From August 1, 2024, are cases where there are changes in boundaries after having been issued the land use right certificate (LURC) required to apply for change registration in Vietnam? What authorities are responsible for issuing LURC after change registration in Vietnam?
What are the contents of registration of land-related changes or changes to the property affixed to land in Vietnam?
Pursuant to Clause 2, Article 18 of Decree 101/2024/ND-CP, the contents of the registration of land-related changes or changes to the property affixed to land in Vietnam include:
- Information about the land user, owner of land-attached assets, person assigned land for management including name, personal identification documents, legal person, address of the land user, owner of land-attached assets, and person assigned land for management;
- Information about the parcel including parcel number, map sheet number, address, area, land type, land use form, land use origin, and other information about the parcel; information about the land-attached asset including asset type, address, construction area, floor area, usable area, ownership form, ownership duration, and other information about the land-attached asset;
- Information about the contents of changes specified in Clause 1, Article 133 of the Land Law 2024 and the reason for the changes;
- Other requirements of the land user, owner of land-attached assets in accordance with the law on land (if any).
From August 1, 2024, are cases where there are changes in boundaries after having been issued the land use right certificate (LURC) required to apply for change registration in Vietnam? What authorities are responsible for issuing LURC after change registration in Vietnam? (Image from the Internet)
From August 1, 2024, are cases where there are changes in boundaries after having been issued the land use right certificate (LURC) required to apply for change registration in Vietnam?
Pursuant to Point d, Clause 1, Article 133 of the Land Law 2024, the regulations are as follows:
Change Registration
1. Change registration is conducted for the following cases where a Certificate of land use rights or a Certificate of house ownership and land use rights for homestead land or a Certificate of house ownership or a Certificate of construction work ownership or a Certificate of land use rights, house ownership, and other assets attached to the land or a Certificate of land use rights, ownership of assets attached to the land have been issued:
...
c) Change in information about the land user, owner of the land-attached asset on the issued certificate not specified in Point b of this Clause;
d) Change in boundaries, landmarks, dimensions of sides, area, number, and address of the parcel;
...
Thus, if boundaries are changed after having been issued the red book, it is necessary to register the change.
Moreover, if changes in boundaries occur after having been issued a Certificate of land use rights or a Certificate of house ownership and land use rights for homestead land or a Certificate of house ownership or a Certificate of construction work ownership, registration of change is also required.
What authorities are responsible for issuing LURC after change registration in Vietnam?
Pursuant to Clause 2, Article 136 of the Land Law 2024, the authority for issuing red books in cases of change registration is as follows:
- The land registration organization carries out the registration for land users, owners of land-attached assets who are domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, and foreign-invested economic organizations;
The issuance of Certificates of land use rights, ownership of assets attached to the land for owners of land-attached assets who are foreign organizations or foreign individuals;
- The branch of the land registration organization or the land registration organization provides registration for land users, owners of land-attached assets who are individuals, residential communities, and overseas Vietnamese;
- The land registration organization, or its branch, uses its seal to issue Certificates of land use rights, ownership of assets attached to land, or confirm the change on the issued certificate.
What is the dossier to be submitted when performing the procedure of change registration?
Pursuant to Article 28 of Decree 101/2024/ND-CP, the dossier to be submitted when performing the procedure of land change registration, where the case does not fall under Articles 38, 39, 40, 41, 42, 43, and 44 of Decree 101/2024/ND-CP, includes:
- The application for land change registration, land-attached assets according to Form No. 11/DK issued together with Decree 101/2024/ND-CP.
- The issued certificate.
- One of the documents related to the content of land change, land-attached assets for each specific case as prescribed in Article 30 of Decree 101/2024/ND-CP.
- Documents regarding the representative as prescribed by civil law in cases of performing land registration procedures, and land-attached assets through a representative.
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