Accelerate The Completion Of Certification For The First Time In 2017

The Ministry of Natural Resources and Environment (MONRE) recently sent a request to the Department of Environment and Natural Resources of provinces and cities under the Central Government to review, categorize and classify outstanding cases that have not yet received the first-time certificates for each type of land.

At the same time, the Ministry has organized inspection teams to deal with certification for the first time in 2 large cities of Hanoi and Ho Chi Minh City.

You can read more information at Vietnam Real Estate Law

Test results show that in cases of backlog, they can only be dealt with in about 25% of cases.

Most cases are not solved or cannot be resolved immediately by first, according to the provisions of land law, the land user has issued a paper if there is a need to fulfill financial obligations on land; the remaining backlogs are mainly left-handed and land encroachment.

Whereas land use fees for these cases are currently too large for land prices, in particular, the requirement that land users only be entitled to a quota for land, the remaining area has to pay so many households do not have enough economic to implement.

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Many cases of land allocation contrary to their competence have been merged with those who have been granted the previous certificates without having to pay money (previously using land before October 15, 1993 according to the provisions of Decree No. 84/2007 / ND-CP is not subject to payment, but now, according to Decree No. 45/2014 / ND-CP, 40% of land use fee must be paid without proof of payment.)

Second, many cases do not qualify for certification as undocumented and currently disputed land; land without papers on land use right and handwritten notes from January 1, 2008, or later or current use not in accordance with the land use planning; The land is in the area where the notice or land acquisition decision is made.

Especially, many cases are in the area where the land recovery notice has been issued for many years to implement works, projects, and judgments (mainly in large urban areas like Hanoi) but not implemented, the locality did not adjust or cancel this plan.

Land of people in agricultural land and forestry farms but not yet completed the measurement and demarcation of agricultural and forestry farms to hand over to local authorities to issue certificates.

MONRE will continue to direct the issuance of certificates for eligible cases and the need to issue certificates (with sufficient financial capacity to be issued). In the remaining cases where the certificate is not issued, the local authority shall direct the land registration in accordance with the provisions of the Land Law.

Recently, the Ministry has coordinated with the Ministry of Construction to advise the Government on land use right certificates to issue construction permits. As a result, land users who are registered with the land and who are qualified to issue a certificate will have a building permit in order to stabilize their lives.

See more information at Vietnam Real Estate News

In parallel with this, the ministry also proposed that the Ministry of Finance in collaboration with the Ministry of research to submit to the Government to amend the regulation on the determination of residential land in cases where people are using more land… in the direction of determining the residential land limit for calculating the land use levy for each land plot and the price of land used is the price prescribed by the provincial-level People’s Committee.

The cases of land assignment contrary to the competence before October 15, 1993, shall not have to pay land use levy to ensure the inheritance of the provisions of Decree No. 84/2007 / ND-CP. In the remaining cases of land use, the land price set by the provincial people’s committee is applied.

Localities need to review or cancel land use planning for areas where land notices or land acquisition decisions have been issued but have not been implemented for more than 3 years in order to issue certificates to the public.

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