What is the certificate of land use rights? Conditions for individuals and organizations to be granted certificates of land use rights and ownership of houses and other land-attached assets? In case of changing information on the certificate of land use rights, ownership of houses and other land-attached assets, what procedures should be done?So about the issue “Who has the right to issue land use right certificate in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013;
- Decree No. 43/2014/ND-CP detailing a number of articles and clauses of the land law.
What is the certificate of land use rights, ownership of houses and other assets attached to land?
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets, legal rights of people with land use rights, house ownership and other property rights on land. Accordingly, the Certificate is the basis for establishing and protecting the lawful rights and interests of the land user and is the basis for exercising the rights of the land user such as donation, transfer, inheritance, contribution, etc. Through the registration and issuance of the certificate of land use rights, ownership of houses and other land-attached assets, the state management of land is more assured. At the same time, the land use is also more reasonable, economical and efficient. Because of that, the current law stipulating the order and procedures for granting certificates of land use rights, ownership of houses and other land-attached assets is quite strict and detailed.
Who has the right to issue land use right certificate in Vietnam?
Depending on who has the demand for issuing a red book, the agency competent to issue a red book is different.
Article 105. Competence to grant certificates “of land use rights and ownership of houses and other land-attached assets
1. Provincial-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to organizations, religious establishments, overseas Vietnamese, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions.
Provincial-level People’s Committees may authorize the agency in charge of natural resources and environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets.
2. District-level People’s Committees shall grant the certificates of land use rights and ownership of houses and other land-attached assets to households, individuals and communities, and to overseas Vietnamese that are eligible to own house associated with land use rights in Vietnam.
3. For the subjects that were granted a certificate, a certificate of houses ownership or a certificate of construction facilities ownership, and execute the rights of land users or owners of land-attached assets or apply for the renewal or re-grant of the certificate, the certificate of houses ownership or the certificate of construction facilities ownership, the agency in charge of natural resources and environment shall handle in accordance with the Government’s regulations.
According to the above regulations, the district-level People’s Committee is the competent authority to issue red books to individuals and households.
If it is a religious organization, overseas Vietnamese, foreign-invested enterprises implementing investment projects; foreign organizations with diplomatic functions need to go to the People’s Committee of the province to make documents and procedures to apply for a red book.
Besides, Article 37 of Decree 43/2014, Clause 23, Article 2 of Decree 01/2017 amending Decree 43/2014. Specifically:
1. For localities that have established land registration offices as prescribed in Clause 1, Article 5 of this Decree, the Departments of Natural Resources and Environment shall issue certificates of land use rights and ownership of houses and other land-attached assets to land users and owners of land-attached assets who have been granted certificates, certificates of house ownership, certificates of ownership of construction works, in the following cases: following cases:
a) When land users or 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 other properties attached to land;
b) Issuance, renewal, re-issuance of Certificate of land use rights, Certificate of house ownership, Certificate of ownership of construction works.
2. For localities that have not yet established land registration offices as prescribed in Clause 1, Article 5 of this Decree, the issuance of certificates for the cases specified in Clause 1 of this Article shall be carried out as follows:
a) 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;
b) 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 Vietnamese residing in Vietnam. Foreigners are allowed to own houses associated with residential land use rights in Vietnam.
3. For localities where a land registration office has been established, the certification of ownership of houses and other land-attached assets shall be included in the granted certificate issued by the land registration office or its branch office shall comply with the decision of the People’s Committee of the province.
4. Provincial-level People’s Committees shall base themselves on specific local conditions on organizational structure and physical facilities of the Land Registration Office to stipulate the permission of the Department of Natural Resources and Environment to authorize the Department of Natural Resources and Environment to authorize the Department of Natural Resources and Environment. The land registration office shall issue certificates of land use rights and ownership of houses and other land-attached assets in the case specified in Clause 1 of this Article.
The cases of authorization to issue certificates of land use rights, ownership of houses and other land-attached assets are specified in Clause 1, Article 105 of the Land Law and this Clause may use the seal of the Department of Natural Resources and Environment. Environment
5. 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 attached assets and the confirmation of the change in the issued Certificate.
Accordingly, for localities that have established land registration offices, the Department of Natural Resources and Environment may authorize the land registration office or the branch of the land registration office to issue red books according to regulations.
It is very important for people to know the authority to issue a Certificate, because knowing that the competent authority will not submit an application for an over-level Certificate to avoid wasting effort and time.
How is the land use right certificate issued and exchanged?
Issuance and replacement of Certificate, Certificate of House Ownership, Certificate of Ownership of Construction Works, with the following contents:
1. The issuance and replacement of the issued Certificate, Certificate of House Ownership or Certificate of Ownership of Construction Works shall be carried out in the following cases:
a) The land user wishes to change the certificate of house ownership, the certificate of ownership of the construction works or other types of certificates issued before December 10, 2009 to the certificate of land ownership right; land use, ownership of houses and other land-attached assets;
b) The issued certificate, certificate of house ownership, certificate of ownership of construction works is stained, smudged, torn or damaged;
c) Due to the implementation of consolidation, change of plots, measurement and re-determining of the area and size of the land plot;
d) In case the land use right and ownership of land-attached assets are the common property of husband and wife and the issued Certificate only shows the full name of the wife or husband to record both the wife’s first and last name and the husband’s last name.
2. The land user shall submit 01 application for the replacement of the Certificate.
3. The land registration office is responsible for performing the following tasks:
a) Check the application file, certify in the application for the reason for the renewal of the Certificate;
b) Prepare a dossier and submit it to the competent authority for issuance of the Certificate of land use rights and ownership of houses and other land-attached assets;
c) Update and correct cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People’s Committees for handing over in case the dossier is submitted at the commune level.
4. In case of granting and changing the Certificate after consolidating and exchanging land, measuring and mapping cadastral maps but the issued Certificate is mortgaged at a credit institution, the land user shall submit a copy of the contract on mortgage of land rights. use land and land-attached assets instead of the issued Certificate to carry out procedures for renewal of new certificates.
The land registration office is responsible for notifying the list of cases in which the procedures for issuance and replacement of the Certificate are carried out to the credit institution where the land use rights and assets attached to the land are mortgaged; certify the registration of mortgage in the Certificate of land use rights and ownership of houses and other land-attached assets after being signed and renewed by a competent authority.
5. The awarding of the newly issued and renewed Certificate of land use rights and ownership of houses and other land-attached assets specified in Clause 4 of this Article shall be carried out simultaneously between three parties including the Land Registration Office, land users and credit institutions as follows:
a) The land user signs and receives a new certificate of land use rights and ownership of houses and other properties attached to land from the land registration office to hand it to the credit institution where the mortgage is being accepted.
b) The credit institution is responsible for handing over the old Certificate of mortgage to the Land Registration Office for management.
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Frequently asked questions
+ Townships and wards: 50,000 VND/paper.
+ Other areas: 25,000 VND/paper.
+ No more than 07 days from the date of receipt of valid application.
+ This time does not include the time of holidays and holidays as prescribed by law; does not include time for receiving dossiers at commune, time for fulfilling financial obligations of land users; does not include the time to consider and handle the case of land use in violation of the law, the time to solicit expertise.
+ For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time is increased. 10 days.
+ Results of settlement of administrative procedures must be returned to land users and owners of property on land within 03 working days from the date of receipt of settlement results.
+ For localities where the provincial People’s Committee has promulgated regulations on receiving, circulating dossiers, processing and returning results of procedure settlement according to time needs, the time for processing procedures shall be as agreed upon. Agreement between the person in need and the Land Registration Office, the Branch of the Land Registration Office, but within the time limit for carrying out the procedures prescribed by the Provincial People’s Committee.
+ Subjects carrying out administrative procedures: Households, individuals, residential communities, overseas Vietnamese may own houses associated with residential land use rights in Vietnam.
+ In case the certificate of land use right, certificate of house ownership and residential land use right, certificate of house ownership, certificate of ownership of construction works has been issued before Decree No. 88/2009/ND-CP dated October 19, 2009 of the Government comes into force when there is a need to issue and change the Certificate.
+ Households and individuals in rural areas are exempt from paying fees for the issuance of certificates. In case households and individuals in wards of cities and towns are granted certificates in rural areas, they are not exempt from the certificate issuance fee.
+ Name of the application form, declaration form: Form No. 10/DK: Application for re-grant or replacement of the Certificate of land use rights and ownership of houses and other land-attached assets issued together with this Circular. No. 24/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment.
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