What are land-related administrative procedures in Vietnam?

What are land-related administrative procedures in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are land-related administrative procedures in Vietnam?

According to Clause 1, Article 195 of the Land Law 2013, land-related administrative procedures in Vietnam include:

- Procedures for land expropriation, land allocation, land lease, and change of land use purpose;

- Procedures for registration of land and land-attached assets and grant of the certificate of land use rights and ownership of houses and other land-attached assets;

- Procedures for renewal, re-grant, correction or withdrawal of the certificate, the certificate of house ownership or the certificate of construction work ownership;

- Procedures for exercising the rights of land users;

- Procedures for enforcing decisions on compulsory inventory and enforcing the implementation of land expropriation decisions;

- Procedures for conciliation and settlement of land disputes at administrative agencies;

- Procedures for sanction of administrative violations in the field of land.

2. Duration of administrative procedures for land in Vietnam

Duration of administrative procedures for land in Vietnam according to Article 61 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP) is as follows:

- The duration of the procedures for land allocation, land lease and land use conversion is defined below:

+ The allocation or lease of land shall not take more than 20 days, which does not include the time for land expropriation, compensation and land clearance;

+ The approval of land use conversion shall not take more than 15 days.

- The duration of the procedures for registration of land and properties attached to land, for certification and re-certification is defined below:

+ The registration of land and properties attached to land or the certification of land use right with or without ownership of house and properties attached to land shall not take more than 30 days;

+ The registration and certification of land use right with or without ownership of house and properties attached to land for a transferee receiving land use right with or without ownership of house or building from a construction investment organization shall not take more than 15 days;

+ The registration and certification of land use right with or without ownership of house and properties attached to land upon a change to the properties attached to land shall not take more than 15 days;

+ The registration of change to land or properties attached to land for a winner of an auction of land use right; the settlement of land-related dispute, complaint or denunciation; the settlement of a land use right mortgage contract or a contract for contribution of capital in the form of land use right; the distrainment and auction of land use right or properties attached to land for the execution of a sentence;

The division, merger or consolidation of an organization or conversion of a company; the division or consolidation of land use right(s) and ownership(s) of properties attached to land under an agreement of a household, married couple or group of land users shall not take more than 10 days;

+ The division or consolidation of land lots or the registration of land allocated by the government for management shall not take more than 15 days;

+ The procedure for land use extension shall not take more than 07 days;

+ The procedure for confirmation of a household’s or individual’s continued use of land upon expiration of land use duration shall not take more than 05 days;

+ The registration, revision or termination of a limited right of use of a contiguous land lot shall not take more than 10 days;

+ The registration of change to the land user(s), to the owner(s) of properties attached to land, to the shape, size, number or address of a land lot or to limitation(s) on land use right or to financial obligations or to properties attached to land against the previous registration shall not take more than 10 days;

+ The procedure for changing from renting of land on annual rental basis to renting of land on one-off rent payment; or from the government’s allocation of land without land use fee to renting of land; or from renting of land to land allocation with the charge of land use fee shall not take more than 30 days;

+ The procedure for exchange, transfer, inheritance, donation of land use right with or without ownership of properties attached to land or for registration of capital contribution in the form of land use right or ownership of properties attached to land shall not take more than 10 days;

++ The procedure for termination of registration of capital contribution in the form of land use right with or without ownership of properties attached to land shall not take more than 03 days;

+ The procedure for registration or termination of registration of mortgage, lease or sublease of land use right shall not take more than 03 days;

+ The procedure for changing a spouse's land use right with or without ownership of properties attached to land to the spouses' concurrent right and ownership shall not take more than 05 days;

+ The procedure for replacement of a certificate of land use right, certificate of house ownership or certificate of ownership of a building shall not take more than 07 days; however, the procedure for replacement of multiple land users’ certificates due to map redrawing shall not take more than 50 days;

+ The procedure for reissuance of a lost certificate of land use right, lost certificate of house ownership or lost certificate of ownership of a building shall not take more than 10 days;

+ The procedure for correction of information on an issued certificate of land use right with or without ownership of house and properties attached to land, an issued certificate of land use right, an issued certificate of house ownership and land use right, an issued certificate of house ownership or an issued certificate of ownership of a building shall not take more than 10 days.

- The duration of the procedures for reconciliation or settlement of dispute over land is defined below:

+ The reconciliation of land dispute shall not take more than 45 days;

+ The settlement of land dispute under the jurisdiction of the chairperson of a district-level People’s Committee shall not take more than 45 days;

+ The settlement of land dispute under the jurisdiction of the chairperson of a provincial People’s Committee shall not take more than 60 days;

+ The settlement of land dispute under the jurisdiction of the Minister of Natural resources and Environment shall not take more than 90 days;

+ The coercive execution of a decision on land dispute settlement shall not take more than 30 days.

- The duration defined in Clauses 1, 2 and 3 of Article 61 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP) shall commence from the date of receipt of a valid application.

It does not include regulated holidays and days-off; time for intake of documents at communal level, time for land user’s fulfillment of financial obligations; time for consideration and execution of actions against a violation of the legislation on land use and time for solicitation of appraisal.

If an application is insufficient or invalid, the agency taking in the application shall, in no more than 03 working days, inform and guide the applicant to supplement and complete the documents as per regulations.

The duration of each procedure defined in this Article shall be elongated by 10 days, except the reconciliation of land dispute, in mountainous communes, islands, remote regions and areas that are (severely) troubled socially and economically.

+ Provincial People’s Committees shall stipulate the length of time of multiple land-related administrative procedures, which shall not exceed the duration of such procedures in total pursuant to Article 61 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP).

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE