Cases requiring registrations of changes in Vietnam under the Land Law 2024

Cases requiring registrations of changes in Vietnam under the Land Law 2024 (Internet image) 

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Cases requiring registrations of changes in Vietnam under the Land Law 2024

According to Article 133 of the Land Law 2024 (effective from January 1, 2025), the registrations of changes in Vietnam are regulated as follows:

- A registration of change(s) is required in the case where a certificate of LURs, certificate of home ownership and LURs of homestead land, certificate of home ownership, certificate of ownership of construction works, certificate of LURs, ownership of housing and other property affixed to land or certificate of title has been granted but there is a change as follows:

(1) The land user or owner of property affixed to land exercises rights to exchange, convey, inherit or donate rights to use land or property affixed to land; contribute rights to use land or property affixed to land as capital; lease out, sublease rights to use land in an infrastructure construction and business project; convey a land-based project;

(2) The land user or owner of property affixed to land is permitted to rename;

(3) Changes in information about the land user or owner of property affixed to land on the granted certificate do not fall under the cases prescribed in (2);

(4) Boundaries, landmarks, side dimensions, area, number and address of the land parcel are changed;

(5) Land user applies for registration of ownership of property affixed to the land parcel in case a certificate of home ownership and LURs of homestead land, certificate of LURs, ownership of housing and other property affixed to land or certificate of title has been granted; applies for registration of change(s) of property affixed to land in comparison with the registered contents;

(6) Land user repurposes land as prescribed in clause 1 Article 121 of the Land Law 2024; in the case prescribed in clause 3 Article 121 of the Land Law 2024, the land user wishes to apply for registration of change;

(7) Land use term is changed;

(8) Method of land allocation, land lease, land levy payment or land rent payment is changed according to the Land Law 2024;

(9) There is a change of LURs or ownership of property affixed to land due to full division, partial division, consolidation, merger or conversion of organizational model or agreement of household members or of the wife and husband or of the group of common land users or the group of owners of common property affixed to land;

(10) There is a change of LURs or ownership of property affixed to land according to the successful mediation result of a land dispute that is recognized by the competent People’s Committee; the debt settlement clause in a mortgage agreement; a decision of a regulatory agency competent to solve land disputes or land-related complaints or denunciations; a Court’s judgment or decision, or a judgement enforcement decision of a judgment enforcement agency that has been enforced; a decision or ruling of an arbitral tribunal on resolving disputes between parties arising from commercial activities relating to land; a written approval for the LUR auction result in accordance with the law;

(11) Rights over an adjacent parcel are established, changed or abolished;

(12) Limitations on rights of the land user are changed;

(13) There is a change of rights to use land for construction of above-ground works serving the operation, exploitation and use of underground works, rights to ownership of underground works;

(14) The land user or owner of property affixed to land applies for renewal or reissuance of a certificate of LURs, certificate of home ownership and LURs of homestead land, certificate of home ownership, certificate of ownership of construction works, certificate of LURs, ownership of housing and other property affixed to land or certificate of title;

(15) The land user or owner of property affixed to land exercises rights to mortgage rights to use land or property affixed to land;

(16) The land user sells property or conveys LURs of land that is a public property according to laws on management and use of public property.

- For registration of any of the changes prescribed above, a competent authority shall certify the change on the granted certificate, or grant a new certificate of title when the land user or owner of property affixed to land has a need.

For registration of the change specified in (15), a competent authority shall certify the change on the granted certificate.

- For registration of any of the changes specified in (1), (2), (9), (10), (11), (12) and (16), within 30 days from the date of change, the land user must apply for a registration of the change at a competent authority; In case of judgment enforcement, the land-related change registration time limit shall be calculated from the date of handover of property serving judgment enforcement or put up for auction;

In case of inheritance of LURs, the land-related change registration time limit shall be calculated from the date of completion of division of LURs as inheritance according to civil laws or from the effective date of the court’s judgment or decision.

Nguyen Ngoc Que Anh

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