In the near future, consolidation and swap of land parcels shall be subject to issuance of red book instead of renewal as previously regulated. Below are guidelines for consolidation and swap of land parcels in Vietnam from February 08, 2021.
Article table of contents
1. Consolidation and swap of land parcels shall be issued with red book from February 08, 2021
According to Clause 24 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government, amending Point c Clause 1 Article 76 of the Decree No. 43/2014/NĐ-CP, renewal of red book ịn case of “consolidation and swap of land parcels” is completely abolished. Thus, after amending, cases of renewal of red book include:
- Land users that wish to change certificates of house ownership or certificates of ownership of construction works or certificates granted before December 10, 2009, into certificates of land use rights and ownership of houses and other land-attached assets;
- Granted certificates or certificates of house ownership or certificates of ownership of construction works are smeared, blurry, ragged or damaged;
- Re-survey and re-measurement of areas and sizes of land parcels;
- Request for writing of full names of both husband and wife in the certificates, in case land use rights are or ownership of land-attached assets is common assets of husband and wife but the certificates only indicate the full name of either of them.
Concurrently, according to Clause 25 Article 1 of the Decree No. 148/2020/NĐ-CP amending Clause 5 Article 78 of the Decree No. 43/2014/NĐ-CP on order and procedures for exchanging agricultural land use rights of households and individuals for consolidation and swap of land parcels, when conducting consolidation and swap of land parcels, households and individuals using land submit application dossiers for Certificates.
Thus, it can be seen that from February 08, 2021, consolidation and swap of land parcels shall be subject to issuance of red book instead of renewal as previously regulated.
2. Guidelines for issuance of red book for consolidation and swap of land parcels
Step 1: Preparing dossiers for issuance of red book
According to Clause 1 Article 8 of the Circular No. 24/2014/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam, cadastral dossiers for issuance of new red book include:
- A written form of registration, granting Certificate of rights to use land, ownership of land and property on land for the first time in for form No. 04/DDK;
- One of the papers on land use rights and land-attached assets;
- A voucher of financial obligations (receipt of tax payment, land use levy, etc.); papers relating to the exemption and reduction of financial obligations on land and property on land (if any);
- Some other identification documents: ID card, citizen ID card, etc.
Step 2: Submit dossiers for issuance of red book
According to Clause 19 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government amending Clause 2 Article 60 of the Decree No. 43/2014/NĐ-CP, households and individuals submit dossiers at land registration offices and branches of land registration offices at district, town, or provincial city to carry out procedures for new issuance of a red book.
Step 3: Receiving and processing of dossiers
* Receiving dossiers
- If the application is incomplete or invalid, competent agency must notify and guide the applicant to supplement the application within 03 working days;
- If the application is complete and valid, the official receiving the application shall record all information in the Receipt Book; write and give the Receipt Form to the applicant.
* Processing dossiers
According to Clause 25 Article 1 of the Decree No. 148/2020/NĐ-CP of Vietnam’s Government amending Clause 6 Article 78 of the Decree No. 43/2014/NĐ-CP, land registration offices shall be responsible for performing the following tasks:
- Checking the application dossiers and certifying the changes in the written request forms for Certificates;
- Making dossiers and submit them to Sub-departments of Natural Resources and Environment before they present them to district-level People’s Committees to seek their approval of grant of certificates to persons completing the implementation of the approved consolidation and swap of land parcels;
- Making or updating and adjusting the cadastral records and land database; taking charge of handing over certificates of land use rights and ownership of houses and other land-attached property to land users at communes, wards or townships where the land lots are located.
Note: In case a land user is mortgaging their land use rights or land-attached property at a credit institution, they are required to submit a copy of the mortgage of land use rights and land-attached property instead of the issued certificate for the purposes of carrying out procedures for grant of the new one.
Land registration offices shall notify the list of cases in which the procedures for issuance of Certificates must be carried out to the credit institutions getting mortgaged land use rights or land-attached property; certify the mortgage registration on the Certificates after obtaining approval from authorities having jurisdiction to issue such registration.
The granting of the Certificates is carried out simultaneously between three parties, including the Land Registration Office, the land user and the credit institution; The land user shall sign and receive the new certificates of land use rights and ownership of houses and other land-attached property from the land registration offices and then to hand them over to the credit institutions where the mortgages are being accepted; Credit institutions shall have to hand over the old certificates which are being mortgaged to the land registration offices for their management purposes.
Step 4. Resulting
According to Clause 40 Article 2 of the Decree No. 01/2017/NĐ-CP of the Vietnam’s Government, within 30 days from the date of receipt of a valid application; within 40 days for communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, Branch Office Land registration will give the red book to the grantee who has submitted the proof of financial obligation fulfillment or send the red book to the commune-level People's Committee to hand over to households and individuals to submit documents at the commune level.
Le Vy
