Rectify the inspection of real estate status before resolving registration changes

The verification of the current status of houses and construction works that are illegally constructed or unlicensed is not specified in the procedures for registration of changes and is not within the functions and duties of the Land Registration Office.

Ho Chi Minh City: Rectify the inspection of real estate status before resolving registration changes

The verification of the current status of houses and construction works that are illegally constructed or unlicensed is not specified in the procedures for registration of changes and is not within the functions and duties of the Land Registration Office.

Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment of Ho Chi Minh City has just signed an official dispatch to the City Land Registration Office and branches of the Land Registration Office of districts, towns, and Thu Duc City regarding the rectification of the inspection of the current status of houses and construction works when handling procedures for registering changes in land.

Currently, the Department of Natural Resources and Environment has received a lot of information reflecting that some branches of land registration offices check the current status when handling procedures for registration of changes to houses and construction works attached to land that have been certified for ownership. This is an additional procedure, not in accordance with the administrative reform policy and not in accordance with regulations, causing inconvenience to organizations and individuals.

Decree No. 101/2024 does not stipulate that the land registration office branch conducts status checks when handling change registration procedures. Photo: Le Toan.

According to the Department of Natural Resources and Environment, the current Land Law stipulates that the agency handling administrative procedures on land is responsible for implementing the correct authority and time as prescribed by law. It is not responsible for the contents of documents and papers in the file that have been previously approved, assessed, ratified or resolved by other competent authorities.

Decree No. 101/2024 also stipulates that for properties that are houses and construction works attached to land that have been certified for ownership on the issued certificate, when handling the procedure for registration of changes, the land registration office or branch of the land registration office shall carry out the registration based on information about the property on the issued red book, except in cases where people and businesses request to register changes to the property.

Decree No. 101/2024 also does not stipulate that the land registration office branch conducts status checks when handling change registration procedures.

In addition, according to Decision No. 17/2024 of the City People's Committee on the regulations for coordinating the management of construction order in the City, the responsibility for managing construction order is determined to be under the authority of the Department of Construction, the District People's Committee, and the Commune People's Committee. The responsibility for inspecting and detecting violations of construction order belongs to the officers, civil servants, and inspectors assigned to manage construction order.

Thus, according to the above regulations, for properties that are houses and construction works attached to land that have been certified for ownership on the issued red book, the Ho Chi Minh City Land Registration Office and its branches will handle registration change applications based on information about the property on the issued red book (except in cases where people request to register changes to the property).

The verification of the current status of houses and construction works that are illegally constructed or unlicensed is not specified in the procedures for registration of changes and is not part of the functions and duties of the land registration office.

In addition, not accepting applications or stopping the processing of land registration procedures, assets attached to land and returning applications to people if there are construction violations will be carried out when requested by competent authorities and must comply with the provisions of Decree 101/2024.

Source: https://baodautu.vn/batdongsan/tphcm-chan-chinh-viec-kiem-tra-hien-trang-nha-dat-truoc-khi-giai-quyet-dang-ky-bien-dong-d229411.html