When to conduct land change registration in Vietnam? Will I be fined if I don't register the land change?
When to conduct land change registration in Vietnam?
Pursuant to Clause 4, Article 95 of the 2013 Land Law of Vietnam, the land change registration in Vietnam is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:
- 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;
- The land user or the owner of land-attached assets is allowed to change his/her name;
- There is a change in the shape, dimension, area, number and address of the land parcel;
- There is a change in land-attached assets compared with the registered contents;
- There is a change of land use purpose;
- There is a change of land use term;
- 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 the 2013 Land Law of Vietnam;
- 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;
- 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;
- 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;
- The limited use rights to the adjacent land parcel are established, changed or terminated;
- There is a change in the limitations on the rights of land users.
Khi nào phải đăng ký biến động đất đai? Không đăng ký biến động đất đai thì có bị phạt không?
Will I be fined if I don't register the land change?
Pursuant to Article 17 of Decree 91/2019/ND-CP as follows:
Failure to conduct land registration
1. Failing to conduct first-time land registration as specified in Point b Clause 3 Article 95 of Land Law in rural areas shall be sanctioned as follows:
a) Sanctioned in forms of warnings or a fine ranging from VND 500,000 to VND 1,000,000 in case of failing to conduct first-time land registration within 24 months from the effective date hereof;
b) Sanctioned in form of a fine ranging from VND 1,000,000 to VND 2,000,000 in case of failing to conduct first-time land registration after 24 months from the effective date hereof.
2. Failing to conduct land change registration as specified in Points a, b, h, i, k and l Clause 4 Article 95 of Land Law in rural areas shall be sanctioned as follows:
a) A fine ranging from VND 1,000,000 to VDN 3,000,000 shall be imposed if land change registration is not conducted within 24 months from the deadline specified in Clause 6 Article 95 of Land Law;
b) A fine ranging from VND 2,000,000 to VDN 5,000,000 shall be imposed if land change registration is not conducted after 24 months from the deadline specified in Clause 6 Article 95 of Land Law.
3. Failing to conduct first-time land registration or land change registration in urban areas shall be met with twice the fine amounts of each case specified in Clauses 1 and 2 of this Article.
4. Rectification measures:
Request persons using land in cases of failing to conduct first-time land registration or land change registration to follow procedures of land registration as per the law.
Thus, failing to conduct land change registration as specified in Points a, b, h, i, k and l Clause 4 Article 95 of the 2013 Land Law of Vietnam in rural areas shall be sanctioned as follows:
- A fine ranging from VND 1,000,000 to VDN 3,000,000 shall be imposed if land change registration is not conducted within 24 months from the deadline specified in Clause 6 Article 95 of the 2013 Land Law of Vietnam;
- A fine ranging from VND 2,000,000 to VDN 5,000,000 shall be imposed if land change registration is not conducted after 24 months from the deadline specified in Clause 6 Article 95 of the 2013 Land Law of Vietnam.
Note: The above fine applies to violations in rural areas, the fine for violations in urban areas is equal to 02 times the fine for violations in rural areas.
How long does it take to register a land change?
Pursuant to the provisions of Clause 6, Article 95 of the 2013 Land Law of Vietnam, the time for land change registration is prescribed as follows:
- For the cases of change registration specified at Points a, b, h, i, k and 1, Clause 4 Article 95 of the 2013 Land Law of Vietnam, 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.
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