My name is Hieu Hoang, my father had a piece of land before he died. This land has been kept by my father for more than 50 years. In addition to the red book, a number of relevant legal documents have all been lost. So now I want to find and check if these documents are still legal or valid. So about the matter “How to check real estate records according to Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What are the types of real estate records?
Real estate documents may vary from case to case. Here are a few of the most common specific cases.
Pursuant to Article 19 of the Law on Residence, a citizen who has a lawful place of residence in a province shall register for permanent residence in that province. Therefore, the documents proving the valid housing documents need to have documents related to the lawful residence of the land user.
Therefore, the legal real estate documents include the following documents:
+ Notice of change of household registration and demographics
+ Demographic declaration
+ Certificate of household registration if falling into the case in Clause 2, Article 28 of the Law on Residence
+ Papers and documents proving your current residence is legal.
Submit the land application at the Department of Natural Resources and Environment
The Department of Natural Resources and Environment receives the application and returns the results to settle the following procedures:
– Land allocation, land lease, permission to change land use purpose for organizations;
– Allocating land to religious establishments;
– Allocation of land to overseas Vietnamese, foreign-invested enterprises that are allocated land to execute investment projects on construction of houses for sale or for sale in combination with lease;
– Leasing land to overseas Vietnamese or foreign-invested enterprises in two cases:
+ Overseas Vietnamese, foreign-invested enterprises using land to implement investment projects on agricultural production, forestry, aquaculture and salt production; non-agricultural production and business land; land for construction of public works for business purposes; land for implementation of housing investment projects for lease;
+ Overseas Vietnamese, foreign-invested enterprises using land for construction of non-business works.
– Leasing land to foreign organizations with diplomatic functions.
Submit land documents at the Department of Natural Resources and Environment
The Department of Natural Resources and Environment receives the application and returns the results to handle the following procedures:
– Land allocation, land lease, permission to change land use purpose for households and individuals.
In case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, a written consent must be obtained. approval of the People’s Committee of the province before making the decision;
– Allocating land to residential communities.
Submit land dossiers at the Land Registration Office, branches of the Land Registration Office
The land registration office, the branch of the land registration office shall receive the dossier and return the results to settle the following procedures:
– Registration of land and other land-attached assets;
– Issuance, renewal and re-issuance of the Certificate.
Based on specific local conditions, the provincial-level People’s Committees shall promulgate regulations on receipt, rotation of dossiers, settlement and return of results of settlement of procedures for registration of land and other land-attached assets. ; Issuance, renewal, re-issuance of the Certificate of assurance of time in accordance with the law, publicize administrative procedures and the selection of the location to submit the application at the Land Registration Office, one of the branches. Land registration office in the province or location according to the needs of land users and owners of assets attached to land.
Dossier of land purchase and sale
When buying, selling, donating or transferring land use rights, you not only need to prove legal ownership papers but also need to prepare some additional documents as follows:
+ Original household registration book, citizen identification card or identity card for Vietnamese, if you are a foreigner residing in Vietnam, a passport is required.
+ Certificate of marital status (Marriage certificate or certificate of singleness)
+ Original certificate of land use right
+ Certificate of property is your own if you are married.
Where to check the legality of real estate records?
It is very important to check real estate records when buying, to avoid the transfer of disputes from the very beginning. To know “information” about real estate, you can go through the following methods:
From the transferor: The assignee requests the seller to provide all legal information about the land;
From the people around: Through the people around the buyer can know some information about whether the house is in dispute or not, or moreover, information bearing the feng shui element of the house.
State agencies: People’s Committee, Land Registration Office, “lookup red book”
How to check real estate records according to Vietnam law?
According to Circular 34/2014/TT-BTNMT, the procedures for providing land information are carried out according to the following steps:
- Submit
Organizations and individuals wishing to exploit “land” data shall submit a request form or send a written request to the land registration office or the commune-level People’s Committee.
The submission of documents and forms of request for land data supply shall be done by one of the following methods:
Submit directly at the agency providing land data;
Send by official letter, fax, post office;
Send by email or through the land portal.
- Requirement accepted
Upon receipt of a valid request form, a valid written request from an organization, individual, or agency providing land data, providing data to the organization or individual requesting data extraction.
Public servants receive, process and notify financial obligations to organizations and individuals.
In case of refusal to provide land information, a written reply must be given clearly stating the reason.
- Return results
After the organization or individual fulfills their financial obligations, the agency providing land data shall provide land data upon request.
For cases of data mining that need to be aggregated and processed before providing it to organizations or individuals, it must be done in the form of a contract under the provisions of the Civil Code between the agency providing the data. land and organizations and individuals that have data mining needs.
Time limit for settlement
Case 1: If the request is received before 15:00, it must be provided within the same day;
Case 2: Receiving the request after 15 hours, providing land data is done on the next working day;
In case of request for provision of land data in the form of aggregated information, the time limit for provision of land data shall be determined by agreement between the agency providing land data and the requester in the form of a contract. copper.
* Note to avoid risks
This time does not include the following types of time:
Receive dossiers and return results at commune-level dossier-receiving agencies (commune, ward, township),
Holidays and public holidays as prescribed by law;
Time to fulfill financial obligations of land users, time to consider and handle cases of land use in violation of law, time to solicit expertise.
Fees and implementation costs
Fees and costs to be paid to provide land information include:
Fees for exploitation and use of land documents;
Expenses for printing and copying records and documents;
Fees for sending documents (if any)
* Note:
Fees are decided by the Provincial People’s Council.
Some of the following information is free of charge:
Information on land use master plans and plans already approved by competent state agencies;
Land price bracket, announced land price list;
Information on administrative procedures in the field of land;
Legal documents on land.
List of data contained in the land database;
Services of LSX
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Cost: Besides, LSX’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.
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Contact LSX
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Frequently asked questions
Step 1: Submit the request form
First, to check the information about the Certificate, the individual or household needs to complete the information according to Form No. 01/PYC, including: reason, information about the land plot, the person named in the Certificate to compare with information, cadastral data.
Pursuant to Clause 1, Article 12 of Circular 34/2014/TT-BTNMT, individuals and households need to submit a request form in one of the following ways:
Send by email or through the land portal.
Sending through post office.
Or submit directly at the branch of the land registration office in the district, town or provincial city.
Step 2: Receive and process the request
The agency providing land data will receive and process the request. At the same time, notify financial obligations to the requester to perform. In case the agency refuses to provide data, it must clearly state the reason and reply to the people.
After individuals and households fulfill their financial obligations, the agency providing land data shall provide land data upon request.
Step 3: Return the result
In case the request is received before 15:00, it must be provided on the same day
In case the request is received after 15:00, the provision of land data is made on the next working day.
In addition, if the buyer is unable to do the self-inspection or does not come to check at the Land Registration Office, he/she must follow the procedures for registration of changes (the procedure for transferring the name).
In the process of carrying out the procedure for registration of fluctuations to register in the cadastral book, the Land Registry will conduct barcode scanning.
The investor’s capacity papers, as well as the business license to ensure the reputable investor.
Decision on land ownership, land allocation or land lease.
Decision on site clearance and compensation.
The detailed plan has been approved.
Van Bao reports the results of the environmental impact quality test.
Some other necessary documents.
People when they have the receipt number of the application file can look up to see where their case has been resolved, what procedures are still missing, how to supplement… on the management software system. land http://motcuadatdai.tphcm.gov.vn.
This software system will solve the basic of transparency, one-stop connection in handling real estate records as well as being able to know the information about their real estate records in the clearest way.
Conclusion: So the above is How to check real estate records according to Vietnam law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
