ADK & CO en, ADK & Co Vietnam Lawyers, ADK Law Firm, ADK Vietnam, ADK Lawfirm,

REGISTRATION PROCEDURES FOR CERTIFICATES OF LAND USE RIGHTS FOR THE FIRST TIME

Legal grounds:

Law on Land 2013;

Decree 91/20219/NĐ-CP;

Decree 43/2014/ND-CP;

Decree 01/2017/ND-CP;

Decree 148/2020/ND-CP;

Circular 24/2014/TT-BTNMT;

Circular 33/2017/TT-BTNMT.

1. When does the land user register for the first Certificate of land use rights, ownership of houses and properties attached to land (“LURC”)?

The land plot is allocated or leased for use;

The land plot is being used without registration;

The land plot is allocated for management without registration;

Houses and other assets attached to land have not been registered.

2. What is the application file for the first LURC?

Based on Article 8.1 of Circular 24/2014/TT-BTNMT, the application file includes:

An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/DK of Circular 24/2014/TT-BTNMT;

One of the documents specified in Article 100 of the Land Law and Article 18 of Decree No. 43/2014/ND-CP for registration of land use rights;

One of the documents specified in Articles 31, 32, 33, and 34 of Decree No. 43/2014/ND-CP for registration of ownership of land-attached assets.

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). suitable to the current status of houses and constructions);

Report on the results of reviewing the current status of land use in case domestic organizations or religious establishments are using land before July 1, 2004, according to Form No. 08/DK of Circular 24/2014/TT-BTNMT;

Proof of fulfillment of financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);

For units of the people's armed forces using land for national defense and security purposes, in addition to the papers specified at Points a, b, and d above, there must be a decision of the Minister of National Defense or the Ministry of Defense. the Minister of Public Security on the location of the army station or the location of the work; a copy of the Prime Minister's decision approving the master plan on land use for national defense and security purposes in the area of military zones, units of the Border Guard Command, in the province, the city directly under the Central Government that has the name of the unit applying for the LURC;

In case there is registration of limited use right to the adjacent land plot, there must be a contract or written agreement or decision of the People's Court on the establishment of the limited use right of the adjacent land parcel, enclosed with The diagram shows the location and size of the area of the land plot that the users of the adjacent land parcel have limited use rights.

(*) The applicant has the right to choose one of the following forms of submission:

Submit copies of notarized or authenticated documents in accordance with the law on notarization and authentication;

Submit a copy of the document and present the original for the officer receiving the dossier to check and verify on the copy;

Submit original documents.

3. What is the procedure for applying the first LURC?

According to Article 1.19 of Decree 148/2020/ND-CP, the procedure for applying the first LURC as follows:

Step 1: Submit your application

- For localities where the Office/Branch of Land Registration Office receives the dossier and returns the results of settlement of the procedure the subject wishing to register shall submit the application at the Office/Branch of the Land Registration Office.

- For localities where the land registration office has not yet been established:

The Provincial-level Land Registration Office shall receive dossiers for organizations, religious establishments, overseas Vietnamese implementing investment projects, foreign organizations, and foreign individuals, foreign-invested enterprises;

The District-level Land Registration Office shall receive dossiers for households, individuals, residential communities, and overseas Vietnamese who are entitled to own houses associated with residential land use rights. in Viet Nam.

- In case a household, individual, or community wishes to submit a dossier at the Commune-level People's Committee, the Commune-level People's Committee of the locality where the land is located shall receive the dossier and return the results.

Step 2: Receipt of application

The application-receiving agency is responsible for recording all information in the application-receiving book and returning the results and handing the receipt to the applicant.

In case the application is incomplete or invalid, within 03 working days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application according to the regulations. regulations (Article 2.40 of Decree 01/2017/ND-CP).

Step 3: Solve

The one-stop department receives dossiers and returns results, except for the case of receiving dossiers and returning results at locations outside the headquarters of the Office/Branch of the Land Registration Office according to the needs of land users and owners of assets attached to the land.

The registrant fulfills financial obligations and keeps proof to present upon receipt of the LURC.

Step 4: Give the result

After the District-level People's Committees decide to grant LURCs to households and individuals, the Land Registration Office will update the information in the cadastral book and grant the LURC to the grantee who has submitted documents of financial obligation fulfillment (or has written by a competent authority to determine that he or she is exempt from financial obligations); or send the LURC to the commune-level People's Committee to hand it over to the grantee in case the application is submitted at the commune level.

Results shall be returned to land users and owners of property on land within 03 working days from the date of receipt of settlement results; The registration of land and land-attached assets takes effect from the time of registration in the cadastral book.

In case the dossier is not eligible for settlement, the application-receiving agency shall return the dossier and notify the reason for ineligibility for settlement. In case of first registration but are not eligible for issuance of LURCs, the current land users may temporarily use the land until the State issues a decision on handling according to the Government's regulations.

Time limit for processing applications

According to Article 2.40 of Decree No. 01/2017/ND-CP:

In case of registration of land and land-attached assets: within 30 working days;

In case the recipient transfers land use rights and ownership of houses and construction works of construction investment organizations: within n 15 working days;

In case of registration of change of land-attached assets: within 15 working days;

For communes in mountainous, island, deep-lying, and remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time for each type of procedure specified in this Article is extended by 10 working days, except for the land dispute conciliation procedure.

This time does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the 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.

4. Legal consequences of not carrying out land registration procedures

According to Article 17 of Decree 91/2019/NĐ-CP, in case of failure to register the LURC for the first time, administrative violations shall be handled as follows:

- In rural areas:

A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed if, within 24 months from the effective date of this Decree, land registration is not performed for the first time;

A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed if the first-time land registration is not performed within 24 months from the effective date of this Decree.

- In urban areas: the sanction level is equal to 02 times the sanction level in rural areas with corresponding violations.

- Remedial measures: must carry out land registration procedures according to regulations.

ADK & Co Vietnam Lawyers