Vietnam: Issuance of certificates of land use right in case of an area of land in excess of that specified in the land use right document

1. If the additional area of land is acquired through transfer, inheritance or donation of a land use right for which a certificate has been issued, the process occurs as follows:

- Implement the procedure for transfer, inheritance or donation of the additional land area pursuant to Article 79 and Clause 2 of Article 82 of Decree No. 01/2017/ND-CP of Vietnam’s Government;

- If the original land parcel has been issued a certificate, conduct the procedure for replacement of the certificate pursuant to Article 76 of Decree No. 01/2017/ND-CP;

- If the documents on the right of use of the original land parcel are available pursuant to Article 100 of the Land Law, conduct the procedure for initial certification of the original land parcel pursuant to Article 70 of Decree No. 01/2017/ND-CP.

2. If the additional land area is acquired through transfer, inheritance or donation of a land use right before 01 July, 2014 and the documents on such land use right are available pursuant to Article 100 of the Land Law, the process occurs as follows:

- If the original land parcel has been issued a certificate, implement the procedure for initial certification of the additional land area pursuant to Article 70 and the procedure for replacement of the certificate for the original land parcel pursuant to Article 76.

- Implement the procedure for initial certification pursuant to Article 70 of this Decree for the entire tract of land if the documents on the right of use of the original land parcel are available pursuant to Article 100 of the Land Law of Vietnam.

3. If the documents on the right of use of the additional land area are not available as stated in Article 100 of the Land Law, the process occurs as follows:

- If the land user does not violate any the laws on land, the certification of land use right with or without ownership of house and properties attached to land for the additional land area shall proceed pursuant to Article 20 of Decree No. 01/2017/ND-CP;

- In the event that the additional land area was gained by the land user’s violation of the laws on land before 01 July, 2014, the certification of land use right with or without ownership of house and properties attached to land for the additional land area shall proceed pursuant to Article 22 of Decree No. 01/2017/ND-CP;

- In the event that the additional land area was allocated to the land user by an incompetent authority before 01 July, 2014, the certification of land use right with or without ownership of house and properties attached to land for the additional land area shall proceed pursuant to Article 23 of Decree No. 01/2017/ND-CP.

After obtaining the land use right certificate for the increased land area, the procedures for changing or issuing a new certificate for the original land area as mentioned above will be carried out.

More details can be found in Decree No. 01/2017/ND-CP of Vietnam’s Government, which amends Decree No. 43/2014/ND-CP and takes effect from March 03, 2017.

- Ngoc Duyen -

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