Guidelines for Registration of Changes in Land Use Rights Due to Increased Area through Inheritance, Donation of Land Use Rights Already Certified at Provincial Level
Procedure for Registration of Land Use Rights Upon Area Increase Due to Inheritance or Donation for Land Use Rights with Existing Certificate at Provincial Level
Pursuant to Subsection 16, Section 1, Appendix 2 issued together with Decision 1085/QD-BTNMT 2023, the procedure for registration of land use rights upon area increase due to inheritance or donation for land use rights with an existing certificate is as follows:
Step 1: The land user submits the dossier at the Land Registration Office or the branch of the Land Registration Office or the dossier receiving agency as stipulated by the Provincial People's Committee or other designated location where the reception, circulation, resolution, and return of dossier results are established by the Provincial People's Committee.
Households, individuals, and community groups submit the dossier at the Commune People's Committee if desired.
In case the land user exercises their right over a part of the land parcel, they can request the Land Registration Office or its branch to measure and separate the parcel before submitting the dossier.
If the application dossier is incomplete or invalid, the receiving agency must notify and guide the applicant to supplement and complete the dossier within a maximum period of 03 days.
Step 2: The dossier receiving agency records the complete information into the Dossier Reception and Result Return Book and issues a Receipt for Dossier and Result to the applicant.
If the dossier is submitted at the Commune People's Committee, within 03 working days from the date of receipt of the complete dossier, the Commune People's Committee must transfer the dossier to the Land Registration Office or its branch.
Step 3: The Land Registration Office or its branch is responsible for examining the dossier, conditions for performing the procedure, and undertake the following tasks:
- Inform the transferring party of the land use rights and post a notice at the Commune People's Committee regarding the procedure for issuing a Certificate of Title for the transferee in cases where the transferee only possesses the Certificate of Title of the transferor; send a document requesting confirmation of households or individuals directly engaged in agriculture production to the Commune People's Committee at the place of residency or where the land is located if the land is transferred as farm land.
- Send cadastral information to the tax authority to determine and notify the financial obligations required to be fulfilled by law.
- Endorse changes in the existing Certificate of Title.
If granting a new Certificate of Title, proceed to issue the Certificate of Title to the land user.
- Update changes into the cadastral record and land database.
- Issue the Certificate of Title to the land user or send to the Commune People's Committee for those who submitted the dossier at the commune level.
In case the applicant for the Certificate of Title has died before its issuance, the heir must submit additional inheritance documents as per legal requirements. The Land Registration Office or its branch will acknowledge the inheritance on the signed Certificate of Title or issue a new Certificate of Land Use Rights, House Ownership, and Other Assets Attached to the Land for the heir according to regulations from the Ministry of Natural Resources and Environment. The heir is responsible for fulfilling financial obligations related to the land use rights and attached assets as prescribed.
- Endorse the issuance of the Certificate on the original documents.
- Issue a Certificate of Title for the original parcel and the additional area with an existing Certificate of Title.
Step 4: The Certificate holder receives back the original documents with the endorsed Certificate of Title and the new Certificate of Title.
Note that if the land user donates the land use rights to construct public works, a donation document must be prepared as required.
After completing the construction of public works on the donated land, the Land Registration Office or its branch will base on the donation document certified by the Commune People's Committee and the current land use status to measure, correct changes in the cadastral record, update the land database, and notify the land user to submit the issued Certificate of Title for amendment. Should the land user donate the entire Certificate-covered land area, the Certificate will be withdrawn for management.
Guidance on Registering Changes of Land Use Rights When Increasing Area Due to Inheritance or Donation of Certified Land Use Rights at the Provincial Level (Image from the Internet)
Dossier for Registration of Changes in Land Use Rights Due to Area Increase by Inheritance or Donation of Certified Land Use Rights at the Provincial Level
Pursuant to Subsection 16, Section 1, Appendix 2 issued together with Decision 1085/QD-BTNMT 2023, the dossier for registration of changes in land use rights due to area increase by inheritance or donation of certified land use rights includes:
(1) Application for reissuing or exchanging the Certificate of Land Use Rights, House Ownership, and Other Assets Attached to the Land;
(2) Original Certificate of the original parcel;
(3) Original Certificate and contract or document pertaining to the transfer, inheritance, or donation of land use rights prepared according to regulations for the additional land area.
In case of transfer, inheritance, or donation of additional land area per Clause 2, Article 82 of Decree 43/2014/ND-CP, the original Certificate of the transferor or the transfer, inheritance, or donation document for the additional land area must be submitted.
Authority Handling the Registration of Changes in Land Use Rights Due to Area Increase by Inheritance or Donation of Certified Land Use Rights at the Provincial Level
Pursuant to Subsection 16, Section 1, Appendix 2 issued together with Decision 1085/QD-BTNMT 2023, the procedures for registering changes in land use rights due to area increase by inheritance or donation of certified land use rights are implemented at:
- Deciding Authority: Land Registration Office or Branch of the Land Registration Office
- Authorized or Decentralized Authority (if any): None.
- Directly Implementing Agency: Land Registration Office or Branch of the Land Registration Office.
- Coordinating Agencies (if any): Commune People's Committee, Tax Agency, Treasury.
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