Procedures for land registration in case of conveyance of real estate projects in Vietnam under Decision 2124

Procedures for land registration in case of conveyance of real estate projects in Vietnam under Decision 2124 (Image from the internet)

On August 1, 2024, the Ministry of Natural Resources and Environment of Vietnam issued the Decision 2124/QD-BTNMT which announces administrative procedures in the field of land under the state management in Vietnam.

Procedures for land registration in case of conveyance of real estate projects in Vietnam under Decision 2124

(1) Execution Process

* The registration requestor submits one dossier set to the Single-window Division as prescribed by the People's Committee of the provincial level or Land Registration Office or its Branch, or at the location agreed upon between the requestor and the Land Registration Office or its Branch in Vietnam.

* The dossier-receiving agency is responsible for:

- Checking the completeness of the dossier components, the consistency of the informational content across documents, the fullness of the declarative content, and issuing a Dossier Receipt and Result Return Appointment Certificate according to the form prescribed by the Government's decree regulating the Single-window-shop and interlinked mechanism in resolving administrative procedures.

If the dossier is incomplete or does not ensure information consistency across documents or the declarative information is insufficient as prescribed, the agency will not accept the dossier and will return it to the registration requestor.

- If the dossier-receiving agency is the Single-window Division as prescribed by the People's Committee of the provincial level for receiving dossiers and returning the results of resolving administrative procedures at the provincial, district, and communal levels, the dossier will be transferred to the Land Registration Office.

* The Land Registration Office performs the following tasks:

- In the case where the project transferee is not an economic organization with foreign investment and the land for implementing the project has been issued a Certificate, the Land Registration Office carries out the following tasks:

+ Checking the conditions for the exercise of rights as prescribed by the Land Law 2024 concerning the exercise of land user rights, and the rights of the land-attached asset owner; if the conditions for exercising these rights are not met as per the Land Law 2024, the Land Registration Office shall notify reasons and return the dossier to the registration requestor;

+ When resolving land fluctuation registration procedures, if the parcel has been issued a Certificate based on cadastral maps or cadastral excerpt maps, the Land Registration Office does not need to re-measure or redefine the parcel's area, except in cases where the land user or land-attached asset owner requests.

In case of land fluctuation registration where the issued Certificate has not used cadastral maps or cadastral excerpt maps, the land user requests a new Certificate of land use rights and land-attached asset ownership or cases that require a new Certificate, the Land Registration Office shall perform a cadastral map excerpt or measure the parcel where there are no cadastral maps or only torn, damaged paper-based cadastral maps that cannot be restored or digitized as prescribed at Point b, Clause 2, Article 4 of Decree 101/2024/ND-CP to reflect the diagram of the parcel on the Certificate of land use rights and land-attached asset ownership.

The land user recognized based on the cadastral map excerpt or measure results must pay surveying fees as prescribed; if the re-measuring shows an increased parcel area over the issued Certificate without changes in parcel boundaries at the time of Certificate issuance, the user must fulfill financial obligations related to the additional homestead land area beyond the homestead land limit, land rent for the additional area as per regulatory provisions at the previous issuance time;

+ If the parcel area decreases due to natural erosion, the Land Registration Office shall re-measure and redefine the parcel area funded by the State;

+ Sending an Information Transfer Note to determine land financial obligations as per Form No. 12/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System to the tax authority for determination and notification of financial obligations from the law.

+ Correcting and updating fluctuations in the cadastral records, land database; issuing new Certificates, or certifying changes on the issued Certificate for cases exempt from financial obligations; issuing or forwarding the Certificate to the dossier-receiving agency for delivery to the registered person.

For cases where financial obligations must be fulfilled, the Land Registration Office performs the tasks stated herein upon receiving the tax authority’s notice of completed financial obligations.

- In the case where the project transferee is not an economic organization with foreign investment and the land for project implementation has not been issued a Certificate, the following procedures are executed:

+ Sending an Information Transfer Note to determine financial obligations related to land as per Form No. 12/DK issued in Decree 101/2024/ND-CP regulating basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System to the tax authority for determination and notification of financial obligations;

+ After receiving the tax authority’s notification of completed financial obligations, the Land Registration Office finalizes the dossier, submits it to the provincial land management authority;

+ The provincial land management authority submits it to the People's Committee of the provincial level for signing the Certificate of land use rights, property rights attached to the land or for signing the Certificate in authorization cases and returning the dossier to the Land Registration Office;

+ The Land Registration Office issues the Certificate or forwards it to the dossier-receiving agency for delivery to the registered person; updating and correcting cadastral records and the land database.

- If the project transferee is an economic organization with foreign investment, land registration will follow the land allocation or lease procedures according to the decree detailing the implementation of some provisions of the Land Law 2024.

(2) Method of Execution

- Direct submission at the dossier-receiving agency;- Submission via postal services;- Submission at the agreed location between the registration requestor and the Land Registration Office or its Branch;- Online submission through the National Public Service Portal or provincial Public Service Portal.

(3) Dossier Components and Quantity

* Dossier Components

- Land registration application, property attached to the land according to Form No. 05/DK or Land fluctuation registration application, property attached to the land according to Form No. 11/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System, in case the project land area has been issued a Certificate;

- The Certificate issued for the project transferor; if there are changes in financial obligations, proof of completed financial obligations must be submitted (unless otherwise exempted or deferred by law).

In cases where the land use rights for project implementation have not been issued a Certificate, proof of completed financial obligations of both the transferor and transferee, land allocation decision, land lease decision, and land use purpose change permission decision for project implementation must be submitted;

- Document allowing project or project part transfer from the competent authority;

- Project or project part transfer contract as prescribed by law;

- Parcel separation or merging drawing according to Form No. 02/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land and the Land Information System, in case of partial project transfer where land use rights for project implementation have been issued a Certificate;

e) Cadastral map excerpt for partial project transfer in case land use rights for project implementation have not been issued a Certificate duly signed by the Land Registration Office as prescribed at Point a, Clause 5, Article 9 of Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System.

* Quantity: 01 set.

(4) Time to Resolve

As prescribed by the People's Committee at the provincial level but not exceeding 10 working days from the date of receiving a fully and consistently compliant dossier.

Resolution time excludes the time for competent authorities to determine land financial obligations, the time users take to fulfill financial obligations, time for handling land use violations, inspection, public posting, media announcements, inheritance procedures for land use rights and attached property before Certificate issuance due to the previous death of the right holder.

For mountainous, island, remote, and socio-economically difficult areas, resolution time is extended by 10 working days.

For localities where the People's Committee at the provincial level has established dossier reception, circulation, resolution, and result return procedures based on time demand, the resolution time follows the agreement between the requester and the Land Registration Office but does not exceed the prescribed time by the People's Committee at the provincial level.

(5) Subjects Performing Administrative Procedures

Land users according to Article 4 of the Land Law 2024, excluding cases where the project transferee is an economic organization with foreign investment.

(6) Agencies Implementing Administrative Procedures

Authority decisions:

- People's Committee at the provincial level for cases where the transferee is not an economic organization with foreign investment and the land for project implementation has not been issued a Certificate.

- Land Registration Office for cases where the transferee is not an economic organization with foreign investment and the land for project implementation has been issued a Certificate.

Authorized or delegated agencies/personnel (if any): Provincial land management authority.

Direct implementing agency: Land Registration Office, its Branch.

Cooperating agency (if applicable): Tax agency.

(7) Result of Performing Administrative Procedures

- Recorded in cadastral records; updated in the land database and compiled for state management.

- Certificate issuance.

(8) Fees, Charges (if any):

As prescribed by the Law on fees and charges and related legal documents guiding the Law on fees and charges.

(9) Application Forms and Declarations

- Land registration application, property attached to the land according to Form No. 05/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System;

- Land fluctuation registration application, property attached to the land according to Form No. 11/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System;

- Parcel separation or merging drawing according to Form No. 02/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System;

- Information transfer note to determine financial obligations related to land according to Form No. 12/DK issued in Decree 101/2024/ND-CP on basic land surveys; registration, issuance of land use rights certificates, property rights attached to the land, and the Land Information System.

(10) Conditions, Requirements for Performing Administrative Procedures (if any)

No conditions, requirements for performing administrative procedures.

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