Types of documents related to land and property affixed to land-related changes in Vietnam as of August 1, 2024

Types of documents related to land and property affixed to land-related changes in Vietnam as of August 1, 2024 (Image from the Internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating basic land survey; registration, issuance of Certificates of Land Use Rights, ownership of property affixed to land, and the Land Information System.

Types of documents related to land and property affixed to land-related changes in Vietnam as of August 1, 2024

Article 30 of Decree 101/2024/ND-CP stipulates the types of documents related to land and property affixed to land-related changes in Vietnam as follows:

- In case of carrying out procedures for converting agricultural land use rights without changing the field boundaries or in cases of transfer, inheritance, donation of land use rights, ownership of property affixed to land, contributing capital with land use rights, ownership of property affixed to land, they must submit the contract or document on the transfer of land use rights, ownership of property affixed to land.

In case there are multiple recipients of the transfer who agree to issue a joint Certificate of Land Use Rights, ownership of property affixed to land, an additional agreement document must be submitted.

In case of transferring, donating, or contributing capital with assets attached to the land when the owner of the asset does not hold the land use rights for the parcel, an additional document from the land user agreeing to allow the asset owner to transfer, donate, or contribute capital with the assets attached to the land must be submitted, except in cases where foreign organizations or individuals are allowed to own houses under the housing law.

In case of transferring, donating, or contributing capital with land use rights, ownership of property affixed to land that are mortgaged and registered at the Land Registration Office, an additional document from the mortgagee agreeing to allow the mortgagor to transfer or donate land use rights, ownership of property affixed to land must be submitted.

- In case the land user leases from the State in the form of annual land rent payment but sells or contributes capital with the assets attached to the leased land, they must submit the contract or document regarding the sale or capital contribution with assets attached to the land according to civil law regulations.

- In case of leasing or subleasing land use rights within an infrastructure business construction project, a document on leasing or subleasing land use rights must be submitted.

- In case of canceling a lease or sublease of land use rights within an infrastructure business construction project, a document on canceling the lease or sublease of land use rights must be submitted.

- In case of changing the name or information of the land user and the land-attached assets owner on the issued Certificate, the following documents must be submitted:

+ For individuals, the procedure-resolving agency will exploit and use information in the National Database on Population. If unable to exploit the information, a copy or presentation of the original document proving the name change or information change of the land user and the land-attached assets owner must be submitted;

+ For organizations, overseas Vietnamese, and communities, a document from the competent authority permitting or recognizing the name and information change must be submitted.

- In case of changing land use rights, ownership of property affixed to land due to dividing, splitting, merging, absorbing an organization, or converting the organizational model, the following documents must be submitted:

+ Business registration certificate or document on the establishment of the organization after the change;

+ Decision of the competent authority or document on dividing, splitting, merging, absorbing, or converting the organizational model according to the regulations, clearly identifying the organization entitled to use the land and own assets attached to the land after dividing, splitting, merging, absorbing, or converting the organizational model.

- In case of reducing the parcel’s area due to natural erosion, the People's Committee of the commune must certify the natural erosion status in writing to pass on to the Land Registration Office and the land user.

- In case of registering assets attached to a parcel with an issued Certificate or registering changes to assets attached to the land compared to registered content, the following documents must be submitted:

+ Documents specified in Articles 148, 149 of the Land Law 2024 (if any), housing blueprint, construction works (except when the documents specified in Articles 148, 149 of the Land Law 2024 already have a blueprint consistent with the current status of the constructed house or works); construction design dossier appraised by the construction authority or a written approval of the completion inspection result of the project, according to construction law, in case of certifying ownership of construction works on agricultural land where the owner lacks any documents specified in Article 149 of the Land Law 2024 or the works are exempted from construction permits under construction law;

- In case there are documents specified in point a of clause 1 of Article 148, point a of clause 1 of Article 149 of the Land Law 2024 but the current status of the asset has changed and belongs to an area requiring a construction permit, an additional written confirmation from the district construction management authority on the legitimacy of the construction works must be submitted in accordance with construction law;

- In case of registering changes due to extending the housing ownership period for foreign organizations and individuals according to housing law, a written approval of the housing ownership extension from the competent authority must be submitted.

- In case of changing land use rights and ownership of assets due to dividing, splitting, merging, absorbing an organization, or converting the organizational model, the following documents must be submitted:

+ Business registration certificate or document on the establishment of the organization after the change;

+ Decision of the competent authority or document on dividing, splitting, merging, absorbing, or converting the organizational model according to the regulations, clearly identifying the organization entitled to use the land and own assets attached to the land after dividing, splitting, merging, absorbing, or converting the organizational model.

- In case of changing land use rights or ownership of property affixed to land based on an agreement between family members or spouses, an agreement document on the change must be submitted.

In case of changing the land use rights of the land-using family members, the agreement document must reflect the information of the family members with joint land use rights at the time of the land grant by the State, land lease, land use right recognition, or land use right transfer.

In case of changing land use rights or ownership of property affixed to land between spouses, the procedure-resolving agency is responsible for exploiting and using information on marital status from the National Database on Population. Should it be unable to exploit the information, a copy or original of the Marriage Certificate, Divorce Certificate, or other documents proving marital status must be submitted.

- In case of acquiring land use rights and ownership of property affixed to land following the resolution of disputes, complaints, and denunciations about land, one of the following documents must be submitted:

+ Mediation record or document recognizing the successful mediation result approved by the competent authority;

+ Decision of the competent authority on resolving disputes, complaints, and denunciations about land that has taken effect according to the regulations;

+ Decision or judgment of the People's Court, enforcement decision from the enforcement agency that has been executed;

+ Decision or arbitration award from the Vietnam Commercial Arbitration on resolving disputes arising from commercial activities related to land.

- In case of acquiring land use rights and ownership of property affixed to land through handling mortgaged assets already registered, including handling debts originating from non-performing loans by credit institutions and foreign bank branches, one of the following documents must be submitted:

+ Contract of transfer of land use rights, ownership of property affixed to land between the land user, asset owner, and transferee;

+ Transfer contract or other transfer documents regarding land use rights, ownership of attached assets between the entitled transferor of the mortgaged assets and the transferee;

+ Auction contract for the sale of the assets, auction sale contract, or enforcement result confirmation by the Civil Judgment Enforcement Agency;

+ Mortgage contract for land use rights, attached assets, or other agreements where the mortgagee is entitled to receive the mortgaged asset according to the regulation;

+ Any of the documents specified in points b, c, and d of clause 6 of Article 30 of Decree 101/2024/ND-CP serves as a basis to replace the mortgagee's consent to the asset transfer.

- In case of changing the land use rights for constructing surface-level projects supporting the operation and exploitation of underground constructions, or changing ownership of the underground projects, a document from the competent authority permitting the change must be submitted.

- In case of selling assets, transferring, or assigning land use rights as public property according to public property management and use regulations, the following documents must be submitted:

+ Document permitting the sale, transfer, or assignment of land use rights and attached assets from the competent authority;

+ In case of selling public assets or transferring land use rights as public property, in addition to the document specified in point a of clause 17 of Article 30 of Decree 101/2024/ND-CP, an additional public asset sale contract for land use rights, ownership of attached assets following legal regulations must be submitted.

- In case the parcel with an issued Certificate has an increased area as specified in clause 2 of Article 24 of Decree 101/2024/ND-CP, the following documents must be submitted:

+ In the case specified in point a of clause 2 of Article 24 of Decree 101/2024/ND-CP, the documents on receiving the transferred land use rights for the increased area must be submitted;

+ In the cases specified in points b and c of clause 2 of Article 24 of Decree 101/2024/ND-CP, proof of the increased area (if any) must be submitted.

- In case of clearing land levy or registration fee debt, proof of debt payment completion regarding land levy, and registration fee following taxation laws must be submitted.

- In case of adjusting detailed construction planning as specified in clause 3 of Article 23 of Decree 101/2024/ND-CP, the approved decision on adjusting detailed construction planning from the competent authority must be submitted, along with a map of the adjusted construction planning and cadastral map or cadastral map extract; if land value reassessment is required, additional proof of financial obligations completion must be provided.

In case the project developer has been issued Certificates for the entire project land area and wishes to obtain Certificates for each project parcel according to the detailed construction planning, the approved detailed construction planning decision from the competent authority must be submitted, accompanied by a detailed construction planning map and cadastral map or cadastral map extract.

- In case the issued Certificate belongs to a family, and land use rights are executed, the contract or transfer document must reflect the information of the family members with joint land use rights at the time of land grant, lease, use right recognition, or transfer.

- For land use changes requiring parcel division or merging, the land user must submit the parcel division or merging diagram specified in point c of clause 3 of Article 7 of Decree 101/2024/ND-CP.

- In case specified in point b of clause 6 of Article 25 of Decree 101/2024/ND-CP, the penalty decision for administrative violations in land must be submitted, which includes remedial measures enforcing land registration, along with proof of penalty payment.

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

To Quoc Trinh

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