What is land change registration in Vietnam? What are the cases where land change registration must be conducted according to the 2013 Land Law?
What is land change registration in Vietnam?
Pursuant to the provisions of Article 95 of the 2013 Land Law, land registration is compulsory for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner.
Registration of land, houses and other land-attached assets includes the first registration and change registration.
Registration of land, houses and other land-attached assets are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.
For land change registration, in Clause 3, Article 3, Circular 24/2014/TT-BTNMT has the following definition:
Registration of changes of land, property on land (hereinafter referred to as the change registration) means implementing procedures for record the change in one bit or some bit of the registered information in the cadastral dossiers as prescribed in law.
Thus, it can be understood that land change registration is the abbreviation for the activity of registering land changes and assets attached to land.
Specifically, land change registration aims to record changes to information registered in cadastral records.
What is land change registration in Vietnam? What are the cases where land change registration must be conducted according to the 2013 Land Law? (Image from the Internet)
Vietnam: What are the cases where land change registration must be conducted according to the 2013 Land Law?
Pursuant to the provisions of Clause 4, Article 95 of the 2013 Land Law, there are provisions as follows:
Registration of land, houses and other land-attached assets
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4. Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:
a/ The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;
b/ The land user or the owner of land-attached assets is allowed to change his/her name;
c/ There is a change in the shape, dimension, area, number and address of the land parcel;
d/ There is a change in land-attached assets compared with the registered contents;
e/ There is a change of land use purpose;
f/ There is a change of land use term;
g/ There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;
h/ Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;
i/ The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;
k/ There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law;
l/ The limited use rights to the adjacent land parcel are established, changed or terminated;
m/ There is a change in the limitations on the rights of land users.
Thus, in the 2013 Land Law, the registration of land changes is carried out according to the 12 cases mentioned above.
When is the deadline for land change registration in Vietnam?
Pursuant to the provisions of Clause 6, Article 95 of the 2013 Land Law as follows:
Registration of land, houses and other land-attached assets
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6. For the cases of change registration specified at Points a, b, h, i, k and 1, Clause 4 of this Article, land users shall perform the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights are divided.
Thus, the time limit for procedures for change registration within 30 days from the date of the change.
In case of inheritance, this period is calculated from the date the inherited land use rights are divided.
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