Which cases need to register land changes in Vietnam?

What is registration of changes of land in Vietnam?

According to Article 95 of the Land Law 2013, which regulates registration of land, houses and other land-attached assets is as follows:

Registration of land, houses and other land-attached assets

1. Land registration is compulsory for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner.

2. Registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.

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Therefore, land registration includes two types: first registration and change registration.

According to Article 3 of Circular 24/2014/TT-BTNMT, which regulates registration of changes of land, the following terms are explained as follows:

Interpretation of terms 

In this Circular, the following terms shall be interpreted as follows:

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2. Registration of land and property on land for the first time (hereinafter referred to as first-time registration) is the implementation of procedures at the first time to record the legal status of land use rights, ownership of houses and other property on land and land management rights for a land plot in the cadastral dossier.

3. Registration of changes of land, property on land (hereinafter referred to as the change registration) means implementing procedures for record the change in one bit or some bit of the registered information in the cadastral dossiers as prescribed in law.

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Therefore, registration of land changes is the procedure for land users to carry out procedures to have the competent authority record changes in one bit or some bit of the registered information in the cadastral dossiers.

Which cases need to register land changes in Vietnam? (Image from the Internet)

Which cases need to register land changes in Vietnam?

According to Clause 4, Article 95 of the Land Law 2013, which regulates change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

[1] The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;

[2] The land user or the owner of land-attached assets is allowed to change his/her name;

[3] There is a change in the shape, dimension, area, number and address of the land parcel;

[4] There is a change in land-attached assets compared with the registered contents;

[5] There is a change of land use purpose;

[6] There is a change of land use term;

[7] There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;

[8] Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;

[9] The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;

[10] There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law;

[11] The limited use rights to the adjacent land parcel are established, changed or terminated;

[12] There is a change in the limitations on the rights of land users.

Does a person have to register land changes when transferring ownership of a house from private property to common property?

According to Clause 4, Article 95 of the Land Law 2013 regulating the registration of land, houses and other land-attached assets as follows:

Registration of land, houses and other land-attached assets

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4. Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

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g/ There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;

h/ Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;

i/ The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;

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Therefore, for the transfer of ownership of a house from private property to common property in cases where the Certificate has been issued or registered with changes, land changes must be registered according to the law in Vietnam.

Best Regards!