Decision 2304/QD-BNNMT announces administrative procedures in the land sector under the state management of the Ministry of Agriculture and Environment.
This Decision stipulates the procedures for registering land and assets attached to land, granting Certificates of land use rights and ownership of assets attached to land for the first time for organizations currently using land.
Step 1: The registration ung dungor submits the application to the Public Administration Service Center or the Land Registration Office.
When submitting the prescribed documents, the registration fee is selected to submit a copy of the document and present the original for the officer receiving the application to check the comparison or submit the original of the document or submit a notarized or certified copy of the document according to the provisions of the law on notarization and certification; in case of submitting the application online, the submitted dossier must be digitized from the original or the certified and certified copy of the document according to the provisions of law.
In case of submitting a copy or digital copy of all documents, when receiving the results of handling administrative procedures, the registered candidate must submit the original documents of the dossier as prescribed, except for documents such as construction permit, investment approval decision, investment decision, investment certificate, approval decision or approval decision to adjust detailed construction planning, detailed construction planning adjustment map.
Step 2: The dossier receiving agency implements:
- Check the completeness of the dossier components and issue a dossier receipt and schedule a return of results.
In case the documents are not complete, the documents must be returned with the Supplement and Complete Application Form so that the applicant can register to complete and supplement according to regulations.
- Transfer the dossier to the People's Committee of the commune where the land is located.
Step 3: The People's Committee of the commune where the land is located inspects the actual land use of the organization, determines the specific boundary of the land plot according to the provisions of Clause 2, Article 142 and Clause 2, Article 145 of the Land Law and performs the following tasks:
3.1. Chairman of the People's Committee at the commune level:
- Decision on land use form according to Form No. 20 issued with Decree No. 151/2025/ND-CP for cases of land use form according to the provisions of Article 118 and Clause 3, Article 120 of the Land Law or cases specified in Article 119 and Clause 2, Article 120 of the Land Law that are exempted from all land use fees and land rents.
- Direct the sending of Information Transfer Form to determine financial obligations on land according to Form No. 19 issued with Decree No. 151/2025/ND-CP to the tax authority in cases where financial obligations must be fulfilled.
- Issuing a Certificate of land use rights and ownership of assets attached to land after receiving a notice from the tax authority on the completion of financial obligations.
- Direct the transfer of documents with a copy of the issued Certificate to the Land Registration Office to establish, update, and edit cadastral records and land database.
3.2. In case of land use in the form prescribed in Article 119, Clause 2, Article 120 of the Land Law and not subject to exemption from all land use fees and land rents for the entire lease term, the dossier shall be transferred to the competent provincial land management agency.
Step 4: The competent provincial land management agency shall:
- Submit to the Chairman of the Provincial People's Committee to decide on the form of land use according to Form No. 20 issued with Decree No. 151/2025/ND-CP.
- Determine land prices and send a Transfer Form to determine financial obligations for land according to Form No. 19 issued with Decree No. 151/2025/ND-CP to the tax authority to determine and notify the land user of financial obligations collection.
- Issuing a Certificate of land use rights and ownership of assets attached to land after receiving a notice from the tax authority on the completion of financial obligations.
- Transfer the Certificate to the dossier receiving agency to give to the granted person; establish, update, and edit cadastral records and land databases.
