Competence to grant certificates of land use rights in Vietnam

The land use right certificate is an important document for us, the basis for us to be able to use the land legally. However, not everyone knows which agencies or individuals are competent to issue land use right certificates, especially in the first time. Here, let’s find out with Lawyer X about the issue of “Competence to grant first-time land use right certificates in Vietnam” through the following article!

Competence to issue land use right certificates

A certificate of land use rights and ownership of houses and other land-attached assets is a legal document proving and certifying land use rights and ownership of houses and other land-attached assets. legal rights of people with land use rights, ownership of houses and other real estate. According to the provisions of the Land Law 2013, the authority to issue land use right certificates is prescribed as follows:

• Provincial-level 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 issue certificates of land use rights and ownership of houses and other assets attached to soil.
• 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.

Competence to apply for re-issuance of lost, old, torn or damaged red books

For cases that have been issued with a certificate of land use right, a certificate of house ownership or a certificate of construction work ownership, which exercise the rights of land users and property owners, For land-attached assets, or for the replacement or re-issuance of Certificates, Certificates of House Ownership, Certificates of Ownership of Construction Works, the authority of natural resources and environment shall comply with regulations of the Government. government. Specifically:

Issuance and renewal of red books, pink books and certificates of ownership of construction works. For localities that have not yet established land registration offices as prescribed in Clause 1, Article 5 of this Decree, the grant of certificates for the cases specified in Clause 1 of this Article 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.
• The Ministry of Natural Resources and Environment stipulates cases of issuance of certificates of land use rights and ownership of houses and other land-attached assets upon registration of changes in land and assets attached to land. land and the confirmation of the change in the issued Certificate.”

So, the issue of books issued by the city or the People’s Committee of the district is still in accordance with the authority to grant according to the provisions of the law, depending on the object of the request. The issue of authority to issue later will affect the authority to revoke, the authority to compensate, lease, etc., so determining the right authority will determine the right and wrong nature of the red book you are granted.

Department of Natural Resources and Environment issues the red book

Department of Natural Resources and Environment is one of the agencies competent to issue red books. Pursuant to Clauses 1 and 3, Article 105 of the 2013 Land Law, the Department of Natural Resources and Environment has the authority to grant the Certificate of land use right to the land user who has been granted the Certificate in 03 cases:

Case 01: When land users exercise their rights, it must lead to changes in information on the Certificate.

The land user has been granted one of the following papers: Certificate of land use right; Certificate of house ownership; Certificate of ownership of construction works that exercise the rights of land users and owners of land-attached assets but must be issued with a new certificate of land use rights and ownership of houses and properties other attached to the land.

For example: Transfer, donation, inheritance, mortgage, capital contribution of land use rights…

For localities that have established Land Registration Offices

The Department of Natural Resources and Environment issues certificates of land use rights and ownership of houses and other land-attached assets to land users and owners of land-attached assets for which the Certificate has been issued. Certificate of house ownership, Certificate of ownership of construction works, in the following cases:

When land users and property owners exercise the rights of land users and owners of land-attached assets, they must issue a new certificate of land use rights and ownership of houses and properties. other attached to the land;
Issuance, renewal and re-issuance of certificates, certificates of house ownership, certificates of ownership of construction works.
For localities that have not yet established a land registration office: the Department of Natural Resources and Environment shall grant 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.

Case 02: When authorized by the People’s Committee of the province but must be the Department of Natural Resources and Environment of the same level. In this case, the Department of Natural Resources is entitled to grant certificates of land use rights and ownership of houses and other land-attached assets.

Competence to grant land use right certificates of the People’s Committees of provinces

Pursuant to Clause 01, Article 105 of the 2013 Land Law, the Provincial People’s Committee (PC) issues certificates of land use rights and ownership of houses and other land-attached assets to:

Organization;
Religious establishments;
Vietnamese people residing abroad;
Foreign-invested enterprises implementing investment projects;
Foreign organizations with diplomatic functions.

Competence to grant land use right certificates of district-level People’s Committees

Pursuant to Clause 02, Article 105 of the 2013 Land Law, district-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to:

Family;
Individual;
Residential community;
Overseas Vietnamese are entitled to own houses associated with residential land use rights in Vietnam.

Competence of the Commune People’s Committee in the issuance of the Certificate of Land Use Rights

According to the law, the People’s Committees of communes do not have the authority to grant certificates of land use rights. This agency is only authorized to receive land records and verify the origin and status of land registration and use, land changes, and land disputes in the locality. work itself.

According to Clauses 2 and 3, Article 60 of Decree No. 43/2014/ND-CP, households and individuals submit dossiers at the commune-level People’s Committees where the land is located if they have demand in the local case:

The district land registration office or the district land use right registration office has not been established.

There has not been a one-stop shop to receive administrative procedures.

Thus, the commune-level People’s Committee has a great role in determining whether the land parcel is in dispute or not, but also in the process of land use to date, there have been changes in the status of the land such as determining the correct area. land area, has it transferred to anyone or not; purpose has been changed.

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand sonal information of client Lawyer X will be 100% confidential.

Please contact us immediately with questions about the “Competence to grant certificates of land use rights in Vietnam”

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question: “Competence to grant certificates of land use rights in Vietnam”. If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: [email protected]

Frequently asked questions

Conclusion: So the above is Competence to grant certificates of land use rights in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com