Publicizing administrative procedures on land under Vietnam law

by Anh Việt

Administrative procedures are one of the issues of state administrative management, related to many areas of life, including land. So about the matter “Publicizing administrative procedures on land under Vietnam law” Let’s find out with LSX in the article below.

Legal grounds

  • Land Law 2013

Classification of administrative procedures on land

According to the provisions of Clause 1, Article 195 of the 2013 Land Law, administrative procedures for land include the following 7 groups of procedures:

(1) Procedures for land recovery, land allocation, land lease, and land use purpose change;

(2) Procedures for registration of land and land-attached assets, issuance of certificates of land use rights, ownership of houses and other land-attached assets;

(3) Procedures for renewal, re-issuance, correction and revocation of Certificates, Certificates of House Ownership, Certificates of Construction Ownership;

(4) Procedures for exercising the rights of land users;

(5) Procedures for enforcement of the decision on compulsory inventory and enforcement of the decision on land recovery;

(6) Procedures for conciliation of land disputes, procedures for settling land disputes at administrative agencies;

(7) Procedures for sanctioning administrative violations in the field of land

Time to carry out administrative procedures on land

According to Clause 2, Article 61 of Decree No. 43/2014/ND-CP, the time to carry out the 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, issuance of certificates of land use rights and ownership of houses and other land-attached assets is no 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 not more than 30 days;

c) Registration and issuance of certificates of land use rights and ownership of houses and other land-attached assets in addition to land-attached assets shall not exceed 20 days;

d) Register 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; 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 15 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 20 days;

e) The land use term shall not exceed 15 days;

g) Certification of continued use of agricultural land by households and individuals when the land use term expires is no more than 10 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 15 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 and ownership of land-attached assets within 05 working days;

n) Registration, deregistration of mortgage, lease or sublease of land use rights is not more than 03 working days;

o) Transfer of land use rights and ownership of land-attached assets of spouses into joint ownership of husband and wife within 10 days;

p) The renewal of Certificate, Certificate of house ownership, Certificate of ownership of construction works is no more than 10 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 30 days”.

Some general provisions on administrative procedures on land

Administrative procedures in the 2013 Land Law, on the one hand, inherit the contents of the 2003 Land Law, on the other hand, complete with quite basic new points, making administrative procedures clear, transparent and uniform with other provisions as amended in the Land Law 2013.

First of all, it can be affirmed that the 2013 Land Law, compared with all the Land Laws issued in previous periods, has changed in the way of promulgating regulations related to administrative procedures principally on land.

Accordingly, the 2013 Land Law only generalizes the basic administrative procedures on land, the requirements for the implementation of these procedures and the assignment of tasks and powers of agencies and responsibilities. People’s responsibility to carry out administrative procedures on land.

As for the specific contents of the method, process and procedures for the implementation of each specific administrative procedure, the Land Law is not regulated but is shown in the guiding document.

Accordingly, the 2013 Land Law and Decree No. 43/2014/ND-CP have some general and general provisions for all administrative procedures on land as follows:

First, types of administrative procedures on land Article 195 records 7 groups of administrative procedures on land, including:

– Procedures for land recovery, land allocation, land lease, change of land use purpose;

– Procedures for registration of land and land-attached assets, issuance of certificates of land use right, ownership of houses and other land-attached assets;

– Procedures for renewal, re-issuance, correction and revocation of certificates, certificates of house ownership, certificates of ownership of construction works;

– Procedures for exercising the rights of land users;

– Procedures for enforcement of the decision on compulsory inventory and enforcement of the decision on land recovery;

– Procedures for conciliation of land disputes, procedures for settling land disputes at administrative agencies;

– Procedures for sanctioning administrative violations in the field of land.

Secondly, on the issue of publicizing administrative procedures on land

The seven groups of administrative procedures for land mentioned above must be fully publicized. Public content with the following five points:

– Competent agencies receive dossiers and return results;

– Processing time for each administrative procedure;

– Composition of documents for each administrative procedure;

– Process and responsibilities for each type of administrative procedure;

– Financial obligations, fees and charges payable for each administrative procedure.

Publicizing administrative procedures on land under Vietnam law

The publicity of these contents shall be carried out in the form of regular posting at the head office of the agency receiving the dossier and returning the results;

Posted on the website of the national database on administrative procedures, the website of the People’s Committee of the province, the People’s Committee of the district..

Third, about the coordination between functional agencies in the implementation of administrative procedures on land

After the specific regulations on administrative procedures and the content of publicizing administrative procedures on land, the 2013 Land Law stipulates how to carry out administrative procedures on land by specifying the responsibility for implementing administrative procedures on land. present for each subject. Specifically:

– Ministries and branches shall, according to their functions, tasks and powers, coordinate in directing, guiding and inspecting the implementation of administrative procedures for land, ensuring consistency between administrative procedures on land and land. land with other related administrative procedures.

Accordingly, the Ministry of Natural Resources and Environment promptly issued Circular No. 30/2014/TT-BTNMT providing detailed guidance on documents for land allocation, land lease, land use purpose change and land recovery.

To serve as a basis for state management agencies in charge of land as well as organizations, households, individuals, residential communities, religious establishments, overseas Vietnamese and businesses with Foreign investment capital carries out administrative procedures in this field correctly.

– People’s Committees at all levels are responsible for directing, guiding, inspecting and organizing the implementation of administrative procedures in the locality;

Regulations on coordination between relevant local agencies to handle administrative procedures for land and other related administrative procedures.

Accordingly, Decree No. 43/2014/ND-CP stipulates: Provincial-level People’s Committees specify agencies to receive and handle procedures;

The duration of the steps to carry out procedures by each relevant agency or unit and the inter-agency settlement between the relevant agencies under the one-stop-shop mechanism to suit specific local conditions, but not more than total time allotted for each type of procedure.

Agencies competent to settle administrative procedures for land must strictly follow the order and procedures as prescribed.

Land users and other related people are responsible for fully implementing the order and procedures for land administration and financial obligations as prescribed by law.

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Frequently asked questions

What is the administrative procedure on land?

Administrative procedures on land in the Land Law 2013 are regulated to ensure that there is an institution for the State to perform land management such as land allocation, land lease, permission to change land use purpose, grant Certificate of land use right, etc.
Thereby, land users are entitled to exercise their rights and obligations during the land use process such as land registration and land-attached assets; granted a certificate of land use right; transfer of land use rights such as: conversion, transfer, lease, inheritance, mortgage, capital contribution with land use rights, donation of land use rights; etc…

What are the characteristics of administrative procedures on land?

Administrative procedures in the field of land are generally compulsory, not only for state management agencies in charge of land, but also required for land users to ensure order. in land use and management.

What is the role of regulations on the content and form of publicizing administrative procedures on land?

This regulation is noted to have contributed to solving problems when carrying out previous administrative procedures, which is the ambiguity and non-transparency of processes and procedures, leading to negative cases as part of the administrative staff. The ministry has an attitude that causes trouble and harassment to the people, the people…
At the same time, regulations on publicizing administrative procedures are the basis for people to know, discuss and inspect administrative management activities of state agencies.

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