Decentralization and authorization in granting Land Use Right Certificates

Circular No. 23/2025/TT-BNNMT dated June 20, 2025 regulating decentralization and division of state management authority in the land sector stipulates as follows:

"For Certificates issued by the Branch of the Land Registration Office, write as follows:

a) For the Land Registration Office Branch that does not perform the arrangement, write the letter "CN"; then write the serial number in the Certificate issuance book in consecutive order, followed by the number in the Certificate issuance book before the effective date of this Circular;

b) For the Branch of the Land Registration Office that performs the arrangement, write the letter "CN"; then write the serial number in the Certificate issuance book in consecutive order, starting from number 01 for the first issued Certificate according to the instructions in this Circular".

In case 2 provinces merge into 1 new province, the Land Registration Office merges into the Land Registration Office of 1 new province. However, the District Land Registration Office Branch becomes the Regional Land Registration Office Branch, only changing the name without merging.

Ms. Tuyen asked, so, is the Branch of the Land Registration Office in that area included in the list of Branches of the Land Registration Office that do not carry out the arrangement?

According to Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the decentralization of authority of two-level local authorities, decentralization and decentralization in the field of land, the authority of the People's Committee at the district level, the Chairman of the People's Committee at the district level transfers to the Chairman of the People's Committee at the commune level, including the issuance of Certificates of land use rights and ownership of assets attached to land as prescribed in Point b, Clause 1, Article 136 and Point d, Clause 2, Article 142 of the Land Law, thus the Chairman will sign the Certificate.

Ms. Tuyen asked, can the Chairman authorize the Vice Chairman to sign the Certificate as prescribed?

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

In case 2 provinces merge into 1 new province, 2 Land Registration Offices merge into 1 Land Registration Office of the new province, which has a District Land Registration Office Branch now rearranged or renamed into a Regional Land Registration Office Branch (only name change, no merger), the numbering in the Certificate issuance book when the Branch issues shall be implemented according to the provisions at Point a or Point b, Clause 4, Article 11 of Circular No. 23/2025/TT-BNNMT. It is necessary to base on the decision to rearrange the Land Registration Office (of the new province) of the Provincial People's Committee to decide on the rearrangement or renaming of branches; in which, if only the branch name is changed, the numbering in the Certificate issuance book when the Branch issues shall be implemented according to the provisions at Point a, Clause 4, Article 11 of Circular No. 23/2025/TT-BNNMT.

In case the Chairman of the People's Committee at the commune level authorizes the Vice Chairman to sign the Certificate, it shall be implemented in accordance with the provisions of the Law on Organization of Local Government (currently Article 14 of the Law on Organization of Local Government 2025).

The Ministry of Agriculture and Environment would like to inform you of the above regulations so that you can study and implement them in accordance with the law.

Chinhphu.vn

Source: https://baochinhphu.vn/phan-cap-uy-quyen-trong-cap-giay-chung-nhan-quyen-su-dung-dat-102250930155003487.htm