According to Clause 7, Article 1 of Decree 10/2023/ND-CP amending Clause 6, Article 60 of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP), performing administrative procedures (TTHC) on land in the electronic environment is specifically prescribed as follows:
Based on specific conditions on land information technology infrastructure and land database under management, the agency receiving dossiers and returning results of handling land-related administrative procedures is responsible for organizing the receiving of dossiers and returning results of handling administrative procedures in the electronic environment according to Government regulations.
In case of performing administrative procedures on registration and issuance of Certificates in the electronic environment, the agency receiving and processing the dossiers is responsible for performing the procedures and administrative procedures on land according to the provisions of the law on land.
In case of having to check, verify and clarify or due to other reasons, the result of handling the application cannot be returned in accordance with the regulations on the time for handling administrative procedures, the agency receiving the application and handling the procedure shall send a written notice or via the Public Service Portal or via SMS to the requester.
Land users and owners of assets attached to land are responsible for fulfilling financial obligations as prescribed by law directly or online through the payment function of the Public Service Portal.
Land users and owners of assets attached to land who request online issuance of certificates shall be legally responsible for the accuracy and truthfulness of the declared contents and documents in the submitted dossier. The receiving agency or the dossier processing agency shall notify the applicant to submit the original issued Certificate and the required documents after the land user has fulfilled his/her financial obligations. The return of results shall be made at the dossier receiving agency or via public postal service or at the requested location.
The agency handling administrative procedures on land is responsible for implementing the correct authority and time as prescribed by law, and is not responsible for the contents of documents and papers in the file that have been previously approved, appraised, ratified or resolved by other competent agencies or individuals.
Notably, Decree 10/2023/ND-CP also amended the authority to issue red books and confirm changes to the Certificate in a way that facilitates people in carrying out these administrative procedures. This procedure will be carried out at the Land Registration Office without having to go to the Department of Natural Resources and Environment.
Specifically, the Land Registration Office issues red books to organizations, religious establishments, overseas Vietnamese implementing investment projects, foreign organizations and individuals; and foreign-invested enterprises.
Branches of the Land Registration Office or Land Registration Office issue land use certificates to households, individuals, residential communities, and overseas Vietnamese who own houses associated with land use rights in Vietnam.
Both of these agencies use their seals to issue Certificates and confirm changes to the issued Certificates.
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