When is registration of land changes conducted? What is the duration of registration of land changes in Vietnam?
When is registration of land changes conducted?
Pursuant to the provisions of Clause 4, Article 95 of the 2013 Land Law of Vietnam 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.
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Thus, a land user who has been granted a land use right certificate but changes his or her information in one of the above cases will proceed with the procedures for registration of land changes.
When is registration of land changes conducted? What is the duration of registration of land changes in Vietnam? (Image from the Internet)
What is the duration of registration of land changes in Vietnam?
Pursuant to Clause 2, Article 61 of Decree No. 43/2014/ND-CP as amended by Clause 40, Article 2 of Decree No. 01/2017/ND-CP, as follows:
Duration of administrative procedures for land
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2. The duration of the procedures for registration of land and properties attached to land, for certification and re-certification is defined below:
a) The registration of land and properties attached to land or the certification of land use right with or without ownership of house and properties attached to land shall not take more than 30 days;
b) The registration and certification of land use right with or without ownership of house and properties attached to land for a transferee receiving land use right with or without ownership of house or building from a construction investment organization shall not take more than 15 days;
c) The registration and certification of land use right with or without ownership of house and properties attached to land upon a change to the properties attached to land shall not take more than 15 days;
d) The registration of change to land or properties attached to land for a winner of an auction of land use right; the settlement of land-related dispute, complaint or denunciation; the settlement of a land use right mortgage contract or a contract for contribution of capital in the form of land use right; the distrainment and auction of land use right or properties attached to land for the execution of a sentence; the division, merger or consolidation of an organization or conversion of a company; the division or consolidation of land use right(s) and ownership(s) of properties attached to land under an agreement of a household, married couple or group of land users shall not take more than 10 days;
Thus, the duration of registration of land changes is no more than 10 days.
How many cases of first land registration are there?
Pursuant to Clause 3, Article 95 of the 2013 Land Law of Vietnam as follows:
Registration of land, houses and other land-attached assets
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3. First registration is conducted in the following cases:
a/ The land parcel is allocated or leased for use;
b/ The land parcel is in use but not registered yet;
c/ The land parcel is allocated for management but not registered yet;
d/ The houses and other land-attached assets are not registered yet.
Thus, there will be 4 cases of land registration for the first time:
- The land parcel is allocated or leased for use;
- The land parcel is in use but not registered yet;
- The land parcel is allocated for management but not registered yet;
- The houses and other land-attached assets are not registered yet.
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