Decree 101/2024/NĐ-CP: Enhancing the effectiveness of land registration and the issuance of land use right certificates

On July 29, 2024, the Government issued Decree No. 101/2024/ND-CP ("Decree 101") regulating basic land investigation; registration, issuance of certificates of land use rights, ownership of assets attached to the land, and the land information system. The new decree introduces significant changes in the issuance of land use right certificates and ownership of assets attached to the land (hereinafter referred to as "Red Book") starting from August 1, 2024. Below are some noteworthy points of Decree 101:

1. Initial Issuance Time for Red Book Not Exceeding 03 Working Days

According to the provisions of Decree 101/2024/ND-CP, the process of initial land and asset registration attached to the land will be completed within no more than 20 working days; the issuance of the land use rights certificate and ownership of assets attached to the land for the first time will not exceed 03 working days.

Thus, from August 1, 2024, the total time for completing the procedure for the first issuance of the Red Book will not exceed 23 working days. This regulation aims to enhance efficiency and reduce the waiting time for citizens and organizations.

Notably, in the case where real estate project investors need to submit multiple applications for Red Book issuance simultaneously, the provincial-level People's Committee will consider and decide on the administrative procedure processing time, ensuring that it does not exceed the processing time for each individual procedure as stipulated in this Decree.

2. Detailed Guidance on Determining Stable and Long-term Land Use in the Absence of Land Use Documents

Decree 101 clearly stipulates that stable land use will be determined based on the time and purpose of land use documented in one of the following:

1. Receipts for agricultural land use tax, house land tax;
2. Minutes or decisions on administrative violations in land use, or in constructing works attached to the land;
3. Effective decisions or judgments of the People's Court, enforcement decisions of enforcement agencies on assets attached to the land;
4. Payment receipts for electricity, water, and other contributions with the address corresponding to the land parcel to be identified;
5. Documents on land allocation without proper authority or documents on buying, liquidation, valuation, or distribution of houses or construction works attached to the land under Article 140 of the Land Law;
6. Documents on the sale of houses, other assets attached to the land, or land transfer documents with signatures from involved parties from October 15, 1993, onwards;
7. Maps, land investigation documents, land measurement records; land record books, and land registration books prepared from December 18, 1980, onwards;
8. Documents on land or house registration with the certification of the commune, district, or provincial People's Committee at the time of registration from October 15, 1993, onwards;
9. Documents on permanent or temporary residence registration at a house attached to the land issued by competent authorities;
10. Minutes recording the results of the Land Registration Council in the absence of the above information or documents, or if the information or document does not clearly state the date of establishment, the date of information, or the purpose of land use.

These bases ensure legal transparency in land management and usage while protecting the rights of land users according to the law.

3. Online Registration for Land Use Changes and Red Book Issuance

One of the notable provisions of Decree 101/2024/ND-CP is the allowance for online registration of land use changes and the issuance of Red Books through the online system.

Simultaneously, Decree 101 acknowledges the electronic form of the Red Book. Specifically, the electronic Certificate of land use rights, ownership of assets attached to the land is an electronic document authenticated in the national land information system and holds the same legal value as the paper form of the land use rights certificate, ownership of assets attached to the land.

These regulations create a mechanism to improve the efficiency of land management while facilitating land users in performing related transactions.

Decree 101/2024/ND-CP takes effect from August 1, 2024, and replaces related decrees: Decree 43/2014/ND-CP dated May 15, 2014; Decree 01/2017/ND-CP dated January 6, 2017; Decree 148/2020/ND-CP dated December 18, 2020; and Decree 10/2023/ND-CP dated April 3, 2023.