Check whether the land is in dispute or mortgaged or not: What to do?

The check whether the land is in dispute or mortgaged or not helps ensure legal land use rights, avoid legal risks and financial losses during the investment and transaction process. Verifying the legal status of land before signing a contract is an important step to ensure transparency, safety, and validity while protecting the rights of individuals and organizations using or owning land.

How is land information and data published?

Land data is publicly announced on official electronic platforms. The national land information system plays a fundamental role in helping individuals and organizations access land information. Article 58 of Decree 101/2024/ND-CP provides detailed regulations on the publication of land information and data nationwide.

The National Land Information Portal is a part of the National Land Information System, managed and operated by the Department of Land Information Data and Registration (Ministry of Natural Resources and Environment). This portal publishes the following data:

• List of information and data in the national land database;
• Information on approved planning and land use plans;
• The land price list has been announced by the competent authority;
• Information about administrative procedures in the field of land;
• Legal documents on land;
• Open data of the national land database.

At the local level, the Provincial People’s Committee is responsible for publishing on the website of the unit or the Department of Natural Resources and Environment similar information but limited to the local scope. The content includes a list of data information within the scope of the land database of provinces and centrally run cities; planning information, land use plans; land price list; information on administrative procedures and legal documents on land.

The publication of the list of land information and data must comply with regulations on protecting state secrets in the field of land and other relevant legal regulations. This is an important legal limit to protect national security, social order and legal rights of individuals and organizations.

How to check whether the land is in dispute or mortgaged or not?

Checking the legal status of the land plot is an indispensable step before making a real estate transaction. Article 59 of Decree 101/2024/ND-CP stipulates in detail the forms of exploitation and use of land information and data that customers can apply to check whether land is in dispute or mortgaged or not.

Customers can use the following three forms of land information exploitation:

1. Online mining through official information portals:

• National land information portal.
• National public service portal.
• Public service portal of the Ministry of Natural Resources and Environment.
• Provincial public service portal.
• SMS message service.
• Web services and APIs.
• Utilities and applications created from the national land database.

2. Direct exploitation at state agencies:

• The agency’s headquarters provides land data.
• The Receiving and Returning Results Department handles administrative procedures.

3. Exploitation through other forms according to legal regulations.

The most accurate and reliable method to check the legal status of a land plot is through an information request form. Customers need to make a request according to Form No. 13/DK issued with Decree 101/2024/ND-CP, which clearly indicates the information needed according to actual needs.

Specifically, on the request form, customers need to check the box with the information they want to learn. If you need complete information about the land plot, you can check the “all above information” box. After completing the request form, customers submit it to the land information agency for processing according to regulations.

In addition to the above official method, customers can perform a preliminary check by:

• Check directly at the headquarters of the People’s Committee at the competent level.
• Look up information on the electronic information portal of the district People’s Committee.
• Refer to information from local cadastral records.

To most accurately check the legal status of the land plot, customers should exploit information through request forms according to regulations.

Order and procedures for providing land information and data

Article 60 of Decree 101/2024/ND-CP regulates in detail the order and procedures for providing land information and data. This process includes four main steps that customers need to take to access information about the legal status of the land plot. Mastering this process helps customers save time and costs when performing procedures.

Step 1: Create a request form

Customers download and fill out the request form according to Form No. 13/DK issued with Decree 101/2024/ND-CP. The request form needs to meet the following requirements:

• The content of the request is clear and specific;
• There is the signature, name and specific address of the requesting individual;
• The purpose of using data is in accordance with the law.

Step 2: Submit request form

Customers can submit a request by one of the following methods:

• Submit online via National Land Information Portal, National Public Service Portal, Public Service Portal of the Ministry of Natural Resources and Environment, Provincial Public Service Portal;
• Submit directly to the land information agency;
• Send via dispatch, telegram, postal service;
• Submit via other electronic means as prescribed.

Step 3: Process the request

Agencies providing land information and data will:

• Receive and process requests;
• Notify fees, prices of products and services to provide information to customers;
• In case of refusal to provide land information, the agency must respond in writing and clearly state the reason within 02 working days from the date of receipt of the request.

Step 4: Get results

After customers pay the prescribed fee, the information provider will provide land data according to the deadline:

• For information available in the database: On the same working day (if the request is received after 15:00, it will be provided the next working day);
• For unavailable information: No later than 03 working days from receipt of a valid request;
• In case it is necessary to extend the processing time: Maximum no more than 15 working days.

Agencies competent to provide land information and data include:

• At the central level: Land Information and Data Center under the Department of Land Registration and Information Data, Ministry of Natural Resources and Environment;
• At the local level: Land registration office (for localities that have not yet built a land database, the land registration office and commune-level People’s Committee are responsible for providing information from cadastral records).

In addition, Articles 62 and 63 of Decree 101/2024/ND-CP clearly stipulate fees and responsibilities of state agencies, people and businesses in the process of providing and using land information.

Cases where information is not provided

Not all land information and data are provided upon request. Article 61 of Decree 101/2024/ND-CP stipulates five cases in which land information and data are not provided. Customers need to clearly understand these limits to avoid wasting time requesting information that is not allowed to be accessed.

1. Information belonging to state secrets:

Land information and data that are state secrets according to the law will not be provided. Only when the information is declassified can citizens access it according to legal regulations on access to information.

2. Information affecting national interests:

Information and data that endangers the interests of the State, adversely affects national defense, national security, international relations, social order and safety according to the law will not be provided.

3. Personal information that has not been disclosed with consent:

Information about land users and owners of assets attached to land without their consent will not be provided, except to serve investigation activities, enforce civil judgments, verify and handle violations of law and serve the state management of competent agencies.

4. Invalid request:

Documents, forms requesting information and data that do not meet the prescribed requirements (missing information, missing signature, inappropriate use purpose) will be rejected.

5. Failure to fulfill financial obligations:

Organizations and individuals who request to provide information but do not pay fees for exploitation and use of land documents or prices of products and added services using information from the database or National Land Information System according to regulations will not be provided with information.

In addition, Article 62 of Decree 101/2024/ND-CP also regulates fees for exploiting and using land documents, including some cases where fees are exempted or reduced:

• Serves national defense, security, and natural disaster prevention purposes;
• Ministries, branches and localities when connecting and sharing the national land database with other databases;
• Information is published according to regulations (no fee required).

Consulting on checking whether land is in dispute or mortgage at Long Phan Consulting Company

Checking the legal status of a plot of land requires professional knowledge and practical experience. Long Phan Consulting Company provides services to support customers in the process of checking whether land is in dispute or mortgaged with a team of experienced experts. We are committed to providing comprehensive, accurate solutions in this field.

Long Phan Consulting Company provides the following professional services:

• Consulting on the order and procedures for checking the legal status of land plots;
• Support in preparing and submitting land information requests;
• Representing customers to carry out procedures at state agencies;
• Analyze and evaluate the legal status of the land plot;
• Consulting on solutions when discovering disputes or mortgages.

Before carrying out a real estate transaction, checking the legal status of the land plot is an indispensable step to ensure legal safety. Long Phan Consulting Company commits to accompanying customers throughout the inspection process, ensuring that customers’ legal rights are maximally protected.

Related questions

Here are some questions related to the article content:

What documents need to be prepared when requesting to check land information?

Customers need to prepare a request form according to Form No. 13/DK and personal documents.

What is the maximum time to receive test results?

Maximum 15 working days if extension is needed.

How is the fee for checking land information regulated?

Fees are regulated according to Article 62 of Decree 101/2024/ND-CP and specifically notified when customers submit the application.

Where can I check land information online?

Check online at the National Land Information Portal, National Public Service Portal, Public Service Portal of the Ministry of Natural Resources and Environment or Provincial Public Service Portal.

What cases are free to check land information?

Serving the purposes of national defense, security, natural disaster prevention and cases specified in Article 62 of Decree 101/2024/ND-CP.

What information can I check about land?

Customers can check planning information, disputes, mortgages, and other related data.

Where can I check if land is under planning?

Land planning information is published on the electronic portal of the Provincial People’s Committee or the Department of Natural Resources and Environment.

What happens if land information is incorrect?

Customers promptly notify the land data provider of information errors for correction and update.

What should I do if I discover land in dispute?

Contact legal experts or authorities for advice and support in resolving disputes.

Conclude

The check whether the land is in dispute or mortgaged or not is an important step in real estate transactions, helping customers avoid legal risks. Long Phan Consulting Company is ready to assist customers in carrying out this procedure with professional, fast and accurate service. Please contact us immediately via the hotline 0906735386 for detailed advice and timely support on land legal issues.