The Land Use Rights Certificate is an extremely important asset. It not only recognizes the land ownership and usage rights of individuals and households but also serves as a tool for certain transactions. To obtain this certificate as soon as possible and in accordance with legal regulations, follow the procedure outlined below.
1. Procedure and Requirements for Obtaining the Land Use Rights Certificate
Prior to submitting your application for the Land Use Rights Certificate, ensure you comply with the provisions of Clause 1, Article 8 of Circular No. 24/2014/TT-BTNMT, which stipulates the requirements for the dossier. The dossier for the initial grant of the Land Use Rights Certificate includes the following documents:
- Application Form for Registration and Grant of Land Use Rights Certificate, ownership of houses and other assets attached to the land (Form No. 04/ĐK);
- Proof of financial obligations fulfillment; documents related to exemption or reduction of land-related financial obligations, if any;
- Additionally, according to Circular No. 24/2014/TT-BTNMT, some specific cases require additional supporting documents, such as:
– For registration of ownership of houses or construction works, you must provide a diagram of the house or construction work (unless the ownership documents already include a diagram that matches the actual condition of the house or construction);
– For armed forces units using land for defense and security purposes, in addition to the documents specified in Points a, b, and d, you must also submit a decision by the Minister of Defense or the Minister of Public Security on the garrison location or site of the construction work, along with a copy of the decision by the Prime Minister approving the land use plan for defense and security purposes, which includes the name of the unit applying for the Land Use Rights Certificate;
– In cases of registering restricted usage rights for adjacent land, you must provide a contract or agreement, or a decision by the People’s Court, along with a diagram indicating the position and size of the land area.
When submitting these documents, ensure that you provide notarized or certified copies as per legal requirements. Don’t forget to bring the originals for verification by the receiving officer.
2. Steps to Obtain the Land Use Rights Certificate
Once you have prepared the complete dossier for the Land Use Rights Certificate application, follow these steps:
Step 1: Submit the Dossier
According to Article 60 of Decree No. 43/2014/ND-CP, you can submit your dossier at one of the following two places:
- People’s Committee of the commune (ward or town) where the land is located
- Branch of the District-level Land Registration Office or the agency designated by the Provincial People’s Committee to receive the dossier (one-door division). If the locality does not have a Land Registration Office, submit the dossier at the District-level Land Use Rights Office.
Step 2: Receive the Dossier
The officer in charge of receiving the dossier will record the details in the Dossier Receipt and Result Return Register and provide you with a dossier receipt.
If your dossier is incomplete or invalid, the receiving agency or unit must notify you within 3 days and guide you on how to complete the dossier as per legal regulations.
Step 3: Process the Dossier
The competent state agencies will process your dossier and carry out the tasks of registration and granting the Land Use Rights Certificate to the land user, whether an individual or a household.
At this stage, the individual or household applying for the Land Use Rights Certificate must also fulfill their financial obligations, such as paying the full amount of money as notified, including land use fees, registration fees, and other related fees.
Step 4: Receive the Result
Once the certificate has been issued, go to the place where you submitted the dossier on the appointed date and present your appointment slip to receive the original certificate and other confirmed documents.
Note that the deadline for handling the dossier is specified in Clause 40, Article 2 of Decree No. 01/2017/ND-CP, and the deadline for implementation is determined by the Provincial People’s Committee. However, it should not exceed 30 days from the date of receiving a valid dossier and 40 days for mountainous, island, remote, or difficult socio-economic conditions.
The processing time does not include holidays or weekends as stipulated by law, the time for the land user to fulfill financial obligations, the time for receiving the dossier at the commune level, or cases where the land use violates the law.
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