On the Government Portal, citizens asked: According to the reflection of Mr. V.M.C (Lam Dong), point d, clause 2, Article 19 of Decree No. 101/2024/ND-CP stipulates that the land registration dossier receiving agency temporarily returns the dossier when receiving a document from a competent People's Court regarding the acceptance of a request to resolve land disputes and assets attached to land.
In fact, in many cases, the land registration dossier receiving agency only receives a petition from people accompanied by a photocopy of the court's acceptance notice. The land registration dossier receiving agency does not receive acceptance documents from the Court itself.
At the same time, the content of the prevention and the photocopy of the acceptance notice submitted by the people show that it is a dispute over a land use right transfer contract.
In addition, when the land registration dossier receiving agency has a written request to the Court, the Court responds that it does not apply preventive measures and the dispute being resolved is a dispute over a land use right transfer contract.
Mr. C asked, so, when these situations arise, is the land registration dossier receiving agency entitled to apply the provisions of point d, clause 2, Article 19 of Decree No. 101/2024/ND-CP to temporarily return people's dossiers?
Is the temporary return of dossiers like the situation mentioned above in accordance with the provisions of law? And is it necessary to understand the regulation at point d, clause 2, Article 19 of Decree No. 101/2024 that the agency receiving land registration dossiers must receive the accepted document from the Court itself, not receive it from people who request to prevent it?
The Ministry of Agriculture and Environment answers this question as follows:
Point d, clause 2, Article 19 of Decree No. 101/2024/ND-CP stipulates:
2. Agencies receiving dossiers, agencies resolving procedures do not receive dossiers or stop resolving procedures for land registration, assets attached to land and return dossiers to the applicant, except for cases of first-time land registration without issuing Certificates of land use rights, ownership of assets attached to land, in the following cases:
... d) Receiving a document from a competent People's Court regarding the acceptance of a request to resolve land disputes and assets attached to land".
Therefore, in case the land registration agency receives a prevention petition that is not from a competent People's Court regarding the acceptance of the petition for resolving land disputes and assets attached to land, there is not enough basis to return the dossier as prescribed.
The Ministry of Agriculture and Environment would like to provide information for you to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
