Latest order and procedures for registering land use rights for the first time in Vietnam

On April 28, 2023, the Ministry of Natural Resources and Environment issued Decision 1085/QD-BTNMT. The Ministry of Natural Resources and Environment guides the order and procedures for registering land use rights for the first time (Provincial level - In case a land registration office has been established).

1. Subjects and agencies registering land use rights for the first time in Vietnam

Subjects carrying out administrative procedures:

- Religious organizations and establishments; Vietnamese people residing abroad; foreign-invested enterprises implementing investment projects; foreign organizations with diplomatic functions.

- Households, individuals, communities, and Vietnamese residing abroad are allowed to own houses associated with residential land use rights in Vietnam.

Agencies carrying out administrative procedures:

- Authority with decision-making authority: land registration office or land registration office branch.

- Agency directly implementing administrative procedures: land registration office or land registration office branch.

- Coordinating agency (if any): Commune People's Committee.

Results of implementing administrative procedures: recorded in the cadastral book and made records for the State to manage.

Fees and charges (if any): Follow the provisions of the Law on Fees and Charges

Requirements and conditions for implementing administrative procedures (if any):

For cases of carrying out procedures in the electronic environment: Based on specific conditions of land information technology technical infrastructure and land database under management, the agency receiving dossiers and returning results of land-related administrative procedures specified in Article 60 of Decree 43/2014/ND-CP is responsible for organizing the reception of dossiers and return results of administrative procedures in the electronic environment according to Government regulations.

2. Latest procedure for registering land use rights for the first time

- Register direct use rights:

+ Land users submit documents at the Land Registration Office, Land Registration Office Branch, or application receiving agency according to the regulations of the Provincial People's Committee or location according to the needs of the localities, and the Provincial People's Committee issuing regulations on receiving, circulating dossiers, processing, and returning the results of handling procedures according to the needs of the location.

Households, individuals, and communities submit applications to the commune-level People's Committee if needed.

In case of receiving an incomplete or invalid application, within a maximum of 03 days, the agency receiving and processing the application must notify and instruct the applicant to supplement and complete the application according to regulations.

+ The dossier receiving agency is responsible for recording all information in the dossier receiving book, returning results, and giving the dossier receiving slip and returning results to the applicant.

In cases where households, individuals, or residential communities submit documents to the Commune People's Committee, the Commune People's Committee transfers the documents to the Land Registration Office or Land Registration Office Branch.

+ The Land Registration Office or Land Registration Office Branch updates registered land plot information in cadastral records and the land database (if any).

- Carry out procedures in the electronic environment:

The agency receiving and processing documents is responsible for implementing land-related administrative procedures and orders according to the provisions of land law; In cases where it is necessary to check, verify, and clarify, or due to other reasons, the results of dossier processing are not returned in accordance with regulations on time for resolving land-related administrative procedures, the agency receiving the dossier and handling the procedures will send a written notice either through the Public Service Portal or via SMS to the requester, clearly stating the reason.

Land users and owners of assets attached to land are responsible for fulfilling financial obligations according to the provisions of the law, either directly or online through the payment function of the Public Service Portal.

Return of results of administrative procedures is carried out at the dossier receiving agency, via public postal service, or at the requested location in the case of receiving documents and returning results of land registration procedures and other assets attached to land.

3. Implementation method, components of application for first-time land use rights registration

Forms of submission:

- Land users submit applications at the Land Registration Office, Land Registration Office Branch, or application receiving agency according to the regulations of the Provincial People's Committee or location according to the needs of localities where the Provincial People's Committee has issued regulations on receiving, circulating documents, processing, and returning results of procedural procedures according to the needs of the location or in the electronic environment.

- Households, individuals, and communities submit documents to the commune-level People's Committee if needed.

Ingredients and quantity of documents:

- Document components include:

(1) Application for registration and issuance of Certificate of land use rights, ownership of housing, and other assets attached to land according to Form No. 04a/DK issued with Circular 24/TT-BTNMT;

Form 04a/Register: Download 

(2). One of the documents on land use rights (copy of one of the documents that has been notarized or authenticated, or a copy of the document and present the original for the officer receiving the documents to check, compare, and confirm in the copy or original) as follows:

(a) Documents on land use rights before October 15, 1993, issued by competent authorities during the implementation of land policy by the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the State of the Socialist Republic of Vietnam;

(b) Temporary land use rights certificate issued by a competent state agency or listed in the Land Registration Book or Cadastral Book before October 15, 1993;

(c) Legal documents on inheritance or donation of land use rights or assets attached to land; documents for handing over charity houses and charity houses attached to land;

(d) Documents transferring land use rights and buying and selling houses attached to residential land before October 15, 1993, certified by the Commune People's Committee as being used before October 15, 1993;

(dd) Documents for liquidation and valuation of housing attached to residential land; documents for purchasing state-owned housing according to the provisions of law;

(e) Documents on land use rights issued by competent authorities under the old regime to land users;

(g) One of the documents prepared before October 15, 1993, has the name of the land user, including:

- Land inventory books and land registration books prepared before December 18, 1980.

- One of the documents created during the land registration process according to Directive 299-TTg dated November 10, 1980 includes:

+ The approval record of the Commune-level Land Registration Council determines that the current land user is legal;

+ A summary of legal land use cases prepared by the commune-level People's Committee, the commune-level Land Registration Council, or district and provincial land management agencies;

+ Application for registration of land use rights in cases where there is no record of approval and a summary of legal land use cases. In cases where there is a difference between the time of application and the time of confirmation, the time of establishment of the application shall be calculated according to the earliest time recorded in the application.

+ Documents certifying the registration of land use rights issued by the People's Committee at the commune, district, or provincial level to the land user;

+ Documents on house registration declaration certified by the People's Committee at the commune, district, or provincial level, including the land area with the house;

+ Documents of the defense unit allocating land to officers and soldiers for housing before October 15, 1993, according to Directive 282/CT-QP dated July 11, 1991.

- Project, list or document on immigration to build new economic zones, immigration, and resettlement approved by district-level, provincial-level, or competent state agencies.

- Documents from state-owned farms and forestry farms on land allocation to workers in farms and forestry farms for housing (if any).

- Documents containing content on ownership of houses and buildings; on the construction and repair of houses and works certified or permitted by the district or provincial People's Committee or the state management agency in charge of housing and construction.

- Temporary land allocation documents from district and provincial People's Committees; applications for land use approved or accepted by the People's Committee at the commune level or agricultural cooperative before July 1, 1980, or approved and approved by the People's Committee at the district or provincial level

- Documents from competent state agencies on land allocation to agencies and organizations to arrange land for officials and employees to make their own houses or build houses to allocate (grant) to officials and employees with capital that does not belong to the state budget or is constructed by officials and employees themselves. In the case of building housing with state budget capital, that housing fund must be handed over to the local housing management agency for management and business according to the provisions of the law.

(H) Copies of documents prepared before October 15, 1993, with the name of the land user mentioned at point g and confirmation from the district or provincial People's Committee or specialized management agency at the district or provincial level in cases where the original document has been lost and the state agency no longer maintains records managing the issuance of that type of document.

(i) The Department of Natural Resources and Environment and the Division of Natural Resources and Environment are responsible for providing land inventory books and land registration books created before December 18, 1980, specified in Clause 1 of this Article, which are being stored at their agencies for the commune-level People's Committee and land users to serve the registration and issuance of certificates of land use rights, ownership of houses, and other assets attached to land.

(k) One of the documents on land use rights mentioned in points a, b, c, d, dd, e, g, and h above, with the name of another person written on that document, enclosed with documents on the transfer of land use rights signed by relevant parties.

(l) Households and individuals are entitled to use land according to the judgment or decision of the People's Court, the judgment enforcement decision of the judgment enforcement agency, a document recognizing successful conciliation results, Decisions to resolve disputes, complaints, and denunciations about land by competent state agencies.

(m) Households and individuals currently using land have a decision on land allocation or land lease from a competent state agency from October 15, 1993, to July 1, 2014.

(n) Certificate of land being used for common use by the community in case the residential community is using the land.

(3) Documents of fulfillment of financial obligations; Documents related to the exemption or reduction of financial obligations regarding land and assets attached to land - if any (copy).

(4) In case of registration of limited use rights for an adjacent land plot, there must be a contract, written agreement, or decision of the People's Court on establishing limited use rights for the adjacent land plot. Attached is a diagram showing the location and size of the area of the land plot where the user of the adjacent land plot has limited use rights.

- Number of documents: 01 set

Settlement deadline:

As prescribed by the Provincial People's Committee but no more than 30 days from the date of receipt of valid documents.

This time does not include days off and holidays as prescribed by law; it does not include the time to receive documents at the commune or the time to fulfill the land user's financial obligations; it does not include the time for consideration and handling in cases of land use that violates the law or the time for soliciting appraisals.

For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions
The implementation time has increased by 10 days.

The results of administrative procedures must be returned to land users and owners of assets attached to land within no more than 03 working days from the date of the resolution results.

For localities where the Provincial People's Committee has issued regulations on receiving, circulating documents, processing, and returning results of procedures according to time needs, the time to resolve the procedures shall be carried out according to the agreement between the person in need and the Land Registration Office or Land Registration Office Branch but shall not exceed the time for carrying out the procedures prescribed by the Provincial People's Committee.

Best regards!

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