The online land administration procedures have been specified in Clause 1 Article 7 of the Government's Decree 10/2023/ND-CP (ATA Legal Services has updated the important contents of Decree 10/2023/ND-CP here). On that basis, on April 28, 2023, the Ministry of Natural Resources and Environment promulgates Decision 1085/QD-BTNMT ("Decision 1085") announcing administrative procedures to be amended, supplemented, and abolished in the field of state management of land, replacing the corresponding administrative procedures announced in Decision No. 634/QD-BTNMT dated March 26, 2014; Decision No. 1839/QD-BTNMT dated August 27, 2014; Decision No. 2555/QD-BTNMT dated October 20, 2017; Decision No. 3086/QD-BTNMT dated October 10, 2018; Decision No. 1686/QD-BTNMT dated August 30, 2021, of the Minister of Natural Resources and Environment.
The fundamental issue that Decision 1085 aims at is the official regulation and guidance of the implementation of online land administration.
As a general rule, Decision 1085 requires the authorities to receive and process the application (Office/branch of the Land Registration Office, District People's Committee...) and take responsibility for carrying out the order and administrative procedures on land in accordance with the law on land in the electronic environment similar to when receiving directly.
The process and procedures for submitting and settling dossiers in the online form are as follows:
- The submission of applications is done through the Public Service Portal;
- Land users can make payment of fees and charges through the Public Service Portal;
- Dossier-receiving authorities shall check, verify and clarify dossiers via SMS or notification via the Public Service Portal.
- The applicant can receive the result via postal service upon request.
In addition, Decision 1085 annuls procedures for appraisal and assessment of conditions and capacity of organizations building land databases; this abolition shall be carried out on the basis of Point a, Clause 5, Article 5 of Decree 10/2023/ND-CP.
Decision 1085 is effective as of May 20, 2023.
Comment: