Illustrative photo. (Source: VNA)
With this guidance, the provincial level will issue land use right certificates in many special cases such as: issuing certificates for land plots with increased area due to boundary adjustment; exchanging or reissuing lost certificates; revoking incorrectly issued certificates; issuing certificates to transferees who have not completed procedures before August 1, 2024; or issuing certificates for cases of land use for improper purposes before 2014.
In addition, the provincial level is also responsible for procedures on land allocation, land lease, and land use conversion, especially in projects that do not go through auction or have large investment scales.
The authority to correct decisions related to errors in boundaries, areas, or allocation of sea areas for sea encroachment also belongs to the provincial level.
At the same time, the functions of land division and consolidation, initial land registration, dispute resolution, provision of land data, cancellation of land use fee debt and registration of assets attached to land in real estate projects... are also performed at the provincial level to ensure consistency and high accuracy in management.
The commune level will issue land use right certificates in the following cases: registration and issuance of first-time certificates to organizations using land; issuance of certificates to households, individuals, residential communities or people of Vietnamese origin residing abroad; re-determination of residential land areas that have been granted certificates before July 1, 2004; correction of erroneous certificates; revocation and re-issuance of incorrectly granted certificates.
Regarding land allocation, land lease, and land use purpose conversion, the commune level carries out 5 procedures including: land allocation, land lease without auction; change of land allocation/lease form; adjustment of land allocation and land lease decisions when there are changes in legal basis or boundaries, area; and land allocation without auction for a number of priority groups such as civil servants, teachers, medical staff in difficult areas, and permanent residents in the commune who do not have land for residence.
According to Decree No. 151/2025/ND-CP of the Government on the division of authority between two-level local authorities in the field of land, there are also 4 new regulations related to the issuance of red books applied from July 1 when merging and abolishing the district level.
Experts recommend that people need to clearly understand these contents to properly follow legal procedures in the land sector.
Specifically, in Article 5 of Decree No. 151, the Chairman of the People's Committee at the commune level will have the authority to sign and issue land use right certificates (red books) to domestic individuals, Vietnamese people residing abroad who are Vietnamese citizens and residential communities.
In addition, the People's Committee at the commune level is also authorized to perform tasks such as approving compensation, support and resettlement plans; approving plans for enforcement of land recovery decisions and enforcement costs; deciding on specific land prices; deciding on the selling prices of resettlement housing in the area.
Notably, the procedure for first-time issuance of red books has been shortened. Decree No. 151 stipulates the time for carrying out procedures for land registration, property attached to land, and issuance of red books. Specifically, first-time registration of land and property attached to land is no more than 17 working days; first-time issuance of certificates is no more than 3 working days.
Compared to the current regulations in Clause 1, Article 22 of Decree No. 101/2024, the registration time can be up to 20 working days, while the time for granting the certificate remains at 3 working days.
Thus, from July 1, the time to carry out procedures for land change registration, issuance or exchange of red books ranges from 1-20 working days depending on each specific case.
Among these, cases of transfer, donation, inheritance, and capital contribution of land use rights or assets attached to land shall not exceed 8 working days.
Changing land user information or land plot address does not exceed 4 working days; correcting the issued red book does not exceed 8 working days. Changing land use purpose does not exceed 7 working days.
For convenience, people can choose where to submit their application within the same province or city. This regulation is clearly stated in Clause 1, Article 18 of Decree 151.
People can choose to submit land registration applications at any unit in the same province or city, instead of only submitting at the place where the land is located as before.
This regulation applies to the records specified in Clause 3 and Clause 4, Article 21 of Decree No. 101/2024/ND-CP, including records of initial registration of land and assets attached to land and records of registration of changes in land and assets attached to land.
In particular, there is no need to confirm that the land is in accordance with the planning, has no disputes, and is in stable use. Clause 4, Article 18 of Decree 151/2025 stipulates that when carrying out procedures for granting red books, the People's Committee at the commune level does not need to separately confirm that the land is in accordance with the planning, has no disputes, and is in stable use as before. This will help shorten processing time and reduce administrative procedures./.
According to VNA
Source: https://baothanhhoa.vn/chu-tich-ubnd-cap-xa-duoc-cap-giay-chung-nhan-quyen-su-dung-dat-tu-ngay-1-7-253629.htm
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