What are places for submission of application for registration of land-related changes or changes to the property affixed to land in Vietnam under Decree 101 on issuing certificates of land use rights in Vietnam?

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What are places for submission of application for registration of land-related changes or changes to the property affixed to land in Vietnam under Decree 101 on issuing certificates of land use rights in Vietnam?

Based on Clause 4, Article 21 of Decree 101/2024/ND-CP, regarding the registration of land-related changes or changes to the property affixed to land in Vietnam, the applicant may choose the place to submit their documents as follows:

(1) In case the land user or the owner of the attached assets is an individual or a community, they may choose one of the following places to submit their documents:

(i) The One-Stop Administrative Service Division as prescribed by the Provincial People's Committee for the reception of documents and the return of administrative procedure results at the provincial, district, or commune level;

(ii) The Land Registration Office;

(iii) Branches of the Land Registration Office.

In the case of re-determining the homestead land area as prescribed in Clause 6, Article 141 of the Land Law 2024, documents should be submitted to the agency specified in (i).

(2) In case the land user or the owner of the attached assets is a domestic organization, a religious organization, a subsidiary religious organization, a foreign organization with diplomatic functions, an economic organization with foreign investment, a foreign organization, or a foreign individual, they may choose to submit their documents at (i) or (ii);

In case the land user or the owner of the attached assets is a Vietnamese origin residing abroad, they may choose where to submit their documents as prescribed in (1);

(3) When transferring the rights to use the land or the ownership of the attached assets, documents should be submitted according to the transferee and in accordance with the regulations at (i) or (ii).

What are places for submission of application for registration of land-related changes or changes to the property affixed to land in Vietnam under Decree 101 on issuing certificates of land use rights in Vietnam? (Internet image)

What are 06 cases of registration of land-related changes or changes to the property affixed to land in Vietnam from August 1, 2024?

Based on Article 23 of Decree 101/2024/ND-CP, six cases of registration of land-related changes or changes to the property affixed to land in Vietnam are as follows:

(1) Land parcel merging or splitting.

(2) Lessees or sub-lessees of land use rights from investors who were allocated or leased land by the State for infrastructure construction business.

(3) Investment projects utilizing land that adjust the project's detailed construction planning according to construction law or if the project investor was issued a Certificate for the entire project land area and needs to issue a Certificate of land use rights, ownership of assets attached to the land for each parcel according to the approved detailed construction planning.

(4) Certifying the ownership of assets attached to land on parcels that already have a Certificate.

(5) Changing all parcel information due to cadastral mapping; recalculating homestead land area as prescribed in Clause 6, Article 141 of the Land Law 2024.

(6) Cases registering Change of land use rights or ownership of attached assets where there are no more blank lines to certify changes on the issued Certificate or when the land user or the asset owner needs a new Certificate of land use rights, ownership of assets attached to the land.

What are regulations on cancelation of results of registration of changes on issued certificates of land use rights in Vietnam?

Based on Article 47 of Decree 101/2024/ND-CP, the regulation on how to cancel the results of registration of changes on issued certificates of land use rights is as follows:

(1) Change registration results executed by the Land Registration Office in conformity with the law can only be canceled when the Land Registration Office receives a document from one of the following authorities:

(i) A legally effective judgment or decision of the Court deciding that the land Change registration must be partially or wholly canceled;

(ii) A decision by a competent state authority to resolve land disputes, complaints, or denunciations involving the full or partial cancellation of the land Change registration results;

(iii) A decision or award of the Vietnam Commercial Arbitration regarding the resolution of disputes between parties arising from commercial activities related to land, entailing partial or whole cancellation of the land Change registration results.

(2) The Land Registration Office is responsible for:

(i) Notifying in writing the cancellation of registration to the land user, the owner of assets attached to the land, and the related parties. The notification letter must state the basis for canceling the registration results and require the holder of the Certificate to submit it back for the Land Registration Office to execute the cancellation of Change registration results.

If the Certificate is not returned, the land Change registration cancellation still takes effect;

(ii) Issuing a new Certificate of land use rights, ownership of assets attached to the land, or annotating the Change on the issued Certificate based on the cancellation result;

(iii) Rectifying and updating the Change into cadastral records, land databases, and delivering the Certificate of land use rights, ownership of assets attached to the land, or sending it to the document-receiving agency for handing over to the grantee.

(3) In case the Change registration result was canceled but the Land Registration Office receives documentation from the authorities listed in (1) on restoring the previously canceled Change registration result, the Land Registration Office shall:

(i) Notify in writing the restoration of the registration result to the land user, the owner of assets attached to the land, and the related parties; the notification must specify the basis for restoring the registration and require the Certificate holder to submit it back for the Land Registration Office to restore the Change registration result.

If the Certificate is not returned, the restoration of the land Change registration still takes effect;

(ii) Execute the tasks specified in (ii2) and (iii2).

(4) In case of canceling Change registration as prescribed in (2) without annotating such cancellation on the Certificate and the Land Registration Office receives documentation from the authorities specified in (1) on restoring the previously canceled Change registration result, the Land Registration Office shall notify in writing the land user, the owner of assets attached to the land, the Certificate holder, and related parties about the non-change or non-termination of the registration effect recorded on the Certificate.