Authority to register land changes according to 2-level government

Thu, 30 Oct 2025 14:10:00  |  Print  |  Email   Share:

According to the reflection of Mr. Nguyen Thu Khanh (Dak Lak), currently, public administrative procedures in the commune area are mainly land, in which the procedure for registering changes of households and individuals accounts for more than 70%; the assignment of authority to register changes in land use rights is mostly to the Branch of the land registration organization, which is very inappropriate.

Previously, the whole district had only one land registration branch. Now, after receiving the land, it has to be transferred back and forth between the commune and the branch, which takes a lot of time, request documents, copies of documents...; when the progress is slow, people put pressure on the commune government, but the commune does not have the authority to carry out administrative procedures for registering changes for the people.

Therefore, Mr. Khanh proposed to amend and supplement Clause 1 and the name of Clause 2, Article 136 of the Land Law in the direction that the agency that issues the Certificate will carry out the content of the change adjustment, avoiding the case of shifting responsibility between agencies, while reducing the pressure of administrative procedures and workload for the Land Registration Organization.

The Ministry of Agriculture and Environment responds to this issue as follows:

To ensure consistency and conformity between the provisions of the law issued for the 2-level local government model that has come into operation, the Ministry would like to not accept your comments. The Ministry has studied, compiled and revised the content of Clause 1, Article 136 as follows:

"1. The authority to grant Certificates of land use rights and ownership of assets attached to land in cases of first registration where there is a need to grant Certificates of land use rights and ownership of assets attached to land or to register changes in Clause 1, Article 121, Points g and h, Clause 1, Article 133 of this Law but not in the case of continued land use prescribed in Point a, Clause 1, Article 172, Clause 1, Article 174 of this Law or in the case prescribed in Point b, Clause 7, Article 219 of this Law is prescribed as follows:

a) The competent authority for land management at the provincial level shall grant Certificates of land use rights and ownership of assets attached to land to land users and owners of assets attached to land prescribed in Clauses 1, 5 and 7, Article 4 of this Law but not in Point b, Clause 1, Article 172, Clause 1, Article 174 of this Law this;

b) The Chairman of the People's Committee at the commune level shall issue the Certificate of land use rights and ownership of assets attached to land to land users and owners of assets attached to land specified in Clauses 2, 3, 4 and 6, Article 4 of this Law and the cases specified in Clauses 1, 5 and 7, Article 4 of this Law who are allocated land, leased land or recognized land use rights by the State in the form specified in Article 118 or Article 119 and are exempted from all land use fees or Article 120 and are subject to annual land lease or one-time land lease with exemption from all land rent for the entire lease term;

c) The cases of registration of changes specified in this Clause shall be confirmed by the competent authority or person specified in Point a and Point b of this Clause on the Certificate of land use rights and ownership of assets attached to land that has been granted or newly granted the Certificate of land use rights and ownership of assets attached to land in accordance with the Government's regulations".

The Ministry of Agriculture and Environment would like to thank you and look forward to continuing to receive your attention.

 

By: Chinhphu.vn /Translator: Bizic

---------------------------------------------

Back    Up to top   

Same category News :

Other news :

Copyright © 2016 by the Chamber of Commerce and Industry of Vietnam - VCCI
Write "Chamber of Commerce and Industry of Vietnam"
or www.vcci.org.vn; www.vcci.com.vn; www.vcci.net.vn the release of information from this Website.
Designed and developed by Vietkent