Procedures for Issuing Land Use Rights Certificate

The legality of the land once again determines the establishment of land use rights (legal establishment) for land users.

Before the promulgation of the 2003 Land Law, the authority to issue land use right certificates was not clearly and specifically regulated, and did not demonstrate the spirit of administrative procedure reform. It did not create initiative for agencies and convenience and ease for people. This is also one of the reasons for the slow progress of issuing certificates in recent times.

To overcome the above situation, the 2003 Land Law was issued on the basis of building a unified land law system with amended and supplemented regulations on the authority to issue land use right certificates. Next, based on the practical situation of the issuance of land use right certificates, the National Assembly continued to amend Article 52 of the 2003 Land Law, thus stipulating the authority to issue land use right certificates as follows:

1. The People's Committees of provinces and centrally run cities shall issue Certificates of land use rights, house ownership rights and other assets attached to land to organizations, religious establishments, overseas Vietnamese who are allocated or leased land to carry out investment projects; foreign organizations and individuals.

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2. The People's Committees of districts, towns, and provincial cities issue Certificates of land use rights, house ownership rights, and other assets attached to land to households, individuals, residential communities, and overseas Vietnamese who own houses attached to land use rights.

3. The competent authority to issue the Certificate of land use rights, house ownership rights and other assets attached to land as prescribed in Clause 1 of this Article is authorized to the natural resources and environment management agency at the same level.

The Government shall specify the conditions for authorization to grant certificates of land use rights, house ownership rights and other assets attached to land.

4. The provincial and district-level natural resources and environment management agencies are the focal points for receiving dossiers and carrying out procedures for submission to the People's Committees at the same level for regulations.

in Clause 1 and Clause 2 of this Article to grant Certificates of land use rights, house ownership rights and other assets attached to land.”

This regulation shows the specificity and clarity in determining the authority to issue land use right certificates and the subjects to whom the provincial People's Committee issues land use right certificates. Accordingly, the authority to issue land use right certificates is determined based on the subjects of land use and is also determined based on the authority to allocate and lease land. This regulation aims to ensure consistency in State management of land. Determine the person responsible for the allocation and adjustment of land and the inspection and supervision of the legality of that land.

In addition to clearly and specifically regulating the authority to grant land use right certificates of competent State agencies, the Law amending and supplementing the 2003 Land Law continues to mention that competent State agencies are authorized to authorize the same-level natural resources and environment management agency to grant land use right certificates in Clause 3, Article 52 and specify the conditions for authorization in Article 5 of Decree 88/ND-CP as follows:

The Provincial People's Committee authorizes the Department of Natural Resources and Environment to issue Certificates to domestic organizations, religious establishments, overseas Vietnamese, foreign organizations, foreign individuals and affix the seal of the Department of Natural Resources and Environment when the following conditions are met:

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

2. 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.

In addition, the Law amending and supplementing the Land Law also stipulates more clearly the direct assignment to the provincial and district-level Natural Resources and Environment Management Agency as the focal point for receiving dossiers and carrying out procedures to submit to the People's Committee of the same level.

prescribed in Clause 1 and Clause 2, Article 52 to grant Certificates of land use rights, house ownership rights and other assets attached to land.

This is a necessary and appropriate regulation for land management, to accelerate the progress of granting land use right certificates and reform administrative procedures. This regulation both reduces the workload for the People's Committee and increases the responsibility of the land management agency at the same level. On this issue, there is also a view that the district level is also allowed to delegate or more broadly assign it to the specialized natural resources and environment management agency to carry out. When the work of granting certificates is simply a procedure, recognizing the legal land use rights of the people based on solid legal bases as stipulated in Article 56 of Decree 181 guiding the implementation of the 2003 Land Law, is there any difference between the provincial land management agency and the district land management agency in carrying out procedures to legalize land use rights? Is it true that the issuance of land use right certificates is an important measure to demonstrate the State's right to decide on land on behalf of the owner, so it must be carried out by the People's Committees at the provincial and district levels? The land management agency is an advisory body to assist the People's Committee in State management of land, and is the agency that directly performs the work of investigation, measurement, statistics, monitoring of land fluctuations, keeping cadastral records, etc., so it will grasp the land situation and facilitate the issuance of land use right certificates. Moreover, doing so will not only not lose the unity in State management of land, but also not affect the State's right to decide on land, and land use right certificates will be issued faster to the people. This regulation is very suitable in theory, however, in practice, it shows that if it is assigned to the district-level Department of Natural Resources and Environment to implement, in cases authorized by the district-level People's Committee, in reality, this agency will not be able to fulfill its obligations. Because currently, the district-level staff in this field is still weak; professional qualifications have not been standardized on a large scale in all localities nationwide (especially in the provinces).

This is also an inappropriate problem of the provisions on authority in the Land Law because it is not reasonable for the uneven socio-economic development situation in our country.

2.1.3.2. Procedures for granting land use right certificates

Procedures for granting land use right certificates are the methods, steps, and necessary procedures for the granting of land use right certificates. These regulations aim to guide and instruct people to exercise their rights correctly and in accordance with the law.

The 2003 Land Law, with its policy of simplifying administrative procedures, has made major changes to the procedures for granting land use right certificates. Publicizing administrative procedures; clearly defining the procedures for organizations, individuals, and households related to land allocation, land lease, and land use right transfer, and income tax payment with the granting of land use right certificates is a cycle. Linking the activities of land management agencies with the activities of tax agencies in the direction of administrative reform, overcoming the repeated repetition of records, examination of records, examination of tax obligations, and then carrying out procedures for granting land use right certificates as before. Article 122, Article 123 of the 2003 Land Law and Decree 181 of the Government guiding the implementation of the 2003 Land Law clearly stipulate this issue, but have not clearly defined the cases of granting land use right certificates for land with or without houses and constructions on the land. Decree 88/2009/ND-CP has detailed specific regulations on records, procedures and procedures for granting land use right certificates. Accordingly, it is determined that land users can submit applications for land use right certificates to the district-level land use right registration office or the People's Committee of the commune or town in the following specific cases:

* In case the land plot has no property attached to the land or has property but does not need to certify ownership or has property but belongs to another owner [11, Article 14]

1. The applicant for a Certificate shall submit one (01) set of documents including:

a) Application for Certificate;

b) One of the documents on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) Copies of documents related to the performance of financial obligations on land as prescribed by law (if any).

2. In case the applicant for a Certificate submits the application to the People's Committee of the commune or town, the People's Committee of the commune or town shall be responsible for performing the following tasks:

a) Check and confirm the application for a Certificate of land use rights dispute status; in case there are no documents on land use rights as prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, check and confirm the origin and time of land use, the status of land use disputes, and the conformity with the approved land use planning and construction planning.

In case there is no cadastral map, before performing the work at this point, the People's Committee of the commune or town must notify the district-level Land Use Rights Registration Office to conduct cadastral measurement of the land plot;

b) Publicly announce the inspection results at the headquarters of the People's Committee of the commune or town within 15 days; consider and resolve comments on the public content;

c) Submit the dossier to the district-level land use rights registration office where the land is located to perform the tasks specified in points b, c and d, Clause 3 of this Article.

3. The district-level land use rights registration office is responsible for performing the following tasks:

a) Send the dossier to the People's Committee at the commune level to get confirmation and publicize the results according to the requirements specified in Points a and b, Clause 2 of this Article in case the dossier is submitted at the District-level Land Use Rights Registration Office;

b) Check the documents, verify on-site if necessary; confirm eligibility or ineligibility for land use rights certification in the application for a Certificate;

c) Prepare documents with extracts of cadastral maps or cadastral measurements of land plots (for places where there are no cadastral maps) for the Department of Natural Resources and Environment to submit to the People's Committee of the same level to sign the Certificate and sign the land lease contract in cases where the State leases land;

d) Award the Certificate to the person granted the certificate. In case the application is submitted at the commune or town, the Certificate shall be sent to the People's Committee of the commune or town to award to the person granted the certificate.

* In case of property attached to land where the owner is not at the same time the land user [11 , Article 15]

1. The applicant for a Certificate shall submit one (01) set of documents including:

a) Application for Certificate;

b) In case of certifying house ownership, submit documents on house ownership as prescribed in Clauses 1, 2 and 4, Article 8 of this Decree; in case of certifying construction ownership, submit documents on construction ownership as prescribed in Clauses 1 and 3, Article 9 of this Decree; in case of certifying ownership of planted production forests, submit one of the documents on forest ownership as prescribed in Clauses 1, 2, 3, 4 and documents in Clause 7, Article 10 of this Decree;

c) Copies of documents related to the performance of financial obligations as prescribed by law (if any);

d) Diagram of the house or construction work (except in cases where the documents specified in Point b of this Clause already include a diagram of the house or construction work).

a) Check and confirm the application for a Certificate of property ownership dispute status;

b) Check and confirm the house or construction plan (except in cases where the house or construction plan has been confirmed by a legal entity engaged in construction activities or map measurement activities);

c) Publicly announce the results of the file inspection at the headquarters of the People's Committee of the commune or town within 15 days, and consider and resolve comments on the public content;

d) Submit the dossier to the district-level Land Use Rights Registration Office to perform the tasks specified in Points b, c and d, Clause 3 of this Article.

3. The district-level land use rights registration office is responsible for performing the following tasks:

a) Send the dossier to the People's Committee at the commune level to get confirmation and publicize the results according to the requirements specified in Points a, b and c, Clause 2 of this Article in case the dossier is submitted at the District-level Land Use Rights Registration Office;

b) Check documents, verify on-site if necessary; determine eligibility

n or not eligible to certify property ownership and confirm on the application for a Certificate.

In case it is necessary to verify additional information on the conditions for certifying ownership of assets attached to land, the Land Use Right Registration Office shall send a request for comments to the housing and construction management agency and the district-level agricultural management agency. Within no more than five (05) working days from the date of receipt of the request for comments, the housing and construction management agency and the agricultural management agency shall be responsible for responding in writing to the Land Use Right Registration Office;

c) Prepare documents with extracts of cadastral maps or cadastral measurements of land plots (where there is no cadastral map) for the Department of Natural Resources and Environment to submit to the People's Committee of the same level to sign the Certificate;

d) Hand over the Certificate to the person granted the certificate. In case of submitting the application at the commune or town, send the Land Use Right Certificate to the People's Committee of the commune or town to hand over to the person granted the certificate.

* In case the land user is also the owner of the house or construction work [11, Article 16]

1. The applicant for a Certificate shall submit one (01) set of documents including:

a) Application for Certificate;

b) One of the documents on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);

c) Documents on house ownership as prescribed in Clause 1 and Clause 2, Article 8 of this Decree in case the property is a house;

d) Documents on ownership of construction works as prescribed in Clause 1, Article 9 of this Decree in case the property is a construction work;

d) Copies of documents related to the performance of financial obligations as prescribed by law (if any);

e) Diagram of the house or construction work (except in cases where the documents specified in points b, c and d of this clause already include a diagram of the house or construction work).

3. The district-level land use rights registration office is responsible for performing the tasks prescribed in Clause 3, Article 14 and Clause 3, Article 15 of this Decree.

The procedure for granting land use rights certificates can be generalized according to the following diagram:

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