What are procedures for issuance of certificates of land use rights and ownership of houses and land-attached assets for the first time in Vietnam?

What are procedures for issuance of certificates of land use rights and ownership of houses and land-attached assets for the first time in Vietnam? - image from internet

1. Legal basis:

- Law on Land in 2013;

- Decree 43/2014/ND-CP;

- Decree 01/2017/ND-CP;

- Decree 10/2022/ND-CP;

- Circular 24/2014/TT-BTNMT.

2. Conditions for issuance of certificates of land use rights and ownership of houses and land-attached assets for the first time in Vietnam

Cases of issuance of certificates of land use rights and ownership of houses and land-attached assets for the first time:

- Current land users who are eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Articles 100, 101 and 102 of the Law on Land in 2013;

- People who are allocated land or leased land by the State from the date this Law takes effect;

- People who are allowed to exchange, acquire, inherit, receive land use rights as a donation, or receive land use rights contributed as capital, or to receive land use rights upon settlement of contracts on mortgage with land use rights to recover debts;

- People who are entitled to use land as a result of the successful conciliation of land disputes, a judgment or decision of the People’s Court, a judgment enforcement decision of the judgment enforcement agency, or a decision on settlement of land disputes, complaints or denunciations of a competent state agency, which has been executed;

- Land use right auction winners;

- People who use land in industrial parks, industrial parks, export processing zones, hi-tech zones or economic zones;

- People who buy houses and other land-attached assets;

- People who buy houses attached to residential land liquidated by the State or buy state- owned houses;

- People who use split or consolidated land parcels; a group of land users or members of a household, husband and wife, organizations using land who split or consolidate the existing land use rights;

- Land users who request change or re-grant of a lost certificate.

Cases of issuance of certificates of land use rights and ownership of houses and land-attached assets for households, individuals having documents on land use rights:

- Using land stably;

- Having one of the following documents:

+ The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

+ Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

+ Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

+ The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

+ The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

+ The document on land use rights issued by a competent authority of the former regime to land users;

+ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

Cases of issuance of certificates of land use rights and ownership of houses and land-attached assets for households and individuals using the land prior to the effective date of the Law on Land in 2013 and having none of documents on land use rights:

- Households and individuals have a book of status of permanent residence in the locality;

- Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions, and are certified by the commune-level People’s Committee that the land has been used stably and dispute-free, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.

Cases of issuance of certificates of land use rights and ownership of houses and land-attached assets for households using land and having none of documents on land use rights:

- Have used land stably before July 1, 2004;

- Commit no violations of the land law;

- Such land is certified by the commune-level People’s Committee as dispute-free;

- If the land is conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, it shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

Application for issuance of certificates of land use rights and ownership of houses and land-attached assets for the first time in Vietnam

- A written form of registration, granting Certificate of rights to use land, ownership of land and property on land for the first time in for form 04/DDK issued together with the Circular 24/2014/TT-BTNMT;

- One of the documents specified in Article 100 of the Law on Land and Article 18 of the Government's Decree 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of provisions of the Law on Land in 2013 (hereinafter referred to as Decree 43/2014/ND-CP) for the cases of registration of land use rights

- One of the documents stipulated in Articles 31, 32, 33 and 34 of Decree 43/2014/ND-CP for cases of registration of ownership of property on land.

A diagram of houses or construction in case of the registration of ownership of houses or construction, (unless in the papers of ownership of houses or construction, there is a diagram in accordance with the current conditions of the houses, constructions);

- A report on the review results of the current conditions of use for the land for domestic organizations, religious institutions using the land before July 1, 2004 in the Form 08/DK issued together with the Circular 24/2014/TT-BTNMT;

- A voucher of financial obligations; papers relating to the exemption and reduction of financial obligations on land and property on land (if any);

- A contract or written agreement or decision of the People's Court on determining the limited right to enjoyment for the adjacent land plots must be presented, enclosed with diagrams showing the location, area size of the land plots that the users of the adjacent land plots are entitled to use in limit in case of registration of limited right to enjoyment for the adjacent land plots.

- Certificate of non-dispute land issued by the Commune People's Committee;

- Other documents such as: Household registration book, identity card, marriage registration certificate, etc.

Note: If the applicant submits a copy, they must bring the original document for verification.

3. Place for submission of application:

- The land registration office;

- Single-window deparment of the District People's Committee (if the district does not have a land registration office).

4. Processing time:

=> Registration of land, assets attached to land; issuance of certificates of land use rights and ownership of houses and land-attached assets shall not exceed 30 days.

5. Fees:

=> The fee shall be calculated as follows:

The fee for issuing certificates of land use rights and ownership of houses and land-attached assets for the first time = The fee calculation price for houses, land X The rate of pre-purchase fee.

Where:

- The fee calculation price for houses, land:

=> The fee calculation price for land is the land price in the Land Price List issued by the Provincial People's Committee according to the land laws at the time of pre-purchase fee declaration.

- The rate of pre-purchase fee (%)

=> The rate for houses and land is 0.5%.

Above are procedures for issuance of certificates of land use rights and ownership of houses and land-attached assets for the first time in Vietnam.

Best regards!