Guidelines on Procedures for Initial Land Use Right Registration in Vietnam

Guidelines on Procedures for Initial Land Use Right Registration in Vietnam​ (Illustrative Image)

Land Use Rights Registration Application as per Form No. 04a/DK

1. Entities Required to Perform Procedures for Initial Land Use Right Registration in Vietnam

Clause 1, Article 95, Land Law 2013 stipulates that land registration is mandatory for land users and individuals assigned land for management; registration of house ownership and other assets attached to land is carried out at the request of the owner.

Clause 3, Article 95 of the Land Law specifies that initial land use rights registration is implemented in the following cases:

- Land parcels granted, leased for use;

- Land parcels under use but not yet registered;

- Land parcels assigned for management but not yet registered;

- Houses and other assets attached to land not yet registered.

Thus, in any of the cases above, the owner is required to perform the procedures for land use rights registration.

2. Initial Land Use Rights Registration Dossier in Vietnam

According to Clause 1, Article 8, Circular 24/2014/TT-BTNMT on cadastral dossiers, the dossier submitted when performing the initial land use rights registration includes:

1. Application for registration, issuance of Certificate of Land Use Rights, House Ownership, and Other Assets attached to land as per Form No. 04a/DK;

2. One of the documents on land use rights as stipulated in Article 100 of the Land Law and Article 18 of Decree 43/2014/ND-CP detailing the implementation of some articles of the Land Law;

>> > See more: Types of documents on land use rights according to Land Law 2013

3. Proof of financial obligations; documents related to exemption or reduction of financial obligations regarding land and assets attached to land (if any);

Note: In cases of registering limited-use rights to the adjacent parcel, a contract or agreement or decision from the People's Court on establishing the limited-use rights for the adjacent parcel must be included, along with a diagram showing the location and dimension of the area on the parcel where the adjacent user is granted limited-use rights.

4. Valid 9-digit Identification Card or Citizen Identification Card (to be presented when submitting the dossier).

3. Submission of Initial Land Use Rights Registration Dossier in Vietnam

Article 60 of Decree 43/2014/ND-CP stipulates that individuals needing to register land use rights for the first time submit their dossier at one of the following offices:

- District-level Land Use Rights Registration Office;

- Office receiving dossiers and issuing results as regulated by the Provincial People's Committee;

- Commune-level People's Committee (for family households or individuals if needed).

4. Time Limit for Performing Initial Land Use Rights Registration Procedures in Vietnam

According to Article 61 of Decree 43/2014/ND-CP, as amended by Clause 40, Article 2 of Decree 01/2017/ND-CP, the time limit for performing initial land use rights registration procedures is stipulated as follows:

- No more than 30 days, from the date of receiving a valid dossier; excluding weekends, holidays as stipulated by law; excluding the time for dossier submission at the commune, the time required for fulfilling financial obligations by the land user; excluding the time for reviewing and handling legal violations concerning land use, and the time for expert examination.

- Not more than 40 days for mountainous, island communes, remote and isolated regions, areas with difficult socio-economic conditions, and areas with particularly difficult socio-economic conditions.

- In cases where the dossier is incomplete or invalid, within no more than 03 working days, the receiving and handling agency must notify and guide the applicant to supplement and complete the dossier as per regulations.

>>> See more: Guidance on the latest procedures for land use rights change registration

Le Vy

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