According to the law, people have to go to the sunny agency to do land registration procedures. When registering land use rights, people must go to the Land Registration Office to carry out registration procedures. So about the matter “Regulations on the land registration office in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Decree 01/2017/ND-CP;
- Circular 24/2014/TT-BTNMT.
Location and function of the land registration office
Pursuant to Clause 4, Article 2 of Decree No. 01/2017/ND-CP, the location and functions of the Land Registration Office are specified as follows:
Land registration office is a public non-business unit under the Department of Natural Resources and Environment established or reorganized by the People’s Committee of the province or centrally run city on the basis of consolidation. under the Department of Natural Resources and Environment and the existing land use right registration offices under the Department of Natural Resources and Environment in the locality; have legal status, head office, own seal and can open accounts to operate in accordance with the law.
Land registration offices have branches in districts, towns and provincial cities. The branch is entitled to perform the functions, tasks and powers of the Office according to the decision of the People’s Committee of the province or city directly under the central government.
The land registration office has the function of registering land and land-attached assets; grant certificates of land use rights and ownership of houses and other land-attached assets, for authorized cases as prescribed; to build, manage, update, measure and uniformly adjust cadastral records and land databases; land statistics and inventory; provide land information according to regulations to organizations and individuals who have needs and perform other services on the basis of functions and tasks in accordance with capacity as prescribed by law.
Regulations on the land registration office in Vietnam
• Implement the registration of land assigned to be managed by the State, registration of land use rights, ownership of houses and other land-attached assets.
• Carry out the first grant, renewal or re-grant of the Certificate of land use rights and ownership of houses and other land-attached assets (hereinafter referred to as the Certificate).
• Carry out the registration of changes in land assigned to manage by the State, land use rights, ownership of houses and other land-attached assets.
• Making, editing, updating, archiving and managing cadastral records; receive and manage the use of Certificate blanks in accordance with law.
• Carry out land statistics, inventory and mapping of current land use; correction of cadastral maps; cadastral map extract.
• Check the cadastral measurement of the land plot; inspect and certify diagrams of houses and other land-attached assets provided by organizations or individuals in service of registration and issuance of certificates.
• Register transactions secured by land use rights, ownership of houses and other land-attached assets in accordance with law.
• Provide documents, maps, information and data on land, houses and other land-attached assets to organizations and individuals as prescribed by law.
• To collect fees and charges as prescribed by law.
• Perform services on the basis of functions and tasks in accordance with the capacity as prescribed by law.
• Manage officials, employees, finance and assets of the Land Registration Office in accordance with the law; implement the reporting regime according to current regulations and the status of task performance in the assigned fields of work.
Procedures for granting a certificate of land use right
Pursuant to Clause 1, Article 8 of Circular 24/2014/TT-BTNMT, households and individuals must prepare 01 set of documents, including the following papers:
– Application for registration and issuance of Certificate according to Form No. 04a/DK.
– Proof of financial obligations; papers related to the exemption or reduction of financial obligations on land and land-attached assets (if any).
In addition to the above two types of papers, depending on the need to register land use rights or ownership of land-attached assets, or both land use rights and ownership of land-attached assets, it is necessary to prepare documents. prove on a case-by-case basis, specifically:
– In case of registration of land use rights, one of the papers specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP must be submitted.
– In case of registration of ownership of land-attached assets, there must be papers proving ownership of such property (usually the property to be registered is a house).
In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required (unless the document on ownership of the house or construction work already has a suitable diagram). in accordance with the current status of houses and constructions).
* According to Clause 9, Article 7 of Circular 33/2017/TT-BTNMT, the applicant for the Certificate may choose to submit copies or originals of documents, specifically:
– Submit copies of notarized or authenticated papers in accordance with the law on notarization and authentication.
– Submit a copy of the document and present the original for the person receiving the dossier to check and confirm on the copy.
– Submit original documents.
Submit and receive results at the Land Registration Office/Branch when making Red Book
Pursuant to Clause 19, Article 1 of Decree No. 148/2020/ND-CP, when carrying out administrative procedures in the land sector such as granting, re-granting, and exchanging certificates, people shall submit the following dossiers:
Option 1: Households and individuals submit documents to the People’s Committee of the commune, ward or township where the land is located if needed
Particularly, the procedures for land allocation, land lease and change of land use purpose must not be submitted to the People’s Committee of the commune, ward or township where the land is located, but must be submitted at:
• Department of Natural Resources and Environment, if the person requesting for land allocation, land lease or permission to change land use purpose is an organization.
• Department of Natural Resources and Environment if the person who allocates, leases or permits the change of land use purpose is a household or individual.
Option 2: Do not submit the application at the People’s Committee of the commune, ward or town where the land is located
Filed at the Land Registry Office, Branch Office (if the locality has not established a one-stop shop)
Note: Normally, organizations must file at the Provincial Land Registration Office; households and individuals shall pay at the district-level land registration office branch.
List of administrative procedures in the field of land submitted and received results at the office, branch of land registration office:
• Procedures for registration of land and other land-attached assets;
• Issuance, renewal, and re-issuance of Certificates (First-time issuance, also known as making Red Book for the first time, renewal and re-issuance of Red Book and Pink Book).
• Register when transferring, giving, mortgaging, etc.
Submit and receive results at the one-stop shop
The locality that has organized a one-stop-shop to receive documents and return results shall receive documents and return results through the one-stop-shop according to the Decision of the People’s Committee of the province or city directly under the control of the province. Central Government, except for the case of receiving dossiers and returning results of handling procedures for registration of land and other land-attached assets, granting, re-issuing and re-granting Certificates at a location other than the head office of the registration, branch offices register land according to the needs of land users and owners of assets attached to land.
Conclusion: Although the functions, tasks and regulations on submitting administrative documents for the land sector at the Land Registration Office or at the Branch are quite complicated, people need to understand some key points when submitting the application for issuance, re-issuance or replacement of the Red Book as follows:
• Localities that have not yet organized a one-stop-shop to receive Red Book dossiers, households and individuals shall submit dossiers directly at the branch of the land registration office or at the People’s Committee of the commune, ward or town where the application is located if needed.
• If the locality has organized a one-stop shop, the application must be submitted at the one-stop section according to the regulations of the People’s Committee of the province or central city (usually households and individuals submit documents at the district one-stop section, districts, towns, provincial cities, centrally run cities).
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Frequently asked questions
The land registration office has legal status and has its own seal; to be arranged by the State with office and working equipment and open an account in accordance with the provisions of law.
Land registration office is a public non-business unit under the Department of Natural Resources and Environment established or reorganized by the People’s Committee of the province on the basis of consolidation. Resources and Environment and the existing land use right registration offices under the Division of Natural Resources and Environment in the locality; have legal status, head office, own seal and can open an account to operate in accordance with the law.
Pursuant to Article 1 of the Joint Circular 15/2015/TTLT-BTNMT-BNV-BTC stipulating the position and functions of the Land Registration Office as follows:
Land registration office is a public non-business unit under the Department of Natural Resources and Environment, which has the function of registering land, houses and other land-attached assets; build, manage, update and uniformly adjust cadastral records and land database; make statistics and inventory of land and provide land information to organizations and individuals as prescribed by law.
Conclusion: So the above is Regulations on the land registration office in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
