Procedures for first registration of land for land-using households and individuals in Vietnam from August 1, 2024

Procedures for first registration of land for land-using households and individuals in Vietnam from August 1, 2024 (Image from the Internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating land basic surveys; registration, issuance of certificates of land use rights and ownership of property affixed to the land, and the land information system.

Procedures for first registration of land for land-using households and individuals in Vietnam from August 1, 2024

Article 31 Decree 101/2024/ND-CP stipulates the procedures for first registration of land for land-using households and individuals in Vietnam from August 1, 2024, as follows:

(1) Land users and owners of assets attached to the land shall submit one set of documents as prescribed in Clause 1, Article 28 Decree 101/2024/ND-CP to the document reception agency as prescribed in Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP.

(2) The document reception agency shall issue a Document Receipt Certificate and schedule the result delivery for the document submitter and forward the documents to the resolution agency stipulated in Section (3).

(3) The commune-level People's Committee shall perform tasks as prescribed in Article 33 of Decree 101/2024/ND-CP.

(4) The district-level land management agency shall perform the following tasks:

- Extract cadastral map sheets where cadastral maps are available;

- Where cadastral maps are not available and the registration document/package includes snippets of cadastral measured maps, request the Land Registration Office Branch to verify, approve the cadastral measured map snippets following Point b, Clause 5, Article 9 of Decree 101/2024/ND-CP.

If the registration, issuance document/package does not include cadastral measured map snippets, request the Land Registration Office Branch to execute cadastral measurement mapping.

The Land Registration Office Branch is responsible for verifying, approving cadastral measured map snippets or executing the cadastral measurement mapping within no more than 05 working days from the receipt of the request from the district-level land management agency. The land users shall bear the costs as regulated;

- In case land users and owners of property affixed to the land require housing, construction work ownership certification without the documents prescribed in Point o, Clause 1, Article 28 of Decree 101/2024/ND-CP, it is necessary to send a written request to the district-level construction management agency for opinions about the eligibility of the existence of the housing and construction works.

Within no more than 03 working days, the district-level construction management agency shall provide written responses to the district-level land management agency;

- Verify the eligibility or ineligibility for the issuance of a Certificate of land use rights and ownership of property affixed to the land as stipulated by land law for cases where land users and owners of property affixed to the land require certificates;

- Submit a Notification of Land Registration Result Confirmation according to Form No. 03/DK issued with Decree 101/2024/ND-CP to the documentation reception location to be delivered to the registration requester in cases where there is no need for a Certificate of land use rights and ownership of property affixed to the land, or ineligible for a Certificate of land use rights and ownership of property affixed to the land. Submit the documents to the Land Registration Office to update land registration information and property affixed to the land into the cadastral records and land database;

- In cases where there is a need and eligibility for the Certificate of land use rights and ownership of property affixed to the land, send an Information Transfer Slip to determine land-related financial obligations according to Form No. 12/DK issued with Decree 101/2024/ND-CP to the tax agency for calculating and notifying the financial obligations to the land users and asset owners attached to the land. Submit the documents to the Land Registration Office to update land registration information and property affixed to the land into the cadastral records and land database.

For more details, please refer to Decree 101/2024/ND-CP which comes into force in Vietnam from August 1, 2024.

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