Regulations on reissuing land use right certificates in Vietnam from August 01, 2024

Regulations on reissuing land use right certificates in Vietnam from August 01, 2024 (Image from the internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating basic land investigation; registration, and issuance of Certificates of land use rights, ownership of assets attached to land, and the Land Information System.

Regulations on reissuing land use right certificates from August 1, 2024

Article 38 of Decree 101/2024/ND-CP details the regulations on reissuing land use right certificates in Vietnam as follows:

(1) Cases for reissuing issued land use right certificates

- Users who request to change Certificates issued before August 1, 2024, to Certificates of land use rights and ownership of assets attached to land;

- Issued Certificates that are dirty, blurred, torn, or damaged;

- Issued Certificates for multiple parcels to be reissued for individual parcels based on the land user's request and cases of reissuing Certificates as stipulated in Clause 7, Article 46 of Decree 101/2024/ND-CP;

- Purpose of land use on the issued Certificate is different from the land use purposes as classified under Article 9 of the Land Law 2024 and as detailed in the Government’s Decree on implementing some articles of the Land Law 2024;

- Position of the parcel on the issued Certificate is inaccurate compared to the actual land use position at the time of issuing the Certificate;

- Land use rights and ownership of assets attached to the land are shared properties of both husband and wife, but the issued Certificate only records the name of one. There is now a request for reissuing to include both names of the husband and wife;

- Issued Certificates record family names, and now the members sharing the land use rights request to reissue the Certificate to include the full names of all family members;

- Change of address of the parcel listed on the issued Certificate;

- Change in the dimensions, area, or parcel number due to new boundary maps or measurements, provided the parcel’s boundaries remain unchanged.

(2) Documents required to submit for the reissuing procedure

Documents required for the reissuing procedure of issued Certificates include:

- Land use change registration application, attached with Sample Form No. 11/DK issued with Decree 101/2024/ND-CP and the issued Certificate.

For cases as stipulated in Point g Clause 1 Article 38 of Decree 101/2024/ND-CP, the registration application must include information about members sharing the family's land use rights;

- Topographic map of the parcel for cases requiring mapping updates as per Point i Clause 1 Article 38 of Decree 101/2024/ND-CP.

(3) Procedures for reissuing issued land use right certificates

Steps and procedures for reissuing issued Certificates are as follows:

- The land user or asset owner attached to the land submits the required documents as stated in clause (2) to the receiving authority, as regulated in Clause 1, Article 21 of Decree 101/2024/ND-CP;

The receiving authority provides a receipt and schedules the result delivery for the land user or asset owner.

If the receiving authority is as stipulated in Point a Clause 1 Article 21 of Decree 101/2024/ND-CP, the documents will be transferred to the Land Registration Office.

(4) Land Registration Office duties

Utilize and extract information on marital status from the National Population Database for cases as stipulated in Point e Clause 1 Article 38 of Decree 101/2024/ND-CP.

If marital status information can't be extracted, the land user or asset owner must submit a copy of the marriage certificate or other marital status documents.

For changing the parcel’s address as listed on the issued Certificate (Point h Clause 1 Article 38 of Decree 101/2024/ND-CP), the processing authority will use information from the government’s authoritative document to resolve the procedure;

- For cases as stipulated in Point d Clause 1 Article 38 of Decree 101/2024/ND-CP, there will be an on-site check and a comparison with the registry records to verify the exact location of the parcel;

- If the issued Certificate doesn't utilize specific or parcel measurement maps, follow the regulations in Point b Clause 3 Article 37 of Decree 101/2024/ND-CP;

- Send an Information Transfer Form to determine financial obligations related to land use according to Sample Form No. 12/DK issued with Decree 101/2024/ND-CP to the tax authority to assess and notify of financial obligations if applicable;

- Adjust and update changes in cadastral records and the land database; issue Certificates of land use rights, ownership of assets attached to land; provide the new Certificate to the land user or asset owner or send it to the document receiving authority for delivery.

If reissuing a Certificate due to new cadastral mapping while the mortgaging party holds the Certificate, the Land Registration Office will notify the list of reissuance cases to the mortgaging party; note the mortgage registration on the newly issued Certificate. The delivery of the new Certificate will be a joint process among the Land Registration Office, the land user or asset owner, and the mortgaging party; the land user or asset owner signs and receives the new Certificate from the Land Registration Office to hand over to the mortgaging party; the mortgaging party must submit the old mortgaged Certificate to the Land Registration Office for management.

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