Procedures for applying for LURC for the first time at the Land registration office in Vietnam

Procedures for first-time LURC registration at the Land Registration Office shall comply with the provisions of the Land Law 2013 and other relevant guiding regulations, specifically as follows:

Procedures for applying for LURC for the first time at the Land registration office in Vietnam

(1) In case of direct application:

- The land user submits the application at the Land Registration Office or the branch of the Land Registration Office or the application-receiving agency as prescribed by the provincial-level People's Committee or locations according to demand, for localities where the provincial People's Committee has issued regulations on receiving, circulating dossiers, processing, and returning results of settlement procedures according to location needs.

Households, individuals, and communities shall submit dossiers to the commune-level People's Committees if they wish.

In case of receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers in accordance with regulations.

- The application-receiving agency is responsible for recording all information in the record-receiving book, returning the results, handing over the application-receiving slip, and returning the results to the applicant.

In the event that households, individuals, or communities submit their dossiers to the commune-level People's Committees, the commune-level People's Committees shall forward the dossiers to the land registration office or branch of the land registration office.

- The land registration office or the branch of the land registration office shall update the information of the registered land parcel in the cadastral file and land database (if any).

(2) Online administrative procedures for land registration

An agency receiving and notifying decisions on land-related applications shall be responsible for following land-related administrative processes and procedures prescribed in laws on land; when needing to verify land-related applications, or failing to issue decisions on land-related applications within the prescribed time limits for handling of land-related applications due to other causes, the agency receiving and handling land-related applications shall send applicants notifications issued in writing or via the Public Service Portal or SMS, clearly stating reasons for those actions.

Land users and land-attached property owners shall be responsible for meeting financial obligations pursuant to laws directly or online via the payment solution embedded into the Public Service Portal.

Decisions on applications for registration of land and other land-attached property; for issuance, replacement or reissuance of Certificates shall be issued at offices of land-related application receiving agencies or by public post, or to the given addresses of recipients.

Procedures for applying for LURC for the first time at the Land registration office in Vietnam (Internet image)

Instruction for first-time LURC registration at the Land registration office in Vietnam

- The land user submits the application at the Land Registration Office or the branch of the Land Registration Office or the application-receiving agency as prescribed by the provincial-level People's Committee or locations according to demand, for localities where the provincial People's Committee has issued regulations on receiving, circulating dossiers, processing, and returning results of settlement procedures according to location needs.

- Households, individuals, and communities shall submit dossiers to the commune-level People's Committees if they wish.

Components of the application for first-time LURC registration at the Land registration office in Vietnam

Components of the application for first-time LURC registration at the Land registration office in Vietnam include:

(1) 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 issued together with Circular 24/2014/TT-BTNMT;

(2) One of the following papers on land use rights (a copy of one of the papers already notarized or authenticated or a copy of the document and the original for the officer receiving the dossier to check, compare, and confirm on the copy or the original):

(a) The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

(b) Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

(c) Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

(d) The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

(dd) The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

(e) The document on land use rights issued by a competent authority of the former regime to land users;

(g) Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

- Land registers and field establishment registers made before December 18, 1980.

- One of documents made during the process of land and field registration under the Prime Minister’s Directive No. 299-TTg of November 10,1980, on survey, classification and statistical registration of land and fields nationwide under the management of state agencies, including:

+ Minutes of approval of commune-level land and field registration councils, determining that the current land use is lawful;

+ Lists of lawful land use cases made by commune-level People’s Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies;

+ Applications for registration of land and field use rights, for cases in which documents specified at Points a and b of this Clause are unavailable.

- Projects or lists or documents on emigration of people to build new economic zones or for resettlement approved by district- or provincial-level People’s Committees or competent state agencies.

- Documents of state-run agricultural and forest farms on allocation of land to workers of these farms for building their houses (if any).

- Documents having contents on ownership of houses and works; building and repair of houses and works certified or permitted by district- or provincial-level People’s Committees or state management agencies in charge of houses and construction.

- Documents on temporary allocation of land by district- or provincial-level People’s Committees; written requests for land use approved by commune-level People’s Committees or agricultural cooperatives before July 1, 1980, or approved by district- or provincial-level People’s Committees.

- Documents issued by competent state agencies on allocation of land to agencies and organizations for arrangement of land parcels to their officials, workers and employees for building houses on their own or for building houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees. In case of building houses with state budget funds, built houses shall be handed over to local housing management agencies for management and trading in accordance with law.

(h) Copies of documents made before October 15, 1993, bearing the name of the land user mentioned at point g, certified by the People's Committee of the district, province, or district-level specialized management agency, provincial level, in case the original of this document has been lost and the state agency no longer keeps a record of management of the issuance of such a document.

(i) The Department of Natural Resources and Environment and the Division of Natural Resources and Environment are responsible for providing land-itemizing books and construction books made before December 18, 1980, in accordance with the above provisions, which are being archived at their offices for the commune-level People's Committees and land users to serve the registration and issuance of certificates of land use rights, ownership of houses, and other land-attached assets.

(k) One of the papers on land use rights mentioned at Points a, b, c, d , dd, e, g and h above in which another person's name is written, accompanied by papers on the transfer of land use rights signed by relevant parties.

(l) Households and individuals may use land according to judgments or decisions of the People's Courts, judgment enforcement decisions of judgment enforcement agencies, a written recognition of successful conciliation results, and executed decisions on settlement of disputes, complaints, and denunciations about land by competent state agencies.

(m) Households and individuals currently using land have had a decision on land allocation or land lease issued by a competent state agency from October 15, 1993, to July 1, 2014.

(n) Certificate of common land use for the community in case the community is using the land.

(3) Documents to fulfill financial obligations; papers related to the exemption or reduction of financial obligations on land and assets attached to land - if any (copy).

(4) In case there is registration of limited use rights to the adjacent land plot, there must be a contract, written agreement, or decision of the People's Court on the establishment of the limited use rights of the adjacent land plot, enclosed with a diagram showing the location and size of the area of the land plot in which the users of the adjacent land parcel have limited use rights.

Time limit for processing the first-time LURC registration at the Land registration office in Vietnam

As prescribed by the People's Committee of the province, but within 30 days from the date of receipt of a valid application.

This time does not include the time of holidays and holidays as prescribed by law; the time to receive the dossiers at the commune; the time to fulfill the financial obligations of the land users; the time for consideration and handling of cases of land use in violation of the law; or the time for soliciting expertise.

For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the execution time is increased by 10 days.

Results of settlement of administrative procedures must be returned to land users and owners of land-attached assets within 03 working days from the date of receipt of settlement results.

For localities where the provincial People's Committee has promulgated regulations on receipt, rotation of dossiers, settlement, and return of results of procedure settlement according to time needs, the time for processing the procedures shall comply with the agreement between the person in need and the Land Registration Office or Branch of the Land Registration Office, but shall not exceed the time for carrying out procedures prescribed by the People's Committee of the province. 

Mai Thanh Loi

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