Regulations on time limit for issuing new form of Certificate of land use right in Vietnam

Regulations on time limit for issuing new form of Certificate of land use right in Vietnam (Image from the internet)

Regulations on time limit for Issuing new form of Certificate of land use right in Vietnam

On July 31, 2024, the Minister of the Ministry of Natural Resources and Environment of Vietnam issued Circular 10/2024/TT-BTNMT stipulating cadastral records, Certificate of land use rights and ownership of property affixed to the land in Vietnam.

The new form of Certificate of land use right starting from August 01, 2024, under the Land Law 2024 will be implemented according to the form in Circular 10/2024/TT-BTNMT.

Pursuant to the provisions of Clause 1, Article 44 of Circular 10/2024/TT-BTNMT stipulating the transitional period as follows:

Transitional Provisions

1. The certificates of land use rights, ownership of houses and other assets attached to the land under the provisions of Circular No 23/2014/TT-BTNMT dated May 19, 2014, of the Minister of Natural Resources and Environment stipulating the certificate of land use rights, ownership of houses and other assets attached to the land shall continue to be used until December 31, 2024.

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Therefore, according to the provisions above, the current red book (being used now) will continue to be used until December 31, 2024. Consequently, the new form of Certificate of land use right will be issued to citizens starting January 01, 2025, after completing the procedures, processes, and forms of the new form of Certificate of land use right.

Regulations on Printing, Issuing, and Managing the Use of the Forms of the New Red Book

- The competent agency advises the Minister of Natural Resources and Environment in terms of state management on the establishment, adjustment of cadastral records, land registration, and issuing certificates, responsible for:

+ Creating anti-counterfeiting elements on the Certificates of land use rights and ownership of property affixed to the land; organizing the printing and issuing of the certificates for the Land Registration Offices under the Department of Natural Resources and Environment to use locally;

+ Establishing and managing, monitoring the issuance of Certificates of land use rights and ownership of property affixed to the land;

+ Inspecting and guiding the management and use of Certificates of land use rights and ownership of property affixed to the land in homestead localities;

+ Publishing on the electronic portal the issuance numbers of the lost certificates that are no longer valid for use as reported by the Department of Natural Resources and Environment according to the provisions of Point d, Clause 2, Article 30 of Circular 10/2024/TT-BTNMT.

- The Department of Natural Resources and Environment is responsible for:

+ Directing the preparation and summarization of the plan for using the Certificates of land use rights and ownership of property affixed to the land of the locality, reporting to the competent agency advising the Minister of Natural Resources and Environment on state management of cadastral records, land registration, and issuing certificates before October 31 each year;

+ Inspecting and guiding the management and use of certificates of land use rights and assets attached to land in homestead localities;

+ Annually organizing the destruction of damaged certificates of land use rights and assets attached to land according to the provisions of the archival law;

+ Reporting the issuance number of lost certificates post receiving the report from the Land Registration Office to the competent agency advising the Minister of Natural Resources and Environment on state management of cadastral records, land registration, issuing certificates, Department of Natural Resources and Environment, Department of Justice, and the police of provinces and centrally-run cities, and publishing on the electronic portal locally;

+ Periodically reporting the reception, management, and use of certificates of land use rights and assets attached to land of the locality to the competent agency advising the Minister of Natural Resources and Environment on state management of cadastral records, land registration, and issuing certificates before December 25 each year.

- The Land Registration Office under the Department of Natural Resources and Environment is responsible for:

+ Preparing the plan for using the forms of the Certificates of land use rights and ownership of property affixed to the land, sending it to the Department of Natural Resources and Environment before October 20 each year;

+ Receiving, distributing, and transferring the forms of the Certificates of land use rights and ownership of property affixed to the land to the agencies issuing the certificates as required; managing, monitoring the reception, distribution, and use of the certificate forms in the locality;

+ Regularly self-checking the management and use of the forms of the Certificates of land use rights and ownership of property affixed to the land to ensure consistency between the received quantity and the monitored, managed quantity;

+ Annually gathering damaged Certificates of land use rights and ownership of property affixed to the land and sending them to the Department of Natural Resources and Environment for destruction;

+ Upon detecting lost forms of Certificates of land use rights and ownership of property affixed to the land, reporting to the Department of Natural Resources and Environment;

+ Reporting the reception, management, and use of the forms of the Certificates of land use rights and ownership of property affixed to the land to the Department of Natural Resources and Environment semi-annually before June 20, and annually before December 20;

+ Reporting on the received, used, and unused forms of Certificates of land use rights and ownership of property affixed to the land to the competent agency advising the Minister of Natural Resources and Environment on state management of cadastral records, land registration, and issuing certificates when receiving the forms of certificates.

- The technical specifications for the raw materials for printing the forms of the Certificates of land use rights and ownership of property affixed to the land according to the form in Appendix No. 02 attached to Circular 10/2024/TT-BTNMT.

- The content and form of the record books for issuing the forms of Certificates of land use rights and ownership of property affixed to the land; the record books for receiving, issuing, and using the forms of Certificates of land use rights and ownership of property affixed to the land; the report on the reception, management, and use of the forms of Certificates of land use rights and ownership of property affixed to the land according to the form in Appendix No. 01 attached to Circular 10/2024/TT-BTNMT.

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