Application for first registration of land in Vietnam from August 1, 2024

Application for first registration of land in Vietnam from August 1, 2024 (Images from the Internet)

Application for first registration of land in Vietnam from August 1, 2024

When conducting the initial registration procedures for land and assets attached to the land in Vietnam, the current land user and the owner of the assets attached to the land must prepare a complete application as prescribed in Article 28 of Decree 101/2024/ND-CP. To be specific:

(1) For the current land user and owner of the assets attached to the land who are households, individuals, and community residents, the application includes:

- An application for land registration and assets attached to the land according to Form No. 04/DK issued together with Decree 101/2024/ND-CP;

- One of the types of documents specified in Article 137, Clause 1, Clause 5 of Article 148, Clause 1, Clause 5 of Article 149 of the Land Law 2024, housing map, construction diagram (if any).

In cases where the original parcel has documentation on land use rights as specified in Article 137 of the Land Law 2024 and where additional land area has been issued a Certificate, submit documents on land use rights transfer and the Certificate issued for the additional area;

- Documents on inheritance of land use rights according to civil law for cases where the inheritance of land use rights has not yet been issued a Certificate of land use rights, ownership of assets attached to the land according to land legislation;

- Documents on inheritance of land use rights according to civil law and documents on land use rights transfer for cases specified in Clause 4 of Article 45 of the Land Law 2024;

- Documents on illegal land allocation or documents on purchasing, liquidation, pricing, and distributing houses and constructions attached to the land as specified in Article 140 of the Land Law 2024;

- Documents related to administrative penalties in the field of land for cases of administrative violations in the field of land;

- Contracts or written agreements or decisions of the People's Court on establishing rights regarding adjacent parcels accompanied by a diagram showing the location and size of the adjacent parcel area to limit use rights for cases of registration of rights over adjacent parcels;

- Written determination of members co-owning the land use rights of the household using the land;

- Extracted cadastral map of the parcel (if any);

- Construction design application of the project assessed by specialized construction agencies or approval documentation of acceptance test results for the completion of the project's items and constructions according to construction law for the case of certifying ownership of constructions on agricultural land where the owner does not have one of the types of documents specified in Article 149 of the Land Law 2024 or constructions exempt from construction permits according to construction law;

- In the case specified at point a, Clause 6 of Article 25 of Decree 101/2024/ND-CP, submit the decision on administrative penalty in the land field, reflecting the remedy of land registration, along with the payment receipt of the land user;

- Receipts showing completed financial obligations, documents related to the exemption or reduction of financial obligations for land and assets attached to the land (if any);

- If transferring land use rights, house ownership rights, construction rights without following the legal procedure, submit transfer documents of land use rights, ownership of assets attached to the land with signatures of transferor and transferee;

- For households and individuals requesting a Certificate of land use rights, ownership of assets attached to the land for houses, constructions that require construction permits as specified in Clause 3 of Article 148, Clause 3 of Article 149 of the Land Law 2024, submit a confirmation document from the local functional construction management agency about the eligibility for the existence of houses, constructions (if any).

(2) For domestic organizations, religious organizations, sub-religious organizations, foreign organizations with diplomatic functions, economic organizations with foreign investment (hereinafter collectively referred to as organizations), and overseas Vietnamese receiving inheritance of land use rights as specified at point h, Clause 1 of Article 28 of the Land Law 2024, the application includes:

- An application for land registration and assets attached to the land according to Form No. 05/DK issued together with Decree 101/2024/ND-CP.

For overseas Vietnamese, submit an application for land registration and assets attached to the land according to Form No. 04/DK issued together with Decree 101/2024/ND-CP;

- One of the types of documents specified in Article 137, Clause 4, Clause 5 of Article 148, Clause 4, Clause 5 of Article 149 of Land Law 2024 (if any);

- Documents on inheritance of land use rights according to civil law for overseas Vietnamese;

- Diagram or extract from the cadastral map or an extract from the cadastral measurement map of the parcel (if any); an extract from the cadastral measurement map of the parcel (if any) for overseas Vietnamese;

- Report on the results of the review of the current land use status according to Form No. 05a/DK issued together with Decree 101/2024/ND-CP for domestic organizations, religious organizations, and sub-religious organizations using the land;

- Decision on location of military base or document on handover of house or land base or location of national defense and security works approved by competent authority for military units, police units, public service provider units under the People's Army, and People's Public Security; state-owned enterprises managed and used by the Ministry of National Defense, the Ministry of Public Security;

- Construction design applications of the project assessed by specialized construction agencies or approval document of acceptance test results for the completion of project’s items and constructions according to construction law for certifying construction ownership on agricultural land if the owner does not have one of the types of documents specified in Article 149 of the Land Law 2024 or constructions exempt from construction permits according to construction law;

- Financial obligation receipts, documents related to the exemption or reduction of financial obligations for land and assets attached to the land (if any).

(3) For allocated land management, submit the application as prescribed in Clause 1 of Article 35 Decree 101/2024/ND-CP.

(4) In case multiple people jointly use the land or own assets attached to the land and agree to issue a joint Certificate of land use rights and ownership of assets attached to the land, submit an additional agreement document besides the documents specified in (1) and (2).

(5) If the requester for registration specified in (1), (2), and (3) performs land registration and assets attached to the land through a legal representative according to civil law, a written representation according to civil law in Vietnam must be included.

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