Headlines 29/05/2023 13:42 CH

First-time land registration procedure when State allocates land for management at Land Registration Offices in Vietnam

Hân Đỗ

On April 28, 2023, the Ministry of Natural Resources and Environment of Vietnam promulgated Decision No. 1085/QD-BTNMT on disclosure of amended and annulled administrative procedures in the land sector under the management of the Ministry of Natural Resources and Environment of Vietnam, which contains amendments to first-time land registration procedure when the State allocates land for management at Land Registration Offices.

According to the Decision, the first-time land registration procedure when the State allocates land for management at Land Registration Offices is as follows:

(1) Implementation:

- Directly:

+ The person with the land allocated by the State for management shall submit a dossier at a Land Registration Office or a receiving authority according to regulations of the People's Committee of the province or centrally affiliated city.

In case of an invalid or inadequate dossier, within 3 days, the receiving and processing authority shall notify and instruct the applicant to adjust the dossier as per regulation.

+ The receiving authority shall adequately fill in the information in the Dossier Receipt Record and return the result and grant the Dossier Receipt to the applicant.

+ A Land Registration Office shall:

++ Inspect the condition of the land.

++ Update information on the parcel and registration to the cadastral dossier and database on land (if any).

- Electronically:

+ The receiving and processing authority shall perform administrative procedures for land as per regulation of laws on land;

If an inspection or verification is necessary for clarification or due to other reasons that the return of dossier processing results is not in accordance with regulations on processing time, the receiving and processing authority shall provide notifications and answers in writing or via public service portals or SMS for the applicant.

+ A land user shall fulfill his/her financial obligations as per law via direct or online methods by using the payment feature of the public service portal.

+ The return of results shall be implemented at the receiving authority or implemented via public postal service or at a requested location in cases of receiving dossiers and returning processing results of procedures for registering land and property on land.

(2) Dossier components:

- An application for a certificate of land use rights, house ownership, and property on land according to Form No. 04a/DK promulgated together with Circular No. 24/2014/TT-BTNMT.

- A written document of a competent state agency on land allocation for management (if any).

- A diagram or cadastral measurement of the parcel or complex of parcels allocated for management (if any).

(3) Processing deadline:

- The processing deadline, prescribed by the provincial People’s Committee, shall not exceed 15 days after receiving a valid dossier;

The mentioned period does not include:

+ Holidays and public holidays as prescribed by law;

+ The receiving time at communes and the financial obligation fulfillment time of land users;

+ The handling time of cases of land use violating the law and the expertise solicitation time.

- Regarding communes in mountainous areas, islands, remote areas, areas with difficult socio-economic situations, and areas with extremely difficult socio-economic situations, the processing deadline is increased by 10 days.

See more details in Decision No. 1085/QD-BTNMT of the Ministry of Natural Resources and Environment of Vietnam, effective as of May 20, 2023.

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