What are the cases in which land change registration is mandatory in Vietnam? Will there be penalties for not registering land change? This is a question that Lawnet has recently received quite a lot from Clients and Members. Lawnet would like to answer this issue in the article below.
Article table of contents
12 cases in which land change registration is mandatory in Vietnam (Internet image)
According to the provisions of the Land Law 2013, registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal status of land use rights, ownership of houses and land-attached assets, and the right to manage a certain land parcel, in the cadastral records.
Thus, land registration is compulsory for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner. Registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.
Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:
1. The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;
2. The land user or the owner of land-attached assets is allowed to change his/her name;
3. There is a change in the shape, dimension, area, number and address of the land parcel;
4. There is a change in land-attached assets compared with the registered contents;
5. There is a change of land use purpose;
6. There is a change of land use term;
7. There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;
8. Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;
9. The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;
10. There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law;
11. The limited use rights to the adjacent land parcel are established, changed or terminated;
12. There is a change in the limitations on the rights of land users.
In these case, land users are granted a certificate of land use rights and ownership of houses and other land-attached assets, or have the change certified in the granted certificate.
Note: For cases 1, 2, 8, 9, 10, 11, within no more than 30 days from the date of change, land users shall perform the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights are divided.
According to the provisions of Clauses 2 and 3, Article 17 of Decree 91/2019/ND-CP, failing to conduct land change registration in rural areas shall be sanctioned a fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if land change registration is not conducted within 24 months from the deadline; a fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if land change registration is not conducted after 24 months from the deadline. Failing to conduct first-time land registration or land change registration in urban areas shall be met with twice the fine amounts of each case.
Nguyen Trinh
- Key word:
- land change registration
- Vietnam
