On June 14, 2022, the Hanoi People’s Committee issued Decision No. 26/2022/QD-UBND (“Decision 26”) on the amendment and suplementation of a number of regulations in Decision No. 12/2017/QD-UBND (“Decision 12”) dated March 31, 2017 and the replacement of Decision No. 24/2018/QD-UBND dated October 15, 2018 of the Hanoi ‘eople's Committee. Decision 26 shall come into force as of June 25, 2022.
Decision 26 has introduced abundant notable new points in the procedures for granting land use right certificates to people, specifically:
1. Remove the content of granting certificates to recipients of land use rights transfer, purchase of houses and construction works in housing development projects in parallel with the inspection and handling of liabilities towards investors. there is a violation
Article 10.2 of Decision 12 stipulates that:
"2. The consideration and issuance of certificates, to buyers of houses and constructions who have fulfilled their financial obligations to the investor but the investor has violated the law on land, investment, construction and planning , finance and real estate business, shall be carried out in accordance with the law, the direction of the Prime Minister, the guidance of the Ministries and central branches and the direction of the City People’s Committee, on the principle that:
- The issuance of Certificates to buyers of houses and constructions that have fulfilled their financial obligations to the investor shall be carried out in parallel with the inspection and settlement of liability of the investor;
- The issuance of Certificates to buyers of houses and constructions who have fulfilled their financial obligations to the investor does not change the settlement of liability of investors who violate the law”.
However, Decision 26 has completely abandoned this content.
2. Change in decentralization in the organization and implementation of registration of land and land-attached assets
Under Decision 26, the Branch of the Hanoi Land Registration Office will be the unit directly organizing the registration of land and land-attached assets. Previously, this authority belonged to the district People's Committee. Currently, the district-level People’s Committee is still the authority to sign and approve the granting dossiers and land use right certificates, but the branch of the Hanoi Land Registration Office will be the unit in charge of matters related to procedures.
As a unit under the Department of Natural Resources and Environment with a professional function specializing in land registration, the implementation of the Hanoi Branch of the Land Registration Office will contribute to improve the dossier processing efficiency, to speed up the procedure settlement, to meet the needs of the public.
3. Supplement the unit that receives the application for registration for issuance of the Certificate for the first time
Accordingly, in addition to the commune-level People’s Committee where the land is located, households and individuals can apply at the branch of the Hanoi Land Registration Office.
4. Changes in the procedure for considering the application for registration of the Certificate
- The maximum marks of the application consideration duration are longer because the number of consideration days are clearly added to “working days” instead of “days” as before;
- Change in the process of determination and implementation of the financial obligations of the Certificate holder.
+ Previously, only after the District People’s Committee signed the Certificate, the new branch of the Land Registration Office sends a request to determine financial obligations and requires the obtainer fulfill their financial obligations. On the basis of the documents on the fulfillment of the financial obligations of the obtainer, the Branch of the Land Registration Office will issue the Certificate of Land Use Right.
+ However, Decision 26 changed the process towards: as soon as the application for the Certificate is approved by the District People’s Committee, the branch of the Land Registration Office will send a request to the tax authority to determine financial obligations. When the Certificate holder sufficiently submits dossiers on the fulfillment of the financial obligations (in case of having to pay financial obligations) or is debited for financial obligations (in case of being debited for financial obligations): Draw and print the Certificate; transfer the dossiers to the Department of Natural Resources and Environment to submit to the People’s Committee of the district for the Certificate signature.
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