What are regulations on 06 cases of registration of land-related changes or changes to the property affixed to land that are required to issue a new land use right certificate in Vietnam from August 1, 2024?
What are regulations on 06 cases of registration of land-related changes or changes to the property affixed to land that are required to issue a new land use right certificate in Vietnam from August 1, 2024?
According to Article 23 Decree 101/2024/ND-CP, 06 cases of registration of land-related changes or changes to the property affixed to land that are required to issue a new land use right certificate in Vietnam include:
(1) Merge or split parcels.
(2) Lessees or sub-lessees of land use rights from investors who are allocated, leased land by the State for constructing and operating infrastructure businesses.
(3) Investment projects using land where the detailed construction plan of the project is adjusted according to construction law, or cases where the investor has been issued a Certificate for the entire project area and requires a land use rights Certificate, ownership rights for property attached to the land for each parcel according to the approved detailed construction plan.
(4) Certification of ownership rights for property attached to the land on the parcel that has been issued a Certificate.
(5) Changes in all parcel information due to cadastral survey mapping; changes in homestead land area determined again according to provisions in Clause 6, Article 141 of the Land Law 2024.
(6) Cases of registration changes in land use rights, ownership rights of property attached to the land where the issued Certificate no longer has blank lines for recording changes, or cases where land users, property owners require a new Certificate for land use rights, ownership rights of property attached to the land.
What are regulations on 06 cases of registration of land-related changes or changes to the property affixed to land that are required to issue a new land use right certificate in Vietnam from August 1, 2024? (Image from Internet)
What is the time limit for for registration of land-related changes or changes to the property affixed to land and issuance of land use right certificate in Vietnam?
Based on Clause 2, Article 22 of Decree 101/2024/ND-CP, the time limit for for registration of land-related changes or changes to the property affixed to land and issuance of land use right certificate in Vietnam is as follows:
(1) For agricultural land use right conversions without land consolidation or rearrangement, or for transferring, inheriting, gifting land use rights, property ownership rights, capital contribution by land use rights, or property ownership rights: no more than 10 working days;
(2) For selling or contributing capital by property attached to land leased by the State with annual land rent: no more than 10 working days, excluding time for land price determination and land lease contract signing;
(3) For leasing or sub-leasing land use rights in infrastructure construction business projects: no more than 05 working days;
(4) For deregistering leases or sub-leases of land use rights in infrastructure construction business projects: no more than 03 working days;
(5) For changing names or information regarding land users, property owners: no more than 05 working days; for reducing parcel areas due to natural erosion: no more than 10 working days;
(6) For changes in restrictions on land use rights, property ownership rights, or changes in rights for adjacent parcels: no more than 07 working days;
(7) For families or individuals establishing private enterprises and using land for business activities: no more than 10 working days, excluding time for land price determination and land lease contract signing;
(8) For registering property ownership rights attached to already Certified parcels: no more than 10 working days; for changing assets already Certified: no more than 07 working days;
(9) For changes in land use rights, property ownership rights due to division, consolidation, merger, conversion of organization models, or family agreements: no more than 08 working days;
(10) For acquiring land use rights, property ownership rights through mediation in land disputes, or land-related complaints and accusations: no more than 08 working days;
(11) For acquiring land use rights, property ownership rights due to handling of mortgaged assets: no more than 08 working days;
(12) For changes in land use rights for constructing above-ground works serving underground work operation and exploitation, or underground work ownership rights: no more than 15 working days;
(13) For selling, transferring public property land use rights according to public property management law: no more than 10 working days;
(14) For debt write-off of land levy and registration fee: same day resolution upon complete documentation receipt; if received after 15:00, resolution may proceed the next working day;
(15) For issuing land use rights Certificate, property ownership rights according to detailed construction plan, or adjusted detailed construction plan of investment projects using land: no more than 05 working days;
(16) For land use purpose conversion registration specified in Clause 3, Article 121 of the Land Law 2024: no more than 10 working days.
When will Decree 101/2024/ND-CP take effect in Vietnam?
Based on Article 67 of Decree 101/2024/ND-CP, the effective date is as follows:
- Decree 101/2024/ND-CP comes into effect on August 1, 2024.
- The following decrees become void on August 1, 2024:
- Some clauses and articles of the following decrees are annulled:
+ Clauses 1 and 2, Article 1 of Decree 136/2018/ND-CP.
+ Article 11 of Decree 104/2022/ND-CP.
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