Procedures for the initial registration of land and assets attached to land for households from August 1, 2024 in Vietnam

1. Application for initial registration of land and assets attached to the land for households in Vietnam from August 1, 2024

The application to be submitted for initial registration of land and assets attached to the land for households from August 1, 2024 includes the following documents:

- Land and associated property registration application form according to Form No. 04/DK;

- One of the documents stipulated in Article 137, Clause 1, Clause 5, Article 148, Clause 1, Clause 5 of Land Law 2024, housing diagrams, and construction works (if any).

In the case where the original parcel has documents on land use rights (land use rights) stipulated in Article 137 of the Land Law 2024 and there is additional land area that has been granted a Certificate, submit documents related to the transfer of land use rights and the Certificate granted for the additional area;

- Documents on inheritance of land use rights for cases of inherited land use rights not yet issued a Certificate of land use rights, ownership of associated property;

- Documents on inheritance of land use rights and documents on transfer of land use rights for cases stipulated in Clause 4, Article 45 of the Land Law 2024;

- Documents on unauthorized land allocation or documents on the purchase, receipt, liquidation, pricing, and distribution of housing and construction works attached to the land as stipulated in Article 140 of the Land Law 2024 (if any);

- Documents related to administrative sanctions in the field of land for cases with administrative violations in the field of land;

- Contracts or agreements or court decisions on establishing rights over adjacent parcels, accompanied by diagrams showing the position and dimensions of the adjacent parcel area with limited usage rights, for cases of registering rights over adjacent parcels;

- Documents identifying family members with common land use rights rights for families currently using the land, in cases where the family is using the land;

- Extract map of cadastral parcels (if any);

- Construction design files appraised by specialized construction agencies or written approval of acceptance results for completing construction items and works, according to construction legal regulations, for cases of certifying the ownership of construction works on agricultural land when the owner of the construction does not have any of the documents specified in Article 149 of Land Law 2024 or works exempt from construction permits per legal construction regulations;

- In cases stipulated in Point a, Clause 6, Article 25 of the Decree 101/2024/ND-CP, submit the Decision on administrative sanctions in the field of land, showing remedial measures for mandatory land registration, and proof of penalty payment by the land user;

- Proof of completed financial obligations and documents related to exemptions or reductions of financial obligations regarding land and associated properties (if any);

- In cases of transferring land use rights, ownership rights of housing, and construction works without completing transfer procedures according to legal regulations, submit documents on transferring land use rights, ownership rights of associated property, with the signatures of both the transferor and transferee;

- For households requiring the issuance of Certificates of land use rights, ownership rights of associated property for housing and construction works that require construction permits stipulated in Clause 3, Article 148, Clause 3, Article 149 of Land Law 2024, submit a certification of eligibility for the existence of such housing and construction works by the district-level construction management agency, according to the legal regulations on construction (if any).

(As stipulated in Clause 1, Article 28 of the Decree 101/2024/ND-CP)

2. Procedures for initial registration of land and assets attached to the land for households from August , 2024 in Vietnam

Households performing initial registration of land and assets attached to the land for households from August 1, 2024, shall follow these procedures:

Step 1: Submit one set of documents as mentioned in Section 1 to the receiving agency at the One-Stop Department as regulated by the provincial People's Committee.

Step 2: The receiving agency issues a receipt and appointment slip for result collection to the applicant and forwards the dossier to the relevant processing agency.

Step 3: The commune-level People's Committee carries out tasks stipulated in Article 33 of Decree 101/2024/ND-CP.

Step 4: The district-level land management agency performs the following tasks:

- Extract cadastral maps for areas already having cadastral maps;

- For areas without cadastral maps and not having extract maps in the registration dossier for issuing Certificates of land use rights and associated property, request the District Land Registration Office Branch to check and approve the extract map.

If there is no extract map, request the District Land Registration Office Branch to carry out the extract mapping for cadastral maps.

The District Land Registration Office Branch checks, approves the extract map within 5 working days from the receipt of the district-level land management agency's request, and the land user bears the cost as regulated;

- In cases where the land user or property owner wishes to certify the ownership rights of housing and construction works and does not have documents stipulated in Point o, Clause 1, Article 28 of Decree 101/2024/ND-CP, send a written request for the functional district-level construction management agency's opinion on the eligibility for the existence of housing and construction works. The district-level construction management agency is responsible for replying in writing within 3 working days to the district-level land management agency;

- Check whether the conditions are met or not for issuing Certificates of land use rights or property ownership rights for cases where the land user or property owner wishes to receive the Certificate of land use rights or property ownership;

- Forward the Notification of Registration Results according to Form No. 03/DK to the application submission place for issuance to the requester in cases where there is no need or insufficient conditions for issuing Certificates of land use rights and associated property; forward the dossier to the Land Registration Office to record and update land registration information, associated property into cadastral records and land database;

- In cases where there is a need and sufficient conditions for issuing Certificates of land use rights and associated property, send the Transfer Ticket for determining financial obligations regarding land according to Form No. 12/DK to the tax authority for tax assessment and financial obligation notification to the land user or property owner; forward the dossier to the Land Registration Office to record and update land registration information, associated property into cadastral records and land database.

(As stipulated in Article 31 of the Decree 101/2024/ND-CP)

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