Mẫu đơn xin tự nguyện trả lại đất cho Nhà nước mới nhất 2023

In land relations, the 2013 Land Law was promulgated, providing for land use rights, rights and obligations of land management agencies. Accordingly, the Law contains provisions on voluntary return of land.

first. What is an application form to voluntarily return land to the State?

As we all know, the current 2013 Land Law has very clear regulations on land use rights and a number of other land-related rights for those who have land use rights certified by the State. people who are leased land, are allocated land by the State for the purpose of using it for payment, etc. However, for leased land, land allocated for a period of time must be paid or unpaid If the land use levy comes from the state budget, which is dissolved, bankrupt or no longer needs to use land, etc. In case of voluntary return of land to the State, it will be recovered. Accordingly, the person who voluntarily returns the land will compile an application to voluntarily return the land to the State, this is the form used in case there is a reason to voluntarily return the land to the State.

The purpose of the application form to voluntarily return land to the State is the person who is allocated land for use in case the land use levy collected from the state budget is dissolved, bankrupt or the person paying the use levy If the land is dissolved, there is no or less demand, then make this application to submit to the competent management agency for the voluntary return of their land.

2. Application form to voluntarily return land to the State:

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

———–oOo————

………….day month year

APPLICATION FOR RETURN OF THE STATE LEASE LAND

Pursuant to the 2013 Land Law

Dear: – People’s Committee of district/district…

I am : … Date of birth: …./…./…

Identity card number: …. Date Range: …. Issued by: ……

Permanent residence: ……

Current residence:…

Phone number: …… Email: ……

According to Decision No.…………/QD-UBND dated …. month …. year …… decided to lease land ….., I am using the leased land area as follows:

Location of land leased by the state: ……

Area: ….. m2.

Including …….m2 is the land ….. and …m2 is the land….

Uses: ……

Expiry date: From date … month … year … to date … month … …

Land rental amount: …

Form of land rental payment: …

Now, due to ….. I have no need to continue using the land for a period of time…. before the lease term expires. Therefore, I make this application to voluntarily return the land to the State to have a reasonable land use plan.

Base Article 65 Land Law year two thousand and thirteen stipulates:

“Article 65. Land recovery due to termination of land use according to law, voluntary return of land, risk of endangering human life

1. Cases of land recovery due to termination of land use according to law, voluntary return of land, and risk of endangering human life include:

c) The land user voluntarily returns the land;

…”

Therefore, I respectfully request your agency to consider recovering the leased land and pay back the unused land rental amount that I have paid.

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We hope you will consider it and resolve it quickly. I sincerely thank!

Applicant

(Sign and write full name)

3. Instructions for making an application form to voluntarily return land to the State:

For the application form submitted to the competent authority, the drafter must pay attention to the form and content of the application:

– Regarding the application form:

+ In the middle of the text showing the national emblem ” SOCIALIST REPUBLIC OF VIETNAM” and the motto “Independence – Freedom – Happiness “

+ The date of preparation of the application is shown on the right side of the document

+ The center of the text below the date and year is the name of the application form: APPLICATION FOR RETURN OF THE STATE LEASE LAND

– Regarding the content of the application:

+ Accurately write the receiving agency and competent to handle to avoid the case of application being returned due to improper competence

+ Presenting personal information, information about the land plot in use

+ Bases for requesting the considering agency to recover the leased land and pay back the land rental amount during the unused period.

+ Sign the application form

4. Some relevant regulations on returning land to the State:

Procedures for land recovery due to termination of land use according to law, voluntary return of land to the State

Legal grounds:

– Law on Land No. 45/2013/QH13 dated November 29, 2013;

– Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing a number of articles of the Land Law;

– Circular No. 30/2014/TT-BTNMT dated June 2, 2014 of the Ministry of Natural Resources and Environment providing for documents on land allocation, land lease, change of land use purpose, and land recovery.

According to the provisions of Point a, Clause 1, Article 65 of the 2013 Land Law, if the land user voluntarily returns the land, he/she shall send a notice or send a document on land return and the certificate of land use right and house ownership. and other property attached to the land to the natural resources and environment agency.

About the order of execution:

The agency that determines the grounds for land recovery on a case-by-case basis and voluntarily returns the land to the State is the land user’s land return document sent to the Department of Natural Resources and Environment in case the land user is returned to the State. The land is voluntarily returned to the land, then the Department of Natural Resources and Environment submits to the People’s Committee of the same level for decision on land recovery, organizes land recovery in the field and hands it over to the Land Fund Development Organization or the Commune People’s Committee for management.

The Division of Natural Resources and Environment requests to direct the update and correction of the land database, cadastral records, and the revocation of the certificate of house ownership and residential land use right or the certificate of land use right. land, ownership of houses and other land-attached assets or notice of Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses and other properties attached to land is no longer legally valid in case the land user fails to comply with the return of the certificate of house ownership and residential land use right or the certificate of land use right and ownership. houses and other assets attached to land.

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About the venue: at the People’s Committee of the district or city where the land is located during the implementation period during office hours from Monday to Friday every week.

About how to do it: Department of Natural Resources and Environment prepares land recovery documents on the basis of land recovery for each case of land recovery.

About composition, number of records:

The composition of the application file for land recovery due to voluntary return of land is specified in Clause 3, Article 13 of Circular 30/2014/TT-BTNMT as follows:

For the application file for issuance of a decision on land recovery because the land user voluntarily returns the land:

– The document on land return of the land user or the document of the commune-level People’s Committee of the locality where the land is located, certifying the return of the land by the land user;

– Certificate of land use right or Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses and other land-attached assets or papers on rights land use (if any) including:

+ 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 State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of Vietnam. South Vietnam and the State of the Socialist Republic of Vietnam;

+ A temporary land use right certificate issued by a competent state agency or named in the land register or cadastral book before October 15, 1993;

+ Legal 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;

+ 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; documents for purchase of state-owned houses as prescribed by law;

+ Papers on land use rights granted to land users by competent agencies under the old regime;

+ One of the papers made before October 15, 1993 with the name of the land user, including:

– Land inventory book, ant fill book made before December 18, 1980.

– One of the documents prepared in the process of land registration according to Directive No. 299-TTg dated November 10, 1980 of the Prime Minister on the work of land measurement, classification and registration of land statistics. in the whole country under the management of state agencies, whose names of land users include:

+ Minutes of approval of the commune-level land registration council to determine that the person currently using the land is lawful;

+ A summary of legal land use cases made by the commune-level People’s Committee or the commune-level Land Registration Council or the district- or provincial-level land management agency;

+ An application for registration of land use rights in case there is no record of approval and a summary of lawful land use cases.

– Project or list or document on migration to build new economic zones, migration and resettlement approved by district-level People’s Committees, provincial-level People’s Committees or competent state agencies.

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– Papers of the state-owned farm or forestry enterprise on the allocation of land to workers in the farm or forestry farm for housing (if any).

Papers with contents about ownership of houses and works; on the construction and repair of houses and works certified or permitted by the People’s Committees of districts, provinces or state management agencies in charge of housing and construction.

– Papers of temporary land allocation of the People’s Committees of districts and provinces; An application for land use must be approved and approved by the People’s Committee of the commune or agricultural cooperative before July 1, 1980, or approved and accepted by the People’s Committee of the district or province.

– Papers of competent state agencies on the allocation of land to agencies or organizations to arrange land for officials and employees to build houses for themselves or to build houses to allocate (grant) to officials; employees with capital that is not part of the state budget or built by cadres and employees themselves. In case of construction of houses with state budget capital, such housing funds must be handed over to local housing management agencies for management and business in accordance with law.

– Copies of papers made before October 15, 1993 with the name of the land user mentioned at point g, certified by the People’s Committee of the district or province or the specialized management agency of the district or province in the case of the original of this document has been lost and the state agency no longer keeps a record of managing the issuance of such document.

Households and individuals may use land according to judgments or decisions of the People’s Courts, judgment enforcement decisions of judgment enforcement agencies, written recognition of successful conciliation results, and decisions on dispute settlement. Disputes, complaints and denunciations about land by competent state agencies have been executed.

– Households and individuals currently using land have a decision on land allocation or land lease issued by a competent state agency from October 15, 1993 to July 1, 2014.

– Certificate of land for common use by the community in case the residential community is using the land.

– Minutes of field verification made by the natural resources and environment agency (if any);

– Extract the cadastral map of the land plot or extract the cadastral measurement of the land plot;

– The report enclosed with the draft decision on land recovery.

Regarding the processing time: No specified.

About the implementation object: Households, individuals, residential communities and overseas Vietnamese may own houses in Vietnam.

Regarding implementing agencies: are agencies and departments in the field such as:Agencies competent to decide: Provincial People’s Committees; Agency implementing procedures: Department of Natural Resources and Environment; Coordinating agency: The agency that issues the decision on dissolution or bankruptcy; Land fund development organizations, commune-level People’s Committees, commune-level Vietnam Fatherland Front Committees, forces to enforce enforcement decisions.

Chuyên mục: Biễu mẫu

Nhớ để nguồn bài viết: Mẫu đơn xin tự nguyện trả lại đất cho Nhà nước mới nhất 2023 của website thcstienhoa.edu.vn

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