Can a new Certificate be issued when transferring land use rights in Vietnam?

Can a new Certificate be issued when transferring land use rights in Vietnam?

At Point a, Clause 1, Article 17 of Circular 23/2014/TT-BTNMT stipulating cases of certification of change in the issued Certificate upon registration of change of land and properties associated to the land:

1. The cases of certification of change in the issued Certificate to be delivered to the land user or owner of properties associated to the land upon registration of change of land and properties associated to the land include:

a) Receiving the use right of all area of land, the ownership of all properties associated to the land whose Certificate has been issued in cases of conversion, transfer, inheritance, donation, capital contribution, successful reconciliation on land dispute recognized by the competent People’s Committee; agreement in mortgage contract for debt settlement; administrative decision of the competent state authorities on settlement of land dispute, complaint or denunciation concerning land, decision or judgment of the People’s Court, effective judgment enforcement decision of the enforcement organ; written recognition of result of auction winning of land use right in accordance with regulation of law;

According to Article 20 of Circular 23/2014/TT-BTNMT, pages of Certificate indicating the content of change certification:

1. The page 3 and 4 of the Certificate are used to certify the change in cases specified in Clause 1, Article 17 of this Circular, except for cases specified in Clause 2 of this Article.

2. The additional page of the Certificate specified under Point dd, Clauase 1, Article 3 of this Circular is used to certify the changes in the following cases:

a) Registration of mortgage, change of registered contents or de-registration of mortgage with the land use right or ownership of properties associated with the land;

b) Leasing or sub-leasing of land or cancellation of leasing or sub-leasing of land of the enterprise investing in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones and high-tech parks;

c) Transfer of land use right or ownership of apartment building in case the enterprises invest in building residential houses for sale or sale combined with leasing with the issuance of joint Certificate for unsold apartment buildings.

d) Record of outline of properties associated with the land in cases specified under Point d, Clause 12 of this Circular.

3. When using the additional page of the Certificate, the ordinal number of this page must be recorded and jointly sealed with page 4 of the Certificate (the seal of the competent authorities specified in Article 19 of this Circular); write the note: “Attached to this Certificate is the additional Page No.:01,…” at the end of page 4 of the Certificate; write in the note column of the Certificate issuing Book the number of issued additional Page.

According to this Article, based on the above provisions in Vietnam, when your family receives the transfer of land use rights, you will not be granted a new Certificate, but this change will be recorded on page 3 of the Certificate.

In which cases are certificates of land use rights not granted in Vietnam? 

Pursuant to Article 19 of Decree 43/2014/ND-CP stipulating entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets, according to which:

1. Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.

2. Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or townships.

3. Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.

4. Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.

5. Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.

6. Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.

7. Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.

Thus, if falling into one of the above cases, individuals or organizations using land are not entitled to receive a certificate of land use right in Vietnam.

Best Regards!