Authority to Grant Certificates of Land Use Rights, House Ownership Rights and Other Assets Attached to Land

In terms of land use rights, house ownership rights and ownership of construction works, the conditions for recognizing ownership rights to planted production forests are simpler, because the origin of the right to use and own planted production forests is not as diverse and complicated as for the other real estates mentioned above.

2.4. Authority to grant certificates of land use rights, house ownership rights and other assets attached to land

The authority to issue Certificates of land use rights, house ownership rights and other assets attached to land is an important content that needs to be regulated by law, in order to clearly demonstrate the unified State management of land, and at the same time help people know exactly where they need to go to apply for Certificates. Article 52 of the current Land Law stipulates:

o The People's Committee of a province or centrally-run city shall issue Certificates to organizations, religious establishments, overseas Vietnamese who are allocated or leased land to carry out investment projects; foreign organizations and individuals;

o The People's Committee of a district, town, or city under a province shall issue a Certificate to households, individuals, residential communities, and overseas Vietnamese who own houses associated with land use rights. [50, Article 52]

Maybe you are interested!

The above regulations on authority are consistent with the authority to allocate land, lease land, and permit change of land use purpose, thereby aiming to unify land management, accurately determine the person responsible for land allocation and adjustment, and inspect and supervise the legality of that land.

This provision clearly shows the development of land law in our country over time. If the 1987 Land Law did not mention this issue, the 1993 Land Law generally stipulated: any agency with the authority to allocate land has the authority to issue Land Use Right Certificates, then through the 2003 Land Law, amended and supplemented in 2009, we can clearly see the positive adjustment.

of the law in accordance with the country's development process.

In addition, the current Land Law also stipulates the issue of authorization to issue Certificates to speed up the process of issuing Certificates in accordance with the operations of the Department of Natural Resources and Environment. Accordingly, the Provincial People's Committee can authorize the Department of Natural Resources and Environment to issue certificates for cases under its authority.

The conditions for the Provincial People's Committee to authorize the Department of Natural Resources and Environment to issue a Certificate are specifically stipulated in Article 5 of Decree 88/2009/ND-CP, including:

- Established the Land Use Rights Registration Office under the Department of Natural Resources and Environment;

- The land use rights registration office has a staff, specialized staff, facilities and technical equipment that meet the requirements of the task of issuing Certificates.

It can be seen that this is a completely reasonable regulation when the Department of Natural Resources and Environment is the agency directly performing tasks such as land measurement, statistics and keeping cadastral records. Thereby, the progress of granting Certificates will be accelerated, reducing the burden on the People's Committee, while at the same time increasing the responsibility of other land management agencies at the same level so that State management of land will be increasingly more effective.

However, it should be noted that the authorization is only established and allowed at the provincial level between the Provincial People's Committee and the Provincial Department of Natural Resources and Environment, without delegating the issue of granting certificates to the district level. Therefore, the issuance of legal certificates on land use rights, house ownership rights and other assets attached to land is under the authority of the District People's Committee, while the Department of Natural Resources and Environment at the same level does not have this function.

2.5. Documents, procedures and formalities for granting Certificates of land use rights, house ownership rights and other assets attached to land:

The application for a certificate is the applicant's proof to the competent state agency of the legal basis of the property being requested for ownership and use. Accordingly, to ensure sufficient legal basis for the State to issue a certificate, the application for a certificate of land use rights, house ownership rights and other assets attached to the land must include the following documents:

1. Application for Certificate;

2. Depending on the specific status of each land plot, house and other assets attached to the land, one of the documents specified in Article 50 of the current Land Law; Articles 8, 9, 10 of Decree No. 88/2009/ND-CP; Articles 49, 51, 53, 55 of Decree No. 181/2004/ND-CP dated October 29, 2004 on the implementation of the Land Law; Article 36 of Decree No. 69/2009/ND-CP on land use planning, land prices, land recovery, compensation, support and resettlement;

3. Copies of documents related to the performance of financial obligations (if any);

4. Some other types of documents as prescribed by law.

With this set of documents, households and individuals must carry out the following necessary procedures to be granted a certificate:

Step 1: The People's Committee of the commune or town or the Land Use Rights Registration Office receives the dossier and verifies the application for a Certificate of land use rights dispute status, property ownership rights, compliance with land use planning, construction planning, etc., then publicly announces the inspection results within 15 days;

Step 2: The land use registration office is responsible for checking the records, verifying the field if necessary, and confirming whether or not the conditions are met.

Issue a Certificate, if sufficient, prepare documents with an extract of the cadastral map or a cadastral measurement of the land plot for the competent authority to sign the Certificate;

Step 3: District-level records are certified by the District People's Committee, provincial-level records are certified by the Provincial People's Committee or the Department of Natural Resources and Environment.

Step four: The place that receives the application for the certificate is responsible for handing over the certificate to the applicant.

The time limit for handling procedures for granting Certificates of land use rights, house ownership rights and other assets attached to land from the date of receiving valid documents is no more than 50 working days for cases of first-time granting of Certificates; no more than 30 working days for cases of re-granting of Certificates of land use rights with the need to supplement the certificate of ownership of assets attached to land or re-granting of lost Certificates; no more than 20 working days for cases of re-granting of Certificates not falling under the above cases.

This time does not include the time for publicizing the results of the examination, performing financial obligations, and extracting cadastral measurements of land plots. On the other hand, the People's Committees at all levels shall specify the time for carrying out the granting procedures.

The above regulations have contributed to simplifying administrative procedures for granting certificates of land use rights, house ownership rights and other assets attached to land, creating conditions for people to fully enjoy their rights.

Objectively, the procedures for granting certificates under the provisions of the 2003 Land Law have been clearly changed and represent a breakthrough reform compared to previous land laws. This is an issue that foreign experts consider a "bright spot" in the Land Law.

2003. That can be seen through 5 positive changes compared to the previous law:

Firstly, there is a unified process for registration and issuance of land use right certificates for individual households, for all types of land without classifying different types of land associated with making records and procedures at different certification agencies as before. This unification has created extremely favorable conditions for civil servants and land users to easily learn and apply.

Second , the application file is extremely simple, consisting of only 3 main types of documents mentioned above. This simplicity helps applicants to prepare their application file more conveniently and demonstrate their necessary and sufficient conditions to the State to be granted a certificate.

Third, agree on publicly posting the results of the commune-level review: Public disclosure is important, this is an opportunity for people to contribute their opinions to detect errors or for related people to present their questions, complaints, and disputes if any. This is an important condition to decide whether to grant a certificate or not.

Fourth, the process of granting land use right certificates is unified into one agency.

Decree No. 181/2004/ND-CP stipulates the procedures under the one-stop mechanism. For rural land, the one-stop shop will be the People's Committee of the commune (Article 135 of Decree No. 181/2004/ND-CP) and for urban land, it will be the District Land Use Rights Registration Office. The introduction of the one-stop shop model, one focal point being the Land Use Rights Registration Office is one of the highlights, an effective measure to promote the completion of the issuance of land use rights certificates. The Land Use Rights Registration Office can be considered as the "arm connecting

long-term" of state management agencies. It has the role of helping to solve operations while being consistent with the development trend of an integrated economy, reducing state subsidy costs.

Fifth, agree on the time: issuing certificates to people from the time of submitting all the required documents until receiving them is 55 days. This is the ideal time that can be resolved if all factors are considered by the agencies in charge of issuing certificates and people voluntarily and seriously comply.

2.6. Financial obligations of land users when granted a Certificate of land use rights, house ownership rights and other assets attached to land

2.6.1. Land use fee, land rent

Land use fee and land rent are the amounts of money that land users are obliged to pay to the State Budget when the State allocates land with land use fee collection or leases land.

In principle:

- All land users who meet the conditions prescribed by law and are granted land use right certificates and the time of land use arises before October 15, 1993 are not required to pay land use fees;

- Land use cases arising from October 15, 1993 onwards that meet the conditions for being granted a land use right certificate will be granted and land use fees must be paid.

- Land users must fulfill corresponding financial obligations for specific purposes and forms of land use. Specifically:

+ Households and individuals who are allocated land by the State for housing must pay land use fees;

+ Households and individuals who rent land and pay annually must pay land rent;

+ Households and individuals receiving land use rights transfer must pay income tax from land use rights transfer;

Along with that, during the process of granting certificates, competent state agencies will collect financial obligations from households and individuals in some specific cases such as:

- Households and individuals using residential land from October 15, 1993 to the time of issuance of land use right certificates but have not paid land use fees must pay land use fees.

- Households and individuals who are using land without documents and have houses on the land, but have used it stably since October 15, 1993 and have been confirmed by the commune to have no disputes and to be in accordance with the planning, will be granted a Certificate and pay land use fees calculated at 50% of the land price prescribed by the Provincial People's Committee at the time of granting the land use right certificate (for the residential land area within the limit prescribed by the Provincial People's Committee); for the residential land area exceeding the limit, 100% of the land use fee will be paid.

In case the land has non-residential construction works, the area of non-agricultural land and the area of agricultural land must be determined according to the current usage status. Land users must pay land use fees for non-agricultural land at a rate equal to 50% of the land use fees for the determined type of non-agricultural land; the land price for calculating land use fees is the price of land used for non-agricultural purposes of the same type;

- Households and individuals who are using residential land allocated by land-using organizations to which the State has allocated land without collecting land use fees, or to which the State has leased land, voluntarily changed the land use purpose to residential land and distributed that residential land to cadres and employees of the organization during the period from October 15, 1993 to November 13, 2004 (the effective date of Decree No. 198) when being granted a land use right certificate, shall pay land use fees according to the following provisions:

+ Collect land use fee equal to 50% of land use fee for area

within the land allocation limit; this regulation is only applied once for households and individuals; the next land allocation collects 100% of the land use fee;

+ Collect land use fee equal to 100% of land use fee for area exceeding residential land allocation limit.

- Households and individuals using land encroached to build houses, if in accordance with residential area planning and eligible for granting land use right certificates according to the provisions of law, when granting land use right certificates to households and individuals, land use fees shall be collected as follows:

+ In case of land use before October 15, 1993, land use fee is collected at 50% of the land price prescribed by the Provincial People's Committee for the land area within the new residential land allocation limit; collected at 100% of the residential land price decided by the Provincial People's Committee in accordance with the actual land use right transfer price on the market at the time of granting the land use right certificate for the area outside the residential land allocation limit.

+ In case of land use from October 15, 1993 to before July 1, 2004, land use fee is collected at 100% according to the land price prescribed by the Provincial People's Committee for the area within the new residential land allocation limit; for the area outside the residential land allocation limit, land use fee is collected at 100% decided by the Provincial People's Committee in accordance with the actual land use right transfer price on the market at the time of granting the land use right certificate.

2.6.2. Registration fee

Registration fee is a financial obligation of owners and users of properties that are required to register home ownership and land use rights at competent state agencies. Currently, registration fee is recorded in Circular No. 68/2010/TT-BTC dated April 26, 2010 guiding on registration fee, according to which the subjects subject to registration fee are: House (residential house,

Comment