How to legalize real estate? The following article DHP LAW will answer your questions:
What is real estate legalization?
Making a dossier for legalization of real estate means the application for a certificate of land use rights and ownership of houses and other land-attached assets for the first time for current land users and house owners. and other land-attached assets that are eligible to be granted certificates of land use rights, ownership of houses and other land-attached assets. Includes cases:
Households and individuals that are using land stably and have papers proving the lawful establishment:
- a) Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam, the Provisional Revolutionary Government. The Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
- b) A temporary certificate of land use right ( House and land legalization dossier) granted by a competent state agency or named in the land register or cadastral book before October 15, 1993;
- c) Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;
- d) Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People’s Committee as being used before October 15, 1993;
Papers on liquidation and valuation of houses attached to residential land, papers on purchase of state-owned houses in accordance with law
- a) Papers on land use rights granted to land users by a competent agency under the old regime;
- b) Other papers established before October 15, 1993 according to the Government’s regulations.
Households and individuals that are using land before the effective date of the 2013 Land Law without having the prescribed documents (House and land legalization dossier) above but have:
- a) Permanent household registration in the locality and directly engaged in agricultural, forestry, aquaculture, and salt production in areas with difficult socio-economic conditions, areas with special socio-economic conditions; especially difficult, is now certified by the People’s Committee of the commune where the land is located as a stable and undisputed land user.
- b) Using land stably since before July 1, 2004 and without violating the land law, now certified by the commune-level People’s Committee as undisputed land, in accordance with the land use planning , detailed urban construction planning, rural residential area construction planning already approved by competent state agencies, for the areas where the planning is available.
Guide to legalizing real estate
Implementation process
Step 1 . Households and individuals submit documents for legalization of real estate at the Land Use Right Registration Office/District People’s Committee.
Step 2 . Land use right registration office/District People’s Committee issues appointment slips and processes documents
Step 3 . The Land Use Right Registration Office shall verify the documents and verify the field when necessary; collect opinions from the People’s Committees of communes and townships on the status of land use, ownership of houses and assets on land, and the status of land disputes; In case the current land user does not have a land use right document as prescribed in Article 100 of the Land Law and Article 18 of Decree No. 43/2014/ND-CP, he/she shall coordinate with the township People’s Committee to obtain opinions from the People’s Committee of the town. residential areas about the origin and time of land use, ownership of houses and assets attached to land, considering the status of land disputes, and conformity with the approved detailed construction planning; publicize the list of eligible and ineligible cases for certification within 15 days; When eligible, write a Certificate and send it to the Department of Natural Resources and Environment for appraisal and submit it to the Chairman of the District People’s Committee to sign the certificate.
Step 4. The land use right registration office/district People’s Committee returns the settlement result to the land user.
- Composition, number of records:
- An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/DK;
- One of the papers specified in Article 100 of the Land Law 2013:
- One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land.
In case of registration of ownership of houses ( documents for legalization of houses and land ) of residential houses or construction works, a diagram of houses and construction works (except in the case of documents on house ownership, is required). construction works have diagrams suitable to the current status of houses and construction works).
Copies of documents ( real estate legalization records) related to the fulfillment of financial obligations as prescribed by law (if any).
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