Can I get a new certificate of land use right, house ownership and other properties associated with the land if I inherit land use rights in Vietnam?

Can I get a new certificate of land use right, house ownership and other properties associated with the land if I inherit land use rights in Vietnam?

Pursuant to Clause 1, Article 17 of Circular 23/2014/TT-BTNMT supplemented by Article 6 of Circular 33/2017/TT-BTNMT on cases of confirmation of changes in the issued Certificate when registering earthquake changes land, property attached to 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;

b) Transfering the use right of a part of area of land parcel, a part of properties associated with the land whose Certificate has been issued to others in the cases specified under Point a of this Clause or transferring the use right of one or a number of land parcel among the land parcels issued with a joint Certificate, the transferor is entitled to certifying in the issued Certificate.

c) Transferring the land use right, ownership of house and other properties associated with the land of husband or wife into the joint land use right or joint ownership of properties of spouse.

d) Registering the mortgage and de-registering mortgage, registering the change of content of mortgage by the land use right or the properties associated with the land which has been form or shall be formed in the future.

dd) Investors who are allotted land or lease land from the State to invest in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks register the land leasing or sub-leasing, cancellation of registration of land leasing or sub-leasing;

e) Househholds and individuals that establish private enterprises or vice versa; transform their companies, split, separate, merge or consolidate enterprises not subject to the case of transfer of land use right or ownership of properties associated with land;

g) Land users and owners of properties attached to land are allowed to change their names; certify the change of information about the legal entity, the number of the people's identity card, the number of the citizen's identity card, and the address on the issued Certificate according to the needs of the land user and owner of property on land; certify the change of information on the legal entity, the number of the people's identity card, the number of the citizen's identity card, and the address on the issued Certificate concurrently with the procedures for registration of changes in land and land-attached assets;

h) Reduction in area of land parcel due to natural landslide;

i) Change of limited right of land user or owners of properties associated with land;

k) Change of financial obligations recorded in the Certificate;

l) Change of properties associated with land recorded in the Certificate; certification of addition of properties associated with land in the issued Certificate;

m) Change of information on the number of land parcel; area of land parcel from measurement; name of administrative unit where the land parcel is located;

n) Transfer of purpose of land use;

o) Change of duration of land use;

p) Transfer from the form in which the State leases land with annual land use fees to the form of land leasing with one time payment for the whole duration of leasing; from the form in which the State allots land without land use fees to the form of land leasing; from land leasing to land allotment with land use fees under regulations of law on land;

q) Confirmation, change or termination of limited use right of adjacent land parcel;

r) The State recovers a part of area of land parcel which has been issued with Certificate;

s) Correction of contents in the issued Certificate due to mistake during writing or printing;

t) Certificate has been issued jointly for many land parcels and there is a land parcel separated for issuance of separate Certificate.

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

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.

Based on the above provisions in Vietnam, when your family inherits the land use right, this content will be recorded on page 3 of the Certificate.

How many days will it take to receive the certificate of land use right, house ownership and other properties associated with the land in case of carrying out procedures for name transfer in Vietnam? 

In Clause 2, Article 61 of Decree 43/2014/ND-CP as amended by Clause 40, Article 2 of Decree 01/2017/ND-CP on time for carrying out administrative procedures on land:

2. The duration of the procedures for registration of land and properties attached to land, for certification and re-certification is defined below:

a) The registration of land and properties attached to land or the certification of land use right with or without ownership of house and properties attached to land shall not take more than 30 days;

b) The registration and certification of land use right with or without ownership of house and properties attached to land for a transferee receiving land use right with or without ownership of house or building from a construction investment organization shall not take more than 15 days;

c) The registration and certification of land use right with or without ownership of house and properties attached to land upon a change to the properties attached to land shall not take more than 15 days;

d) The registration of change to land or properties attached to land for a winner of an auction of land use right; the settlement of land-related dispute, complaint or denunciation; the settlement of a land use right mortgage contract or a contract for contribution of capital in the form of land use right; the distrainment and auction of land use right or properties attached to land for the execution of a sentence; the division, merger or consolidation of an organization or conversion of a company; the division or consolidation of land use right(s) and ownership(s) of properties attached to land under an agreement of a household, married couple or group of land users shall not take more than 10 days;

dd) The division or consolidation of land lots or the registration of land allocated by the government for management shall not take more than 15 days;

e) The procedure for land use extension shall not take more than 07 days;

g) The procedure for confirmation of a household’s or individual’s continued use of land upon expiration of land use duration shall not take more than 05 days;

h) The registration, revision or termination of a limited right of use of a contiguous land lot shall not take more than 10 days;

i) The registration of change to the land user(s), to the owner(s) of properties attached to land, to the shape, size, number or address of a land lot or to limitation(s) on land use right or to financial obligations or to properties attached to land against the previous registration shall not take more than 10 days;

k) The procedure for changing from renting of land on annual rental basis to renting of land on one-off rent payment; or from the government’s allocation of land without land use fee to renting of land; or from renting of land to land allocation with the charge of land use fee shall not take more than 30 days;

l) The procedure for exchange, transfer, inheritance, donation of land use right with or without ownership of properties attached to land or for registration of capital contribution in the form of land use right or ownership of properties attached to land shall not take more than 10 days;

m) The procedure for termination of registration of capital contribution in the form of land use right with or without ownership of properties attached to land shall not take more than 03 days;

n) The procedure for registration or termination of registration of mortgage, lease or sublease of land use right shall not take more than 03 days;

o) The procedure for changing a spouse's land use right with or without ownership of properties attached to land to the spouses' concurrent right and ownership shall not take more than 05 days;

p) The procedure for replacement of a certificate of land use right, certificate of house ownership or certificate of ownership of a building shall not take more than 07 days; however, the procedure for replacement of multiple land users’ certificates due to map redrawing shall not take more than 50 days;

q) The procedure for reissuance of a lost certificate of land use right, lost certificate of house ownership or lost certificate of ownership of a building shall not take more than 10 days;

r) The procedure for correction of information on an issued certificate of land use right with or without ownership of house and properties attached to land, an issued certificate of land use right, an issued certificate of house ownership and land use right, an issued certificate of house ownership or an issued certificate of ownership of a building shall not take more than 10 days.

Thus, time limit for transferring the name on the land use right certificate is not more than 15 days after the competent authority receives the valid dossier and the parties fulfill their financial obligations in Vietnam.

Best Regards!