The time limit for issuing the first land use rights certificate is no more than 3 business days from August 1, 2024

The time limit for issuing the first land use rights certificate in Vietnam is no more than 3 business days from August 1, 2024 (Image from the internet)

On July 29, 2024, the Government of Vietnam promulgated Decree 101/2024/ND-CP regulating basic land survey; registration, issuance of certificates of land use rights, ownership of property affixed to land (commonly known as red books), and land information systems.

The time limit for issuing the first land use rights certificate in Vietnam is no more than 3 business days from August 1, 2024

According to Clause 1, Article 22 Decree 101/2024/ND-CP:

The initial registration of land and property affixed to land shall not exceed 20 business days; the issuance of the Certificate of Land Use Rights, Ownership of property affixed to land for the first time shall not exceed 03 business days.

Currently, according to Clause 2, Article 61 Decree 43/2014/ND-CP (amended and supplemented by Decree 01/2017/ND-CP), the first-time issuance procedure for the Red Book is regulated as follows:

The registration of land, property affixed to land, and the issuance of the Certificate of Land Use Rights, Home Ownership, and other property affixed to land shall not exceed 30 days;

For mountainous communes, islands, remote and isolated areas, regions with socio-economic difficulties, or regions with special socio-economic difficulties, the time to perform the first-time issuance procedure for the Red Book can be extended by 10 days (i.e., no more than 40 days).

Thus, from August 1, 2024, the time for issuing the first land use rights certificate is no more than 03 business days. The total time for performing the first-time issuance procedure for the Red Book is no more than 23 days.

The time for registering changes in land and property affixed to land in Vietnam from August 1, 2024

The registration for changes in land, property affixed to land, and the issuance of the Certificate of Land Use Rights, Ownership of property affixed to land will be implemented within the following timeframes:

- In the case of agricultural land use rights conversion that is not based on consolidation or parceling plan, or in the case of transfer, inheritance, donation of land use rights, ownership of property affixed to land, or capital contribution by land use rights, ownership of property affixed to land, it shall not exceed 10 business days;

- In the case of sale or capital contribution by property affixed to land which the state leases land with annual rent payment, it shall not exceed 10 business days, not counting the time for determining land price and signing the land lease contract;

- In the case of leasing or subleasing land use rights in an infrastructure construction and business project, it shall not exceed 05 business days;

- In the case of deregistering the lease or sublease of land use rights in an infrastructure construction and business project, it shall not exceed 03 business days;

- In the case of a name change or change in information about the land user or owner of property affixed to land, it shall not exceed 05 business days; in the case of reducing the parcel area due to natural erosion, it shall not exceed 10 business days;

- In the case of changes in the restrictions on land use rights, ownership of property affixed to land, or rights over adjacent parcels, it shall not exceed 07 business days;

- For households or individuals establishing a private enterprise and using land for the enterprise's production and business activities, it shall not exceed 10 business days, not counting the time for determining land price and signing the land lease contract;

- For registering ownership of assets attached to an already certified parcel, it shall not exceed 10 business days; for assets already certified in the Certificate that are subject to change of ownership registration, it shall not exceed 07 business days;

- In the case of changes in land use rights, ownership of property affixed to land due to division, separation, merger, conversion of organizational model, or agreement of family members, husband and wife, or jointly used land or commonly held property affixed to land, it shall not exceed 08 business days;

- In the case of receiving land use rights, ownership of property affixed to land according to the results of mediation on land dispute settlement, complaints, denouncements about land, it shall not exceed 08 business days;

- In the case of receiving land use rights, ownership of property affixed to land due to the handling of mortgaged assets, it shall not exceed 08 business days;

- In the case of changes in land use rights to construct structures serving the operation, exploitation, and utilization of underground works, ownership of underground works, it shall not exceed 15 business days;

- In the case of selling assets, transferring, or transferring land use rights as public assets under the laws on public asset management and use, it shall not exceed 10 business days;

- In the case of debt clearance of land levy and registration fee, the time for settlement is on the business day after receiving complete debt clearance documents; if the documents are received after 15:00 on the same day, the debt clearance can be settled on the next business day;

- In the case of issuing the Certificate of Land Use Rights, Ownership of property affixed to land according to detailed construction planning or adjusted detailed construction planning as stipulated in Clause 3, Article 23 Decree 101/2024/ND-CP, it shall not exceed 05 business days;

- In the case of registering changes in land use purposes as stipulated in Clause 3, Article 121 Land Law 2024, it shall not exceed 10 business days.

(Clause 2, Article 22 Decree 101/2024/ND-CP)

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE