Procedures for remission of land use levy, registration fee debts in Vietnam

Procedures for remission of land use levy, registration fee debts in Vietnam
Nguyễn Thị Diễm My

Procedures for remission of land use levy, registration fee debts in Vietnam are stipulated in Decision 2124/QD-BTNMT of 2024.

Procedure  for  Canceling  Land  Use  Levy,  Registration  Fee

Procedures for remission of land use levy, registration fee debts in Vietnam (Internet image)

1. Application for remission of land use levy, registration fee debts in Vietnam

- Components of the dossier:

(1) Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued together with Decree 101/2024/ND-CP dated July 29, 2024, by the Government of Vietnam, regulating basic land investigation, registration, issuance of certificates of land use rights, ownership rights of assets attached to land, and the Land Information System;

(2) Issued Certificate;

(3) Documents proving the completion of payment of land use levy and registration fee as prescribed by the law on land use levy and land rent collection.

(4) Documentation regarding representation according to civil law provisions in the case of carrying out land registration procedures and assets attached to land through a representative.

(5) When submitting the required documents, the applicant may choose to submit copies and present the originals for verification and comparison by the receiving officer, submit the originals, or submit copies that have been notarized or certified according to the law on notarization and certification. If submitting a dossier on the National Public Service Portal or the provincial Public Service Portal, the documents must be digitized from the originals or notarized, certified copies in accordance with the law.

For procedures registering changes in land and assets attached to land that require confirmation of changes on the issued Certificate, the applicant must submit the original issued Certificate.

If submitting copies or digitized documents, the applicant must submit the original documents in the dossier components when receiving administrative procedure settlement results.

- Methods of dossier submission:

+ Submit directly at the dossier receiving agency;

+ Submit via postal service;

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

+ Submit on the National Public Service Portal or the provincial Public Service Portal.

2. Procedures for remission of land use levy, registration fee debts in Vietnam

(1) The applicant submits one set of the dossier to the single-window Department as specified by the Provincial People's Committee, Office of Land Registration, or Branch Office of Land Registration.

(2) The dossier-receiving agency is responsible for:

- Checking the completeness of the dossier components, the consistency of information content among documents, the completeness of the declared content, and issuing a Receipt of Dossier and Appointment for Result Delivery according to the form specified in the Decree on the single-window, interlinked single-window mechanism in administrative procedure resolution. If the dossier is not within the receiving authority or is incomplete, inconsistent among documents, or lacks the necessary information according to the regulation, the dossier will not be received and will be returned to the applicant.

- If the single-window Department receives the dossier, it will forward the dossier to the Office of Land Registration or the Branch Office of Land Registration.

(3) The Office of Land Registration or the Branch Office of Land Registration will rectify and update changes in the cadastral dossier, land database; issue new Certificates or confirm changes on the issued Certificates; deliver the Certificates or send them to the dossier receiving agency to deliver to the recipient.

(4) If during the procedure resolution, the land user or owner of assets attached to land cannot continue, parties with rights and obligations under civil law must submit proof documents to continue the procedure.

If the person to continue the procedure cannot be identified or is not entitled to receive the Certificate of land use rights, ownership of assets attached to land, the Office of Land Registration or Branch Office of Land Registration must update this in the Land Register.

(5) If during the procedure resolution, the receiving agency or the procedure-resolving agency receives any document specified in Clause 2, Article 19 of Decree 101/2024/ND-CP, it will stop resolving the land registration procedure and return the dossier to the applicant.

For cases defined in Points b, c, d, dd, e, and g of Clause 2, Article 19 of Decree 101/2024/ND-CP, if the resolution time limit as prescribed by law is exceeded or the competent authority issues a document confirming the settlement of the land dispute or a document canceling the suspension, the receiving agency, and resolving agency will continue with the land registration procedure according to legal regulations in Vietnam.

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