Procedures for registration and issuance of Certificate of land use rights when donating land use rights in Vietnam from August 1, 2024

Procedures for registration and issuance of Certificate of land use rights when donating land use rights in Vietnam from August 1, 2024 (Image from the Internet)

Procedures for registration and issuance of Certificate of land use rights when donating land use rights in Vietnam from August 1, 2024

The procedure for registration and issuance of the Certificate of land use rights, ownership of property affixed to land in Vietnam for cases where the land use rights are donated to the state, community, or for road expansion from August 1, 2024, will be implemented according to the provisions of Article 40 Decree 101/2024/ND-CP. To be specific:

(1) In case the parcel has been issued a Certificate of land use rights, ownership of property affixed to land in Vietnam:

- The land user submits a document donating the land use rights or a meeting minute between the representatives of the hamlet, village, ensemble, neighborhood, residential point, with the land user on the gift of land use rights and the original Certificate of land use rights issued to the People's Committee at the commune level where the land is located.

In case there is a meeting minute between the People's Committee at the commune level and the land user on the gift of land use rights, the land user only needs to submit the original Certificate of land use rights issued to the People's Committee at the commune level where the land is located;

- The People's Committee at the commune level sends the document about the gift of land use rights along with the issued Certificate of land use rights to the Land Registration Office;

- The Land Registration Office conducts cadastral map measurements or extract cadastral map, confirms changes in the issued Certificate of land use rights or issues a new Certificate of land use rights for the area donated.

In case the land user gifts the entire area of the land issued with the Certificate of land use rights, the issued Certificate will be revoked for management;

- The Certificate of land use rights, ownership of property affixed to land is handed over or sent to the People's Committee at the commune level to be given to the recipient.

(2) In case the parcel has not been issued a Certificate of land use rights, ownership of property affixed to land in Vietnam:

- The land user submits a document donating the land use rights or a meeting minute between representatives of the hamlet, village, ensemble, neighborhood, residential point, with the land user on the gift of land use rights to the People's Committee at the commune level where the land is located.

In case there is a meeting minute between the People's Committee at the commune level and the land user on the gift of land use rights, the land user is not required to submit documents as prescribed;

- The People's Committee at the commune level sends the document about the gift of land use rights to the district-level land management agency;

- The district-level land management agency is responsible for organizing cadastral map measurements or extract cadastral map parcel management;

- For the remaining area of the parcel (if any), the land user, the owner of property affixed to land will carry out the land registration procedure, registration of property affixed to land according to the provisions of Articles 28, 31, and 32 Decree 101/2024/ND-CP. If the land user requests the issuance of a Certificate of land use rights, ownership of property affixed to land, the procedure will follow the provisions of Article 36 Decree 101/2024/ND-CP.

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