Cases of replacement of Certificate of land use rights and ownership of property affixed to the land from August 1, 2024

Cases of replacement of Certificate of land use rights and ownership of property affixed to the land from August 1, 2024 (Image from the Internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating fundamental land investigation; registration, issuance of Certificates of Land Use Rights, ownership of assets attached to land, and the Land Information System.

Cases of replacement of Certificate of land use rights and ownership of property affixed to the land from August 1, 2024

Clause 1, Article 38 of Decree 101/2024/ND-CP specifies the cases for replacing Certificates:

- Land users who wish to convert Certificates issued before August 1, 2024, to Certificates of Land Use Rights, ownership of assets attached to land;

- Issued Certificates that are faded, blurred, torn, or damaged;

- Issued Certificates that were generalized for multiple parcels but are now being issued separately for each parcel based on the land user's needs and cases stipulated in Clause 7, Article 46 of Decree 101/2024/ND-CP;

- The land use purpose recorded on the issued Certificate, pursuant to the land law at the time of issuance, differs from the land use purpose as classified in Article 9 of the Land Law 2024 and the Government’s detailed regulations for implementation of certain provisions of the Land Law 2024;

- The parcel’s position on the issued Certificate does not accurately correspond to the actual land use position at the time of Certificate issuance;

- The rights of use and ownership of assets attached to land are jointly owned by the husband and wife, but the issued Certificate only bears the name of the husband or wife. If a request is made for a new Certificate to record both the husband’s and wife’s names;

- The issued Certificate bears the name of a household, but the household members with shared land use rights now request a new Certificate to bear the full names of all members with shared land use rights of the household;

- Change in the address of the parcel that has been issued a Certificate;

- Changes in the dimensions of the boundaries, area, and identification of the parcel due to cadastral mapping and parcel boundary re-measurement where parcel boundaries remain unchanged.

Guidelines for replacement of Certificate of land use rights and ownership of property affixed to the land in Vietnam from August 1, 2024

Clause 2, 3, and 4, Article 38 of Decree 101/2024/ND-CP provide guidelines for replacing Certificate of land use rights and ownership of property affixed to the land in Vietnam from August 1, 2024, as follows:

* Documents required for the procedure to replace Certificates:

- Application for land and property rights changes using Form 11/DK issued with Decree 101/2024/ND-CP and the previously issued Certificate.

In the case stipulated in point g, Clause 1, Article 38 of Decree 101/2024/ND-CP, the Application must reflect the information of family members with joint land use rights of the household;

- Cadastral map extraction of the parcel for cases of parcel boundary re-measurement specified in point i, Clause 1, Article 38 of Decree 101/2024/ND-CP.

* Procedure for replacement of Certificates:

- Land users and owners of assets attached to land submit the documents specified in Clause 2, Article 38 of Decree 101/2024/ND-CP to the document reception agency defined in Clause 1, Article 21 of Decree 101/2024/ND-CP;

- The document reception agency will issue a receipt of documents and an appointment for returning results to the land user or owner of assets attached to land.

In the case where the document reception agency is specified in point a, Clause 1, Article 21 of Decree 101/2024/ND-CP, the documents will be transferred to the Land Registration Office.

* The Land Registration Office will:

- Exploit and use information about marital status from the national demographic database for cases specified in point e, Clause 1, Article 38 of Decree 101/2024/ND-CP.

If information on marital status cannot be accessed, the land users or owners of assets attached to land are required to submit a copy of the marriage certificate or other documents regarding marital status.

In cases of changing the parcel's address as specified in point h, Clause 1, Article 38 of Decree 101/2024/ND-CP, the procedure-resolving agency will use information from official documents issued by relevant state agencies regarding the address change;

- For cases specified in point d, Clause 1, Article 38 of Decree 101/2024/ND-CP, the actual position of the parcel will be field-checked and compared against the registration dossier to determine the correct parcel position;

- For Certificates that were issued without using cadastral maps or parcel boundary extracts, the protocol will follow regulations specified in point b, Clause 3, Article 37 of Decree 101/2024/ND-CP;

- Issue an Information Conveyance Form for determining financial obligations regarding land using Form 12/DK issued with Decree 101/2024/ND-CP to the tax agency for determining and notifying financial obligations where financial obligations must be performed;

- Regularize and update changes into cadastral records and the land database; issue Certificates of Land Use Rights, ownership of assets attached to land; hand over Certificates of Land Use Rights, ownership of assets attached to land or send them to the document reception agency for delivery to the recipient.

In cases of replacing Certificates due to cadastral mapping where the mortgagee holds the issued Certificate, the Land Registration Office will notify the mortgagee of the list of cases undergoing the procedure for issuing Certificates of Land Use Rights, ownership of assets attached to land; acknowledge the mortgage registration in the new Certificate. The handover of the new Certificate will be conducted simultaneously among the Land Registration Office, the land user's owner of assets attached to land, and the mortgagee; the land user, the owner of the assets attached to land will sign and receive the new Certificate from the Land Registration Office to hand it to the mortgagee; the mortgagee must submit the old Certificate being mortgaged to the Land Registration Office for management.

More details can be found in Decree 101/2024/ND-CP which comes into force in Vietnam from August 1, 2024.

To Quoc Trinh

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