What are cases of rectification of granted certificates of land use rights and ownership of houses and other land-attached assets in Vietnam?

What are cases of rectification of granted certificates of land use rights and ownership of houses and other land-attached assets in Vietnam?

According to Article 106 of the 2013 Land Law, rectification and revocation of granted certificates are as follows:

1. The state agencies which have the competence to grant the certificate shall correct the granted certificates which bear the following errors:

a/ There is wrong information on the name, the papers on legal status or personal identity, in the address of the land user or owner of land-attached assets as compared with the papers on legal status or personal identity at the time of grant of the certificate to such person;

b/ There is wrong information on the land parcel, land-attached assets as compared with the registration application dossier on land and land-attached assets which have been inspected and certified by the land registration agency.

2. The State may withdraw a granted certificate in the following cases:

a/ The State recovers the whole land area indicated on the granted certificate;

b/ The granted certificate is renewed;

c/ The land user or owner of the land-attached assets registers for a change of land or land- attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;

d/ The existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.

3. The withdrawal of a granted certificate for the cases prescribed at Point d, Clause 2 of this Article shall be decided by the agency having the competence to grant the certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 105 of this Law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement.

According to this Article, due to an error in the name information, you have right to carry out the procedure to correct the information on the Land Use Right Certificate so that this information is accurate compared to your identification documents, documents that prove your name in Vietnam.

What is duration of rectification of granted certificates of land use rights and ownership of houses and other land-attached assets 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 stipulating duration of administrative procedures for land is as follows:

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, the time to carry out the procedure for correcting the certificates of land use rights and ownership of houses and other land-attached assets is no more than 10 days in Vietnam. 

Best regards!