Procedures for renewal of Certificate of land use rights and ownership of property affixed to the land in Vietnam

Procedures for renewal of Certificate of land use rights and ownership of property affixed to the land in Vietnam (Image from Internet)

Procedures for renewal of Certificate of land use rights and ownership of property affixed to the land in Vietnam

Procedures for renewal of Certificate of land use rights in Vietnam as announced in Decision 2124/QD-BTNMT dated August 1, 2024, are detailed as follows:

* Steps for Renewal of Land Use Right Certificate:

(1) Land users or property owners associated with land shall submit the Application to the One-stop Department as regulated by the provincial People's Committee or Land Registration Office or its Branch.

(2) The receiving agency is responsible for:

- Checking the completeness of the application components, the consistency of information across documents, and issuing a receipt note and appointment for result release according to the template specified in Decree 61/2018/ND-CP. In case the file does not fall under the receiving agency's jurisdiction, lacks components, or contains inconsistent information across documents, or incomplete declarations, the application shall be returned to the requester.

- If the One-stop Department receives the application, it shall forward it to the Land Registration Office or its Branch.

(3) The Land Registration Office or its Branch performs the following tasks:

- Extracting and using marital status information from the National Population Database for cases where the land use rights and assets associated with the land are jointly owned by both spouses, and the issued certificate only shows the names of either the husband or the wife, now requiring renewal to include both names.

If marital status information is inaccessible, the land user or property owner must submit a copy of the marriage certificate or other related documents.

In the case of changing addresses of the parcel as specified in point h clause 1 Article 38 of Decree 101/2024/ND-CP, the processing agency shall use the information from competent state agency documents about the changes to address the procedure;

- If the position of the parcel on the issued certificate is not accurate compared to the actual land use at the time of certificate issuance, field checks and comparisons with registration files are conducted to verify the parcel’s position;

- If the issued certificate hasn’t used cadastral maps or extracts from cadastral maps of the parcel, it performs the following:

+ When handling the land use change registration procedure where the parcel has been issued a certificate based on cadastral maps or cadastral map extracts, re-measurement, and area re-determination are not required unless the land user or property owner requests it.

+ If the registration procedure for land use change involves areas where the issued certificate has not used cadastral maps or extracts and there is a need for a new certificate, the Land Registration Office shall make extracts from the cadastral map or take measurements for parcels without cadastral maps or with damaged cadastral maps, in accordance with point b clause 2 Article 4 of Decree 101/2024/ND-CP to illustrate the parcel's diagram on the land use certificate.

+ The land user shall bear the measurement costs and comply with financial obligations for any increased homestead land area beyond the legal limits and payland for homestead land rental for the increased area as per the legal regulations at the time of previous certificate issuance;

- Sending an Information Transfer Form for financial obligation determination concerning land under Form No. 12/DK issued with Decree 101/2024/ND-CP to the tax authority to determine and notify the financial obligations if required;

- Updating changes into the cadastral files, land database; issuing the certificate; handing the certificate to the requester or sending it to the document reception agency to hand over to the eligible person.

If the land use right certificate issue is due to cadastral map measurement and the mortgagee holds the certificate, the Land Registration Office notifies the mortgagee of the cases in which land use rights, property ownership, or land certificates are processed. The certificate handover is simultaneously completed by the Land Registration Office, its Branch, the land user, the property owner, and the mortgagee; the land user or property owner signs and receives the new certificate from the Land Registration Office to deliver to the mortgagee, who submits the old certificate to the Land Registration Office for management.

(4) If during the procedure, the land user or property owner discontinues, those with legal rights and obligations may submit documents to proceed.

If the subsequent handler cannot be determined or isn't eligible for the certificate, the Land Registration Office is responsible for updating this into the land register.

Incomplete applications or those with inconsistent information will be returned to the requester.

(2) Methods of Submission:

- Direct submission to the receiving agency;

- Submission via postal service;

- Submission at agreed locations between the requester and the Land Registration Office;

- Online submission through the National Public Service Portal or the provincial/municipal Public Service Portal.

(3) Composition of Dossier for Certificate Renewal:

- Land use change registration application as per Form No. 11/DK issued with Decree 101/2024/ND-CP and the issued certificate.

For cases as specified in point g clause 1 Article 38 of Decree 101/2024/ND-CP, the registration change application must include information about members sharing land use rights.

+ Cadastral map extract of the parcel if the cadastral map measurement changes the dimensions, area, or parcel number due to measuring or creating cadastral maps where parcel boundaries remain unchanged.

(4) Processing Time:

As regulated by the provincial People's Committee but not exceeding the following durations:

- Cases under points a, b, c, d, dd, e, g, and h clause 1 Article 38 of Decree 101/2024/ND-CP shall not exceed 5 working days;

- Cases under point i clause 1 Article 38 of Decree 101/2024/ND-CP shall not exceed 10 working days, except the following;

- For simultaneous renewals for multiple land users due to cadastral map measurement, the project execution time approved by competent authority applies.

For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, or extremely difficult socio-economic conditions, the processing time is extended by 10 working days.

For localities where the provincial People's Committee has issued regulations on receiving, transferring documents, and resolving procedures according to time demand, processing time is as agreed between the requester and the Land Registration Office but not exceeding the time regulated by the provincial People's Committee.

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