What is the time limit for procedures of registering land use changes, assets attached to land, and issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land in Vietnam?
What is the time limit for procedures of registering land use changes, assets attached to land, and issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land in Vietnam?
Pursuant to Article 22 of Decree 101/2024/ND-CP, the duration for implementing procedures for land registration, property attached to land registration, issuance of certificates of land use rights, and ownership of property attached to land:
Article 22. Time limit for procedures of registering land use changes, assets attached to land, and issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land in Vietnam
- Initial land registration and registration of property attached to land shall not exceed 20 working days; initial issuance of a certificate of land use rights and ownership of property attached to land shall not exceed 03 working days.
- For registration of land, property attached to land mutations, and issuance of certificates of land use rights and ownership of property attached to land, the processing time is as follows:
a) In cases of changing agricultural land use rights without consolidating or exchanging land parcels, or in cases of transferring, inheriting, donating land use rights and ownership of property attached to land, or contributing capital with land use rights and ownership of property attached to land, the processing period shall not exceed 10 working days;
b) In cases of selling or contributing capital with property attached to land for which the state leases land and collects annual land rent, the period shall not exceed 10 working days, excluding the time for land pricing determination and land lease contract signing;
c) For leasing or sub-leasing land use rights in infrastructure construction and business projects, the period shall not exceed 05 working days;
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As such, the duration for implementing procedures for the registration of land, property attached to land mutation, and issuance of certificates of land use rights and ownership of property attached to land is as follows:
| Case | Time Limit Not Exceeding |
|---|---|
| Changing agricultural land use rights without consolidating or exchanging land parcels | 10 working days |
| Transferring, inheriting, donating, contributing capital with land use rights, ownership of property attached to land | 10 working days |
| Selling/contributing capital with property attached to land for which the state leases land and collects annual land rent | ≤ 10 working days, excluding time for land price determination, land lease contract signing |
| Leasing, sub-leasing land use rights in infrastructure construction and business projects | ≤ 05 working days |
| Cancellation of registration for leasing, sub-leasing land use rights in infrastructure construction and business projects | ≤ 03 working days |
| Changing name/modifying information regarding land users, owners of property attached to land | ≤ 05 working days |
| Reducing parcel area due to natural erosion | ≤ 10 working days |
| Households, individuals establishing private businesses and using land for business activities of the enterprise | ≤ 10 working days, excluding time for land price determination, land lease contract signing |
| Registering ownership of property attached to a parcel for which the Red Book has already been issued | ≤ 10 working days |
| Registering ownership of property attached to a parcel that has been certified for ownership on an already issued Red Book, and registering property change | ≤ 07 working days |
| Changing land use rights, ownership of property attached to land due to division, partition, consolidation, merger, conversion of organizational model/agreements among family members/spouses/joint land users' group, joint property owners attached to land | ≤ 08 working days |
| Acquiring land use rights, ownership of property attached to land as a result of a successful mediation of land disputes, complaints, or denunciations about land | ≤ 08 working days |
|
- Changes that limit land use rights or ownership rights to property attached to land - Changes in rights regarding adjacent parcels |
≤ 07 working days |
| Acquiring land use rights, ownership of property attached to land through handling of collateral assets | ≤ 08 working days |
| Changes in land use rights for constructing above-ground works serving the operation, exploitation, and use of underground works, ownership rights to underground works | ≤ 15 working days |
| Selling assets, transferring, transferring land use rights as public assets | ≤ 10 working days |
| Removing debt record of land levy, registration fee | Within the working day |
| Removing debt record of land levy, registration fee but receiving sufficient dossiers after 3 PM on the same day | Next working day |
| Issuing a Red Book according to detailed construction planning or adjustments in detailed construction planning | ≤ 05 working days |
| Registering mutation for changing land use purpose | ≤ 10 working days |
For mountainous, island, remote, distant areas, and regions with difficult or particularly difficult socio-economic conditions, the duration for each type of procedure is extended by an additional 10 working days.
What information are required for initial land registration and property attached to land in Vietnam?
Pursuant to Article 18 of Decree 101/2024/ND-CP, the initial registration of land and property attached to land includes the following contents:
- Information about the land user, owner of property attached to the land, or the person assigned land for management, including name, identity documents, legal entity, address of the land user, owner of property attached to the land, or the person assigned land for management
- Information about the parcel including parcel number, map sheet number, address, area, type of land, form of land use, origin of land use, and other information about the parcel
- Information about property attached to the land including type of property, address, construction area, floor area, usage area, ownership form, duration of ownership, and other information about the property attached to the land
- Requirements for registering land use rights, property attached to the land, or land management rights or for issuing a certificate of land use rights, ownership of property attached to land regarding the parcel, property attached to the land
- Other requirements of the land user, owner of property attached to the land, or person assigned land for management conforming to the land law regulations (if any).
What is the time limit for procedures of registering land use changes, assets attached to land, and issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land in Vietnam? (Image from the Internet)
Who has obligations to declare for land registration in Vietnam?
Pursuant to Article 31 of the Land Law 2024 on the common obligations of land users:
Article 31. Common Obligations of Land Users
- Use land for the right purposes, within the boundaries of the parcel, in conformity with the use of subsurface depth and aerial height, protect public infrastructure in the subsurface, and comply with other relevant legal provisions.
- Declare for land registration; perform all required procedures when altering, transferring, leasing, re-leasing, inheriting, donating land use rights, mortgaging, or contributing capital by land use rights as per the legal regulations.
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According to the above regulations, land users are obliged to declare for land registration with competent authorities.
