Hello LSX. A land use right certificate is a legally valid document for people to prove that the land belongs to them. So about the matter “The issuance of a land use right certificate in Vietnam is refused” According to the law, the authority to issue land use right certificates belongs to which agency? Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
What is a land use right certificate?
Pursuant to the provisions of Clause 16, Article 3 of the Land Law 2013, the certificate of land use rights (or the certificate of land use rights, ownership of houses and other land-attached assets, also known as the land use right book). red) is a legal document for the State to certify the lawful land use rights, ownership of houses and other land-attached assets of the person having the land use right, house ownership and property ownership rights. other property attached to the land.
Who will be granted land use right certificates?
Pursuant to Clause 1, Article 97 of the Land Law 2013, regulations on certificates of land use rights and ownership of houses and other land-attached assets, specifically as follows:
Certificate of land use rights, ownership of houses and other land-attached assets
1. Certificates of land use rights, ownership of houses and other land-attached assets shall be granted to persons with land use rights, house ownership rights, and other land-attached assets ownership rights according to regulations. a uniform sample throughout the country.
The Minister of Natural Resources and Environment shall specify certificates of land use rights and ownership of houses and other land-attached assets.
Accordingly, a land use right certificate will be issued to the person having the right to use the land.
Authority to issue land use right certificates
Authority to issue land use right certificates for the first time
– Provincial People’s Committees grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations and establishments; overseas Vietnamese, foreign-invested enterprises implementing investment projects; foreign organizations with diplomatic functions.
Provincial-level People’s Committees may authorize natural resources and environment agencies of the same level to grant certificates of land use rights and ownership of houses and other land-attached assets.
– District-level People’s Committees grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, residential communities, and overseas Vietnamese. housing associated with residential land use rights in Vietnam.
Competence to issue a certificate of land use right when the certificate has been issued, but the land user exercises the rights of the land user, the owner of the assets attached to the land, and issues and renews the certificate.
Pursuant to Article 105 of the 2013 Land Law, Article 37 of Decree 43/2014/ND-CP, Clause 23, Article 2 of Decree 01/2017/ND-CP:
– For localities that have established land registration offices, the Department of Natural Resources and Environment shall grant certificates of land use rights and ownership of houses and other land-attached assets to land users and owners. owning property on land for which the Certificate, Certificate of house ownership or Certificate of ownership of construction works has been granted, in the following cases:
+ When land users and property owners exercise the rights of land users and owners of land-attached assets, a new certificate of land use rights and ownership of houses and assets must be issued. other property attached to land;
+ Issuance and renewal of certificates, certificates of house ownership, certificates of construction work ownership.
– For localities that have not yet established land registration offices, the issuance of Certificates shall be carried out as follows:
+ The Department of Natural Resources and Environment issues certificates of land use rights and ownership of houses and other land-attached assets to religious organizations and establishments; overseas Vietnamese to implement investment projects; foreign organizations and individuals; foreign-invested enterprises;
+ District-level People’s Committees grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, residential communities, and overseas Vietnamese. to own houses associated with residential land use rights in Vietnam.
What is the delay in granting land use right certificates?
Pursuant to Clause 2, Article 61 of Decree 43/2014/ND-CP as amended by Clause 40, Article 2 of Decree 01/2017/ND-CP on the time to carry out administrative procedures on land, specifically as follows: :
Time to carry out administrative procedures on land
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2. Time for carrying out procedures for registration of land and land-attached assets; The renewal or re-issuance of the Certificate is regulated as follows:
a) Registration of land and land-attached assets, granting of certificates of land use rights and ownership of houses and other land-attached assets is not more than 30 days;
b) Register and issue certificates of land use rights and ownership of houses and other land-attached assets to the transferee of land use rights and ownership of houses and construction works of the organization. construction investment is no more than 15 days;
c) Registration and issuance of certificates of land use rights and ownership of houses and other land-attached assets upon change of land-attached assets shall not exceed 15 days;
d) Registration of changes in land and land-attached assets in cases of winning the auction of land use rights; settle disputes, complaints and denunciations about land; handling mortgage and capital contribution contracts with land use rights; distraint for auction of land use rights and land-attached assets for judgment enforcement; division, separation, consolidation, merger of organizations, transformation of companies; agreement on consolidation or division of land use rights and ownership of land-attached assets of households, spouses and groups of land users within 10 days;
dd) Splitting and consolidating land plots; procedures for land registration in the case of land allocation by the State for management is no more than 15 days;
e) The land use term shall not exceed 07 days;
g) Confirmation of continued use of agricultural land by households and individuals when the land use term expires within 05 days;
h) Registration for establishment, change or termination of limited use right of the adjacent land parcel is no more than 10 days;
i) Registration of change due to change in name of land user, owner of property on land or change in shape, size, area, number, address of land parcel or change in restriction of land use right land use or change in financial obligations or change in land-attached assets compared with the registered contents is not more than 10 days;
k) Change from land lease with annual payment to one-time payment of land lease; from the form of land allocation by the State without land use levy to the form of land lease; from renting land to assigning land with collection of land use levy is not more than 30 days;
l) The conversion, transfer, inheritance, donation, registration of capital contribution with land use rights or ownership of property on land is no more than 10 days;
m) Cancellation of registration of capital contribution with land use rights or ownership of land-attached assets within 3 days;
n) Registration, deregistration of mortgage, lease or sublease of land use rights is not more than 03 days;
o) The transfer of land use rights and ownership of land-attached assets of the spouses into joint ownership of the husband and wife is within 5 days;
p) The renewal of Certificate, Certificate of house ownership, Certificate of ownership of construction works is not more than 07 days; the case of granting and exchanging simultaneously for many land users due to re-drawing of the map is not more than 50 days;
q) Re-issue of certificate, certificate of house ownership, certificate of ownership of construction works is lost within 10 days;
r) Time to carry out the procedures for correcting the Certificate of land use rights, ownership of houses and other land-attached assets, Certificate of land use rights, Certificate of house ownership and right to land; The time limit for using residential land, the certificate of house ownership, and the certificate of ownership of construction works shall not exceed 10 days.
Thus, the time for granting a certificate of land use right is not more than 15 days from the time of carrying out the procedures for granting a land use right certificate.
Accordingly, if within 15 days from the date of carrying out the procedures for granting a certificate of land use rights, an organization or individual submits a complete and valid dossier but the competent authority still does not issue a certificate of land use right. land use right is considered to be delayed in granting land use right certificates.
The issuance of a land use right certificate in Vietnam is refused
Pursuant to the provisions of Clause 11 Article 7 of Circular 33/2017/TT-BTNMT, State agencies refuse to receive dossiers of application for registration and grant of certificates of land use rights, house ownership and ownership rights. other assets attached to land (referred to as Certificates) when there is one of the following grounds:
1. Failing to meet the conditions to exercise rights as prescribed by the law on land and other relevant laws. Specifically, according to the 2013 Land Law, households and individuals are granted a Certificate for the first time when they fully satisfy the following conditions:
– Households and individuals currently using land have papers on land use rights.
– Households and individuals are using land without papers on land use rights.
2. Not under the authority to receive dossiers
According to Article 60 of Decree No. 43/2014/ND-CP, households and individuals submit dossiers to the People’s Committee of the commune where the house is located if they wish to issue a Certificate. If it is not submitted to the Commune People’s Committee, then:
– In case the locality has organized a One-stop-shop to receive and return the results of administrative procedures, it shall be submitted to the district-level One-Stop-Shop for transfer to the branch of the Land Registration Office.
– In case the locality has not yet organized the One-Stop-Shop, the payment shall be made directly at the branch of the district-level land registration office or at the land use right registration office, for localities that do not have a branch of the land registration office.
If the household or individual fails to submit the application according to the above provisions, the application will be refused.
3. The application does not have enough components to carry out the prescribed procedures
When submitting the application, if the required documents are missing, the application-receiving agency within 3 working days will request additional documents. In case households and individuals do not complete the application, the application will be refused.
4. The declared content of the dossier does not ensure the completeness, consistency and validity as prescribed by law.
5. The information in the application file does not match the information kept at the registry office or has forged documents.
6. Upon receipt of a document from the civil judgment enforcement agency or the Attorney’s Office requesting the suspension or cessation of the issuance of Certificates for assets being land use rights and land-attached assets of persons land users, owners of property on land who are subject to judgment enforcement according to the provisions of the civil judgment enforcement law or a written notice on the distraint of assets for judgment enforcement.
7. Upon receipt of a written request from an agency competent to settle land disputes on receipt of an application for settlement of a dispute over land and land-attached assets.
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Please see more
- Vietnamese regulations on termination of capital contribution with land use rights
- Granting land use right certificates for enterprises in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
A land user shall be granted a land use right certificate in the following cases:
+ The current land user is eligible for a certificate of land use rights and ownership of houses and other land-attached assets.
+ Persons who are allocated or leased land by the State after the effective date of this Law;
+ Persons who are converted, transferred, inherited, donated, or contributed as capital with land use rights; the recipient of the land use right when dealing with the mortgage contract with the land use right for debt recovery;
+ Persons who are entitled to use land according to successful conciliation results for land disputes; according to a judgment or decision of a people’s court, a judgment enforcement decision of a judgment enforcement agency or a decision on settlement of a dispute, complaint or denunciation about land by a competent state agency that has been executed. onion;
+ The winner of the auction of land use rights;
+ Land users in industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones;
+ Buyers of houses and other land-attached assets;
+ Persons liquidated by the State, valuing houses attached to residential land; buyers of state-owned housing;
+ The land user splits and consolidates the plot; groups of land users or members of households, spouses, and land-using organizations that split or consolidate existing land use rights;
+ The land user requests for replacement or re-issuance of the lost Certificate.
Fees for issuance of land use right certificates; Ownership of houses and other land-attached assets is: 100,000 VND / 1 paper.
Fees for issuance of land use right certificates; (without ownership of houses and other land-attached assets) is: VND 25,000 / 1 paper.
Fees for cases with cadastral map extracts; document; number of cadastral records is: 15,000 VND / 1 time.
Currently, the following types of certificates are still valid:
– Certificates of land use rights;
– Certificate of house ownership and residential land use right;
– Certificate of land use right, ownership of houses and other land-attached assets;
– Other certification documents.
In addition, based on the assigned objects, it is also possible to classify land use right certificates into the following categories:
– Certificate of land use right issued to individuals (individuals here can be one person or many people)
– Certificate of land use right issued to households.
– Certificate of land use right issued to enterprises and organizations.
Conclusion: So the above is The issuance of a land use right certificate in Vietnam is refused. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
