submitted.

* Returning Results of Administrative Procedures for Organizations, Individuals

- In cases of incomplete applications, the competent authority must issue a written notice to the One-Stop-Shop department within a maximum of 02 working days from the date of receipt. The One-Stop-Shop department will then notify the applicant to supplement and complete the application within no more than 01 working day;

- In cases of delayed processing of applications beyond the prescribed resolution time, the application receiving authority must notify the applicant in writing or via electronic means or SMS, stating the reason for the delay;

- In cases where applicants submit copies or digitized copies from original documents, the applicants must submit the original documents when receiving the administrative procedure results, if required to submit originals, except for documents such as investment project approval decisions, investment decisions, investment licenses, investment certificates.

* Based on local conditions, the Provincial People's Committee will decide on the receiving authority and the return of administrative procedure results, the regulations on receiving, transferring files, processing, and returning administrative procedure results, the implementation timeline of each step in the land administrative process of each relevant agency or unit; the concurrent execution of administrative procedures (if any); the inter-agency coordination mechanism according to the one-stop-shop modality ensuring legal timelines; the public disclosure of administrative procedures and the choice of submission locations ensuring cost and time efficiency for organizations, individuals, and competent authorities handling the administrative procedures but not exceeding the total time for the procedures as prescribed under Decree 102/2024/ND-CP.

* The processing time for administrative procedures specified in Decree 102/2024/ND-CP is calculated from the date of receiving a complete application, excluding the processing times by the following agencies:

- The processing time by the land management agency for determining specific land prices as prescribed;

- The processing time by the competent authority for deductible amounts for land levy, land rent as prescribed;

- The processing time by the tax agency for determining the land rent unit price, amount of land levy, land rent payable, exemptions, reductions, debts of land levy, land rent, fees, and charges as prescribed;

- The time for fulfilling financial obligations by land users;

- The time for land users to negotiate for agricultural land accumulation, land use rights contributions, land adjustment;

- The time for cadastral parcel surveying.

* For mountain, border communes; islands; areas with difficult socio-economic conditions; areas with especially difficult socio-economic conditions, the administrative procedure processing time specified in Article 12 Decree 102/2024/ND-CP is extended by 10 days.

* The agency responsible for administrative procedures specified in Decree 102/2024/ND-CP must process within its defined timeline and is not responsible for processing times of other agencies.

2. Provisions on receiving land use rights in areas with limited access to land in Vietnam

Provisions on receiving land use rights in areas with limited access to land in Vietnam according to Article 10 Decree 102/2024/ND-CP are as follows:

- areas with limited access to land include border communes, phường, commune-level towns; coastal communes, phường, commune-level towns; islands; and other areas affecting national defense and security according to regulations on investment law, housing law.

- For investment projects utilizing land by economic organizations with foreign investment, overseas Vietnamese requesting the State to allocate or lease land in areas with limited access to land, the opinions of the Ministry of Defense and Ministry of Public Security must be obtained. The process of obtaining these opinions follows investment law regulations.

- For cases where economic organizations with foreign investment or overseas Vietnamese acquire land use rights as per Point c, Clause 1, Article 28 Land Law 2024, or receive capital contribution with land use rights as per Point d, Clause 1, Article 28 Land Law 2024 for investment projects in areas with limited access to land, the following must be done to obtain opinions from the Ministry of Defense and Ministry of Public Security:

+ The individual or organization acquiring land use rights or receiving capital contribution with land use rights must submit a written request to the Provincial People's Committee for approval for acquisition or capital contribution in areas with limited access to land;

+ Within no more than 05 working days from the date of receipt of the request, the Provincial People's Committee must send a written request for opinions from the Ministry of Defense and Ministry of Public Security;

+ Within no more than 20 days from the date of receiving the request for opinions, the Ministry of Defense and Ministry of Public Security must provide their comments in writing to the Provincial People's Committee.

- The process and procedures for land allocation, land lease, land use rights acquisition, and capital contribution with land use rights will follow the provisions of Decree 102/2024/ND-CP and the Decree on basic land investigation, registration, issuance of land use rights certificates, and the information system on land.

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