The Ministry of Agriculture and Environment is soliciting comments on the draft Law amending and supplementing a number of articles of the 2024 Land Law. In particular, this Ministry proposed to amend and supplement regulations on land registration, issuance of Certificates of land use rights, and ownership of assets attached to land (red books - PV).
Regarding land registration, in the draft law, the Ministry of Agriculture and Environment proposes to amend and supplement Point a, Clause 1 and Clause 2, Article 133 in the direction of adding a number of contents to unify with specialized laws such as adding registration of changes in cases of transfer of mineral exploitation rights, purchase of houses and construction works in real estate projects.
According to the Ministry of Agriculture and Environment, this amendment meets new requirements on digital transformation in land registration and assets attached to land.
At the same time, the law on geology and minerals stipulates the transfer of mineral exploitation rights; organizations and individuals receiving the transfer of mineral exploitation rights inherit the rights and obligations of organizations and individuals stipulated in the mineral exploitation license and comply with the provisions of law. To ensure consistency with this regulation, it is necessary to add registration of changes in this case.
Regarding the regulation on granting red books, the Ministry of Agriculture and Environment proposed to amend and supplement Clause 2 and Clause 3, Article 148, Clause 2 and Clause 3, Article 149 of the 2024 Land Law in the direction of not stipulating that households and individuals must seek opinions from the construction management agency to confirm the eligibility for the existence of construction works in cases where a construction permit is required but the dossier does not have the documents specified in Clause 1 of these articles when granting red books, and at the same time, supplement the regulation that households and individuals are responsible for the safety of the works.
Along with that, supplement the regulation on certifying the ownership of houses and works for organizations to clarify the content of "having documents in accordance with the provisions of the law on housing and the law on construction".
At the same time, there are regulations on handling cases of houses and constructions that are not in accordance with documents, there must be opinions from relevant agencies on construction safety and construction planning, as a basis for issuing certificates for assets.
Ms. Pham Thi Thinh - Head of the Department of Land Registration and Surveying (Department of Land Management) said that the procedures for registering land, assets attached to land, and issuing a Certificate of land use rights and ownership of assets attached to land for the first time for households, individuals, communities, and people of Vietnamese origin residing abroad include 3 steps.
Step 1: The candidate submits the application to the Public Administration Service Center.
Step 2: The dossier receiving agency checks the completeness of the dossier components, issues a dossier receipt and makes an appointment to return the results. In case the documents are not complete, the additional and complete application form will be returned so that the registered person can complete and supplement according to regulations.
Step 3: The People's Committee of the commune where the land is located checks the actual land use of the organization, determining the specific boundary of the land plot. In this step, the Chairman of the Commune People's Committee will decide on the form of land use or cases of exemption from land use fees and land rents and direct the sending of information transfer forms to determine financial obligations.
The Chairman of the Commune People's Committee will issue a certificate after receiving a notice from the tax authority on the completion of financial obligations. At the same time, the Commune Chairman directed the transfer of the dossier with a copy of the issued certificate to the Land Registration Office to prepare, update, and revise cadastral records and land database.
