The process of registration of changes of land on the National Public Service Portal in Vietnam

The process of registration of changes of land on the National Public Service Portal in Vietnam (Internet image)

The Ministry of Natural Resources and Environment of Vietnam issued Official Dispatch 7706/BTNMT-TCQLĐĐ on connection, integration and provision of online public services on the National Public Service Portal in 2022.

1. The process of registration of changes of land on the National Public Service Portal for individuals in Vietnam

The process of registering land changes on the National Public Service Portal for individuals when transferring, leasing, subleasing, inheriting, or donating land use rights and ownership of land-attached assets is as follows:

Step 1: The land user registers an account, logs in to the National Public Service Portal, and executes

- Search and choose to submit public service dossiers: Registration of changes in land use rights and ownership of land-attached assets in the case of transfer, lease, sublease, inheritance, or donation of land use rights, land use rights, and land-attached assets to households and individuals.

In case a household or individual wishes to simultaneously carry out the procedure "Registration of changes in land use rights and ownership of land-attached assets due to changes in information about the certificate holder (change of name or legal entity document, identity document, address) on the National Public Service Portal, the application shall be submitted in accordance with the procedures. The dossier-receiving agency and competent agency shall comply with the prescribed orders and procedures.

- Enter information on the application for registration of changes in land and assets attached to land (Application form according to Form 09) and check citizen information through the National Population Database.

Application form for registration of changes of land

+ Case 01: If the authentication is successful, save the registration application information;

+ Case 02: If the authentication fails, the system will notify the land user to update the information on the registration application.

For the case of receipt of a transfer, inheritance, or donation of agricultural land use rights, the total area received, inherited, or donated must be shown in the section on reasons for change, as follows: "Receive ... (write the form of land use right transfer)...m2 of land (write the area of land receiving the right transfer); the total area of agricultural land currently in use due to the transfer of the right and registered for the transfer of land use rights from July 1, 2007 to before July 1, 2014 is ... m2, and from July 1, 2014 up to now is ... m2 (specify the area to receive the right transfer according to each type of land, each province, and each city directly under the Central Government).

- Attached to the dossier is a photo or a scanned copy of the information content, which must be complete, clear, and exactly like the original, including:

+ Certificate issued.

+ A copy of the cadastral measurement in case of exercising the rights of the land user (transfer, inheritance, donation) over a part of the land plot.

Contracts and documents on the transfer, lease, sublease, inheritance, or donation of land use rights and ownership of land-attached assets in accordance with law.

In case the heir to the land use right, the only person who owns the property attached to the land, the heir must file an application for registration of inheritance of land use rights and ownership of property on the land.

+ A written donation of land use rights according to regulations (certified by the commune-level People's Committee) in case the land user donates land use rights for the construction of public works.

+ The land user's written consent for the owner of the property on land to transfer, donate, or lease the property on land
for the case of a transfer, donation, or lease of land-attached assets in which the owner of the property on the land is not concurrently a land user.

- Choose the method of sending the original Certificate and the originals of the attached papers; and receive the results of administrative procedures through the public postal service or directly at the agency receiving dossiers and returning the results of administrative procedures;

- Select to confirm the change in the issued Certificate or to issue a new Certificate of land use rights, ownership of houses, and other land-attached assets.

- Choose to send documents: Branch of Land Registration Office/Land Registration Office (For localities that have not yet established a Land Registration Office: District-level land use right registration office) to receive , handle records.

Step 2: Receipt of application

After receiving the registration dossier, the staff of the department that receives the dossiers and returns the results of administrative procedures is responsible for checking the dossiers and informing land users through their account on the National Public Service Portal, via email, or via SMS, specifically as follows:

- Case 01: The application does not meet the requirements, the officer clearly informs the reason for the refusal.

- Case 02: The dossier is incomplete or invalid, the officer sends a notice to supplement and complete the dossier as prescribed.

- Case 03: The application is complete and valid, the officer receives the application, sends the receipt, and returns the results.

In cases where the application is complete and valid, the department that receives the dossiers and returns the results of administrative procedures shall send complete and valid dossiers to the branch of the land registration office for settlement.

Step 3: Settlement of records

- Leaders of the Land Registry Office/Land Registration Office access the Public Service Portal of the Ministry of Natural Resources and Environment or the Provincial Public Service Portal (hereinafter referred to as the Public Service Portal) and perform the assignment of procedures (Department/Officer).

- The officer assigned to handle access to the Public Service Portal checks and compares the information in the registration file of the land user with the land database or documents archived at the Branch of the Land Registration Office/Land Registration Office and performs the following tasks:

+ In case the information is not suitable or accurate, or the land user requests confirmation on the Certificate and falls into the case where a new Certificate is required (implement cadastral measurement of the land plot in case the certificate has been issued but there is no cadastral map or cadastral measurement of the land plot; because page 4 of the issued Certificate no longer has a blank line to confirm the change), then send information through the Public Service Portal to the Department to receive and return the results of administrative procedures to notify the land user of completing and supplementing the dossier.

* The content of the notice to the land user must be specific about inappropriate or inaccurate information or the reason for requesting cadastral measurements and the issuance of a new Certificate.

+ In case the information is appropriate and accurate, send the information through the Public Service Portal to the Department that receives and returns the results of administrative procedures to notify the land user.

* Contents to notify land users of information, including: (1) Registration dossiers of eligible land users for settlement; (2) Pay fees, charges, and other fees and charges (if any, in case of receiving results at home or receiving results via public postal service); (3) Submit the original of the Certificate, the originals of the attached papers (time limit, place of submission); (4) The return of results will only be settled when the land user has fulfilled the financial obligations.

The settlement officer updates the registration information of the land users into the land database/Cadastral records.

- Land registration office (or, for localities that have not yet established a land registration office: the district land use right registration office) shall digitally sign and electronically transmit information serving the determination of financial obligations to tax authorities.

- Land users make payment of fees, charges, and other prices and fees (if any) through the Public Service Portal. Submit the original Certificate and the originals of the attached documents directly or through the public postal service to the Branch of the Land Registration Office.

- After receiving the original Certificate and the originals of the attached papers submitted by the land user, the settlement officer shall check the payment of fees and charges and other prices and charges ( if any) through the Public Service Portal. If the financial obligation has been fulfilled, the settlement officer shall prepare the dossier according to regulations and perform:

+ In case of confirmation of changes on the Certificate: print the content of the confirmation on the Certificate to submit to the leader of the branch of the land registration office/land registration office for approval.

+ In case of issuance of a new Certificate: print the new Certificate and submit it to the leader of the branch of the land registration office/land registration office/the Department of Natural Resources and Environment for approval.
according to the decision of the People's Committee of the province.

+ Editing and updating changes in cadastral records and land databases.

- The branch of the Land Registration Office or the Land Registration Office returns the results to the Dossier-Receiving Section and returns the results of administrative procedures.

* For localities that have not yet established a land registration office, the right registration office at all levels shall perform the work of the branch of the land registration office/land registration office mentioned above. In case of granting a new Certificate, the district-level use right registration office shall submit it to the District People's Committee for approval.

Step 4: Returning the result

Officers of the Department receiving dossiers and returning results of administrative procedures shall return the results of administrative procedures in the form chosen by the land use (via the public postal service or directly at the agency receiving dossiers and returning the results of administrative procedures).

2. The process of registration of changes of land on the National Public Service Portal for organizations in Vietnam

The process of registering land changes on the National Public Service Portal for organizations due to changes in financial obligations is as follows:

Step 1: The land user organization registers an account, logs in to the National Public Service Portal and performs the following:

- Searching and selecting to submit public service dossiers: Registration of changes in land and land-attached assets due to changes in financial obligations.

* In case the land user wishes to carry out the procedure "Registration of changes in land use rights and ownership of land-attached assets due to changes in information about the certificate holder" (change of name or legal entity document, identity document, address), the agency handling administrative procedures shall simultaneously carry out the procedure "Registration of changes in land use rights and ownership of land-attached assets due to changes in information about the certificate holder" (change of name or legal entity document, identity document, address)" on the National Public Service Portal.

- Enter information on the Application for registration of changes in land and assets attached to land (Registration application according to Form 09) and check the information with the national database on business registration.

Application form for registration of changes of land

+ Case 01: If the authentication is successful, save the registration application information;

+ Case 02: If the authentication fails, the system will notify the land-using organization to update the information on the registration application.

- Attached to the dossier is a photo or a scanned copy of the information content, which must be complete, clear and exactly like the original, including:

+ Certificate issued;

+ A copy of one of the papers specified in Articles 31, 32, 33 and 34 of Decree 43/2014/ND-CP showing the changed content.
for the case of change of information about property on land written on the Certificate.

- Choose the method of sending the original Certificate, the originals of the attached documents and receive the results of administrative procedures through the public postal service or directly at the agency that receives the application and returns the results of handling administrative procedures;

- Select to confirm the change in the issued Certificate or to issue a new Certificate of land use rights, ownership of houses and other land-attached assets.

- Choose to send documents: Land registration office (For localities that have not yet established a land registration office: Department of Natural Resources and Environment) to receive and process dossiers.

Step 2: Receipt of application

After receiving the registration dossier, the staff of the Department that receives the dossiers and returns the results of administrative procedures is responsible for checking the application information and informing land users about it through their account on the National Public Service Portal, via email, or via SMS, specifically as follows:

- Case 01: The application does not meet the requirements, the officer clearly informs the reason for the refusal.

- Case 02: The dossier is incomplete or invalid, the officer sends a notice to supplement and complete the dossier as prescribed.

- Case 03: The application is complete and valid, the officer receives the application, sends the receipt, and returns the results.

In cases where the application is complete and valid, the department that receives the dossiers and returns the results of administrative procedures shall send complete and valid dossiers to the Land Registration Office/Department of Natural Resources and Environment for settlement.

Step 3: Settlement of records

- Leaders of the Land Registration Office/Department of Natural Resources and Environment access the Public Service Portal of the Ministry of Natural Resources and Environment or the Provincial Public Service Portal (hereinafter referred to as the Public Service Portal) and perform the assignment of procedures (Department/Officer).

- The officer assigned to handle access to the Public Service Portal checks and compares the information in the registration file of the land-using organization with the land database or archives at the Land Registry Office/Department of Natural Resources and Environment and performs the following tasks:

+ In case the information is not appropriate, inaccurate, or the land-using organization requests certification on the Certificate and falls into the case where a new Certificate is required (implement cadastral measurement of the land plot in case the certificate has been issued but there is no cadastral map or cadastral measurement of the land plot; because page 4 of the issued Certificate no longer has a blank line to confirm the change), then send information through the Public Service Portal to the Department to receive and return the results of administrative procedures to notify the land use organization to complete and supplement the dossier.

* The content of the notice to the land-using organization must be specific about inappropriate or inaccurate information or the reason for requesting cadastral measurements and the issuance of a new Certificate.

+ In case of registration for a change of construction area, usable area, height, structure, or grade (class) of a house or construction work that is not in accordance with the construction permit or does not have a construction permit, in case a permit is required, send a written opinion form to the construction permitting or management agency in accordance with the law on construction and at the same time notify the land-using organization of the collection of opinions. In case the construction management or licensing agency disagrees with the change of construction area, usable area, height, structure, grade (class) of houses, or construction works, notify the land-using organization through the Public Service Portal to the Department that receives and returns the results of administrative procedures to notify the land-using organization of the return of dossiers due to ineligibility for settlement.

+ In case the information is appropriate and accurate, send the information through the Public Service Portal to the Department that receives and returns the results of administrative procedures to notify the land-using organization.

* Contents to notify the land-using organization of information, including: (1) The registration dossier of the land-using organization is eligible for settlement; (2) Pay fees, charges, and other fees and charges (if any, in case of receiving results at home or receiving results via public postal service); (3) Submit the original of the Certificate, the originals of the attached papers (time limit, place of submission); (4) The return of results will only be settled when the land-using organization has fulfilled its financial obligations.

The settlement officer updates the registration information of the land-using organization into the land database/Cadastral profile.

- The land registration office digitally signs and electronically transmits information for the determination of financial obligations to the tax office.

- Land-using organizations shall pay fees and charges and other prices and charges (if any) through the Public Service Portal. Submit the original Certificate and the originals of the attached documents directly or through the public postal service to the Branch of the Land Registration Office.

- After receiving the original Certificate and the originals of the attached papers submitted by the land user, the settlement officer shall check the payment of fees and charges and other prices and charges (if any) through the Public Service Portal. If the financial obligation has been fulfilled, the settlement officer shall prepare the dossier according to regulations and perform:

+ In case of confirmation of changes on the Certificate: print the content of the confirmation on the Certificate to submit to the leader of the Land Registration Office/Department of Natural Resources and Environment for approval.

+ In case of issuance of a new Certificate: print the new Certificate and submit it to the leader of the Land Registration Office/Department of Natural Resources and Environment for signature and approval according to the decision of the Provincial People's Committee.

+ Editing and updating changes in cadastral records and land databases.

- The Land Registration Office/Department of Natural Resources and Environment returns the results to the Application-Receiving Section and returns the results of administrative procedures.

Step 4: Returning the result

Officers of the Department receiving dossiers and returning results of administrative procedures shall return the results of administrative procedures in the form chosen by the land user (via the public postal service or directly at the agency receiving dossiers and returning the results of administrative procedures).

Nguyen Thi Diem My

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