Regulations on the time for implementation of procedures for land registration and issuance of land use right certificates in Vietnam from August 1, 2024

Regulations on the time for implementation of procedures for land registration and issuance of land use right certificates in Vietnam from August 1, 2024 (Internet image)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP providing regulations on basic land investigations; the registration and issuance of land use right certificates, ownership of property affixed to land and the Land Information System.

Time for implementation of procedures for land registration and issuance of land use right certificates in Vietnam from August 1, 2024

Article 22 of Decree 101/2024/ND-CP prescribes the time for implementation of procedures for registration of land and property affixed to land, issuance of land use right certificates, ownership of property affixed to land in Vietnam as follows:

- First registration of land and property affixed to land is no more than 20 working days; issuance of the First land use right certificate, ownership of property affixed to land is no more than 03 working days.

- For changes in registered land, property affixed to land, issuance of land use right certificates, ownership of property affixed to land, the time frames are as follows:

+ In cases of transferring agricultural land use rights without consolidation or exchange plans or transferring, inheriting, gifting land use rights, ownership of property affixed to land, contributing capital with land use rights, ownership of property affixed to land is no more than 10 working days;

+ In cases of selling or contributing capital with property affixed to land leased by the state with annual land rent is no more than 10 working days, excluding the time for determining land valuation, and signing land lease contracts;

+ In cases of leasing or subleasing land use rights in infrastructure development projects is no more than 05 working days;

+ In cases of canceling registration for lease or sublease of land use rights in infrastructure development projects is no more than 03 working days;

+ In cases of name change or change in information about the land user, owner of property affixed to land is no more than 05 working days; in cases of reducing parcel area due to natural erosion is no more than 10 working days;

+ In cases of changing restrictions on land use rights, ownership of property affixed to land, or changes in rights concerning adjacent parcels is no more than 07 working days;

+ For households and individuals establishing private enterprises and utilizing land for business operations is no more than 10 working days, excluding the time for determining land valuation, and signing land lease contracts;

+ For registering ownership of assets attached to parcels that have already been issued certificates is no more than 10 working days, for assets already certified on the issued certificate and registering change of assets is no more than 07 working days;

+ In cases of changing land use rights, ownership of property affixed to land due to division, parcel split, merger, conversion of organizational models or agreements among family members, or husband and wife, or among co-users or co-owners of property affixed to land is no more than 08 working days;

+ In cases of acquiring land use rights, ownership of property affixed to land through dispute settlement, land complaint, or denunciation resolution is no more than 08 working days;

+ In cases of acquiring land use rights, ownership of property affixed to land through collateral asset handling is no more than 08 working days;

+ In cases of changing land use rights for the purpose of constructing above ground to facilitate operation and usage of underground constructions, underground construction ownership is no more than 15 working days;

+ For selling assets, transferring, or transferring land use rights as public property as per legislation on management and use of public property is no more than 10 working days;

+ For debt clearance on land levies, registration fees, the resolution period is within the same working day upon full receipt of the debt clearance dossier; if the full dossier is received after 3 PM the same day, the debt clearance may be resolved by the next working day;

+ For issuing land use right certificates, ownership of property affixed to land according to detailed construction planning or adjustments to detailed construction planning defined in Clause 3, Article 23 of Decree 101/2024/ND-CP is no more than 05 working days;

+ For registering changes in land use purposes stipulated in Clause 3, Article 121 of Land Law 2024 is no more than 10 working days.

- For cases of re-issuing issued land use right certificates, the time frames are as follows:

+ As per points a, b, c, d, dd, e, g, and h of Clause 1, Article 38 of Decree 101/2024/ND-CP is no more than 05 working days;

+ As per point i of Clause 1, Article 38 of Decree 101/2024/ND-CP is no more than 10 working days, except as stipulated in point c, Clause 3, Article 22 of Decree 101/2024/ND-CP;

+ For simultaneous re-issuance for multiple land users due to cadastral map measurements, the time frame shall follow the project approved by the competent authority.

- For cases of parcel subdivision or consolidation as per Article 7 of Decree 101/2024/ND-CP is no more than 15 working days.

- For re-issuance of lost land use right certificates is no more than 10 working days, excluding the time for posting notifications of the lost certificate at the commune-level People's Committee, and time for announcing in public media.

- For registration, issuance of land use right certificates, ownership of property affixed to land for recipients of land use rights, ownership of houses, construction works, construction items in real estate projects is no more than 10 working days.

- For re-determination of homestead land area is no more than 20 working days.

- For rectification of issued certificates is no more than 10 working days.

- For revocation and cancellation of issued certificates is no more than 25 working days; for First revocation of land use right certificates, the registration period for issuance follows Clause 1, Article 22 of Decree 101/2024/ND-CP; for revocation due to registration of changes, the re-issuance period follows the respective registration procedures prescribed in Article 22 of Decree 101/2024/ND-CP.

- The time frames set forth in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 22 of Decree 101/2024/ND-CP are calculated from the date of receiving a dossier ensuring completeness and consistency as per point a, Clause 1, Article 19 of Decree 101/2024/ND-CP; excluding time for tax determination by the competent authority, financial obligations performance by the land user, consideration of land-use law violations, expert examination time, public posting time, media announcement time, inheritance division procedures concerning land use rights, property affixed to land for issuing land use right certificates, ownership of assets attached when the land user or owner dies before certificate issuance.

For mountain communes, islands, remote areas, areas with difficult socio-economic conditions, and areas with especially difficult socio-economic conditions, the implementation period for each type of procedure prescribed in Article 22 of Decree 101/2024/ND-CP is increased by 10 working days.

- The administrative procedure-resolving agency specified in this Decree is responsible for resolving within the stipulated time of its agency, not responsible for the resolution time of other agencies.

- The implementation time for multiple concurrent land registration procedures, attached assets registration is decided by the provincial-level People's Committee but not exceeding the total time for each individual procedure.

In cases where real estate project investors need to submit multiple registration dossiers, issuance of land use right certificates, ownership of property affixed to land at the same time, the provincial-level People's Committee shall consider and decide the administrative procedure resolution time, ensuring it does not exceed the resolution time for each individual procedure's dossier stipulated in Article 22 of Decree 101/2024/ND-CP.

More details can be found in Decree 101/2024/ND-CP which comes into effect in Vietnam from August 1, 2024.

Le Nguyen Anh Hao

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