Are land registration offices allowed to renew certificates of land use rights in Vietnam?

Are land registration offices allowed to renew certificates of land use rights in Vietnam?

Article 37 of Decree 43/2014/ND-CP is supplemented by Clause 23, Article 2 of Decree 01/2017/ND-CP, which stipulates that agencies granting certificates of land use rights and ownership of houses and other land-attached assets when land users exercise the rights of land users or owners of land-attached assets; renewal or re-grant of certificates as follows:

1. For localities in which land registration offices have been established under Clause 1, Article 5 of this Decree, provincial-level Natural Resources and Environment Departments shall grant certificates of land use rights and ownership of houses and other land-attached assets to land users and owners of land-attached assets who have been granted certificates, certificates of ownership of houses or certificates of ownership of construction facilities in the following cases:

a/ When land users or asset owners exercise the rights of land users or owners of land- attached assets, which requires the grant of new certificates of land use rights and ownership of houses and other land-attached assets;

b/ Renewal or re-grant of certificates, certificates of ownership of houses or certificates of ownership of construction facilities.

2. For localities in which land registration offices have not yet been established under Clause 1, Article 5 of this Decree, the grant of certificates to the subjects specified in Clause 1 of this Article is prescribed as follows:

a/ Provincial-level Natural Resources and Environment Departments shall grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations or institutions; overseas Vietnamese implementing investment projects; foreign organizations and individuals; and foreign-invested enterprises;

b/ District-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, communities, and overseas Vietnamese eligible to own houses associated with the rights to use residential land in Vietnam.

3. Local land registration office, if formed, or its branch shall update information onto the issued certificates of land use right with or without ownership of house and other properties attached to land at the discretion of the provincial People's Committee.

4. Provincial People’s Committee shall consider the organization system and facilities of the local land registration office to authorize the Department of Natural resources and Environment's mandate for the land registration office to issue certificates of land use right with or without ownership of house and other properties attached to land under the circumstance defined in Section 1 of this Article.

The official seal of the Department of Natural resources and Environment shall be accessible to the mandates for issuance of certificates of land use right with or without ownership of house and other properties attached to land as stated in Section 1 of Article 105 of the Land Law and this Section.

5. The Ministry of Natural Resources and Environment shall define the subjects that are eligible for grant of certificates of land use rights and ownership of houses and other land- attached assets upon registration of changes in land or land-attached assets, and certify changes in the granted certificates.

Pursuant to current regulations in Vietnam, in cases where the land registration office is fully qualified in terms of organizational structure and facilities, authorized by the Department of Natural resources and Environment, it may be allowed to renew certificates of land use rights (certificates of land use rights and ownership of houses and other land-attached assets).

Do land registration offices have legal person status in Vietnam?

At Point a, Clause 1, Article 5 of Decree 43/2014/ND-CP, as amended by Clause 4, Article 2 of Decree 01/2017/ND-CP, there are regulations on land registration offices as follows:

1. Land registration offices:

a) Land registration office is an agency providing public services under a Department of Natural resources and Environment and is formed or reorganized by the relevant provincial People’s Committee by merging the existing Office of land use right registration under the Department of Natural resources and Environment and the existing Offices of land use right under the local Office of Natural resources and Environment. It is a juridical person in possession of its own location, seal and account to operate as per the laws.

The functions of a land registration office are to register land and land-attached properties; issue certificates of land use right with or without ownership of house and other properties attached to land when mandated as per regulations; take measurements, produce, management, update,  revise and match cadastral documents with land database; reckon up and inventory land; release land information to requesting organizations and individuals as per regulations and provide other services on the premise that its functions and missions accord with competence pursuant to the laws;

According to this Article, the land registration office is an agency providing public services under a Department of Natural resources and Environment and has legal status in Vietnam.

What are regulations on procedures for correction of granted certificates, certificates of house ownership and certificates of ownership of construction works at land registration offices in Vietnam?

In Article 86 of Decree 43/2014/ND-CP, there are regulations on procedures for correction of granted certificates, certificates of house ownership and certificates of ownership of construction works at land registration offices are as follows:

1. Land users or owners of land-attached assets shall submit the granted certificates, certificates of house ownership or certificates of ownership of construction works containing errors to the land registration office for correction. For errors due to the fault of land users or owners of land-attached assets, they shall make a written request for correction.

If the land registration office detect errors in a granted certificate, certificate of house ownership or certificate of ownership of construction works, it shall notify them to the land user or owner of land-attached assets and request the latter to hand over the certificate for correction.

2. The land registration office shall check and make a written record of conclusions on the contents and causes of errors; make a dossier and submit it to a competent agency to make correction in the granted certificate, certificate of house ownership or certificate of ownership of construction works containing errors; and concurrently correct the erroneous contents in the cadastral records and land database.

3. If the holder of the certificate, certificate of house ownership or certificate of ownership of construction works that needs to be corrected requests to change it into a certificate of land use rights and ownership of houses and other land-attached assets, the land registration office shall submit such request to a competent agency for granting such certificate.

Thus, the pprocedures for correction of granted certificates, certificates of house ownership and certificates of ownership of construction works at land registration offices in Vietnam shall comply with the above provisions.

Best Regards!