Is re-measurement required in case of transfer of land use rights in Vietnam?
Which cases require land change registration in Vietnam?
Pursuant to Article 133 of the Land Law 2024, cases that require land use right registration include:
[1] The land users or owners of properties attached to the land exercise rights of converting, transferring, inheriting, donating the land use rights, properties attached to the land; contribute capital with land use rights, properties attached to the land; lease, sub-lease the land use rights in infrastructure business construction projects; transfer projects involving land use.
[2] The land users or owners of properties attached to the land are permitted to change their names.
[3] Changes in information regarding land users or owners of properties attached to the land on the granted certificate, not belonging to case [2].
[4] Changes in boundaries, demarcations, sizes of edges, area, parcel numbers, and addresses.
[5] Registering the ownership of properties attached to a parcel that has been granted the Certificate of Land Use Rights or the Certificate of House Ownership and Use Rights of Homestead Land or the Certificate of Land Use Rights, House Ownership, and Other Properties Attached to the Land or the Certificate of Land Use Rights, Ownership of Properties attached to the Land; registering changes in properties attached to the land compared to the registered contents.
[6] Changing the land use purpose as permitted by competent state authorities.
[7] Changing the land use purpose without requiring permission from competent state authorities, but the land user desires to register the changes.
[8] Changing the duration of land use.
[9] Changing forms of land allocation, land leasing, payment of land levy, and land rent as regulated.
[10] Changing land use rights, ownership of properties attached to the land due to division, separation, merger, or transfer as part of an organizational change model or agreement between household members, spouses, or groups of joint land users, joint property owners attached to the land.
[11] Changing land use rights, ownership of properties attached to the land according to mediation results regarding land disputes recognized by competent People's Committees; agreements in mortgage contracts for debt resolution; decisions by competent state agencies on resolving land disputes, complaints, and denunciations; judgments, decisions by courts; execution decisions by enforcement agencies; arbitration awards by Vietnam Arbitration related to commercial activities involving land issues; documents recognizing land use rights auction results in accordance with law.
[12] Establishing, changing, or terminating rights over adjacent parcels.
[13] Changes concerning restrictions on the rights of land users.
[14] Changes regarding land use rights for constructions on the ground serving the operation, exploitation, and usage of underground constructions, ownership of underground constructions.
[15] The land users or owners of properties attached to the land request to change or re-issue the Certificate of Land Use Rights, Certificate of House Ownership and Use Rights of Homestead Land, Certificate of House Ownership, Certificate of Construction Ownership, Certificate of Land Use Rights, House Ownership, and Other Properties attached to the Land or the Certificate of Land Use Rights and Ownership of Properties attached to the Land.
[16] The land users or owners of properties attached to the land exercise rights to mortgage land use rights, properties attached to the land.
[17] Selling assets, reallocating, transferring land use rights as public property per legal regulations on management and use of public property.
Is re-measurement required in case of transfer of land use rights in Vietnam? (image from the Internet)
Is re-measurement required in case of transfer of land use rights in Vietnam?
Based on Clause 3, Article 37 of Decree 101/2024/ND-CP regulating the order and procedures for registering land use right changes, properties attached to the land, and issuing the Certificate of Land Use Rights, ownership of properties attached to the land:
Article 37. Order and Procedures for Registering Land Use Right Changes, Properties Attached to the Land, and Issuing the Certificate of Land Use Rights, Ownership of Properties Attached to the Land
[...]
- The Land Registration Office shall perform the following tasks:
a) Check conditions for exercising rights as prescribed by the Land Law regarding cases of exercising rights by land users or property owners attached to the land; if conditions are not met according to the Land Law, the Land Registration Office shall state reasons and return documents to the applicant.
b) When processing procedures for registering land use right changes for a parcel that has been granted a certificate based on the cadastral map or extract from the cadastral map parcel, the Land Registration Office is not required to conduct surveying or re-determining the parcel's area, except where the land user or property owner attached to the land requires it.
[...]
According to the above regulations, transferring land use rights requires land use right change registration. When transferring land use rights for a parcel with an existing certificate, the Land Registration Office is not required to conduct surveying or determine the parcel's area, except if the land user or property owner attached to the land requests it.
If transferring land use rights for a parcel requiring division, a new survey is mandatory; for transferring the entire parcel, surveying occurs if requested by the land user or changes in boundaries, area, etc., are detected.
What are cases where Certificate of Land Use Rights, Ownership of Properties Attached to the Land will not be issued in Vietnam?
Pursuant to Article 151 of the Land Law 2024, certificates will not be issued in the following cases:
[1] Agricultural land used for public purposes.
[2] Land allocated for management, in the following cases:
- Domestic organizations are allocated to manage public works and safety corridors of works as prescribed by law.
- Domestic organizations are allocated to manage land with water surface of rivers and special-use water land.
- Economic organizations are allocated to manage land areas for implementing investment projects as prescribed by law.
Note: Except when land is concurrently allocated for use and management, then a Certificate of Land Use Rights, ownership of properties attached to the land shall be issued for the area of land used per the land allocation or lease decision by competent state authorities.
[3] Land leased or sub-leased from land users.
Except for leases, sub-leases from investors constructing infrastructure business projects, in line with the investment project approved by competent authorities.
[4] Land under contract assignment.
Except when land use rights are recognized for users of agricultural, forestry land with origins as allocated, contracted, lend, or leased land, or borrowed from state farms and forestry enterprises, before February 1, 2015, under the scheme of state allotment without land levy collection for the currently used land area but not exceeding the agricultural land allocation limit for individuals. The land use period starts from when the Certificate of Land Use Rights, ownership of properties attached to the land, is issued.
[5] Land with a state agency's withdrawal decision, except when three years have passed since the withdrawal decision without implementation.
[6] Land under dispute, undergoing seizure, or subject to other enforcement measures per civil execution law; or land use rights under emergency measures as per the law.
[7] Organizations allocated land without land levy collection for public purposes not for business purposes.
