Circular 09/2021/TT-BTNMT officially effective from September 1, 2021 has added 03 points related to LURCs, ownership of houses and other land-attached assets (hereinafter collectively referred to as Certificates) as follows:
Article table of contents
Vietnam: 03 new points on LURCs, ownership of houses and assets attached to land (Illustration)
1. Additional regulations on barcodes of Certificates
Clause 1, Article 1 of Vietnam's Circular 09/2021 has been added to point a, clause 2, Article 15 of Vietnam's Circular 23/2014/TT-BTNMT as follows:
For any district not divided into commune-level administrative units, MX shall be replaced by the code of the district-level administrative unit assigned under the Prime Minister’s decision on the list and codes of Vietnam’s administrative units.
Currently, Circular 23/2014 does not have this provision. It can be seen that this new regulation is in line with reality because currently some district-level administrative units do not have commune-level administrative units in Con Dao island district (Ba Ria - Vung Tau province); Ly Son island district (Quang Ngai province)…
In case Certificate issuance is within the competence of the provincial People’s Committee, write the code of the province or central-affiliated city as per regulations before the code of the commune, ward or town where the land is located or before the code of the district-level administrative unit where the land is located if the district-level administrative unit is not divided into commune-level administrative units.(Newly added).
2. Additional cases of registration of changes are granted certificates
Clauses 2 and 3, Article 1 of Vietnam's Circular 09/2021 supplementing cases of registration of changes and granting certificates of land use rights and ownership of houses and other land-attached assets include:
- The land lots split to receive separate Certificates for cases where a Certificate is granted to multiple lots
- Changing to land area of a land lot having garden, pond and housing due to residential area redetermination per regulations
3. Additional regulations on confirmation of changes on the issued Certificate
Clause 4, Article 1 of Vietnam's Circular 09/2021 amending and supplementing Clause 16, Article 18 of Vietnam's Circular 23/2014 on certification of changes on the Certificate in case the land user donates the area of the land plot to construction of roads, irrigation or other public works as follows:
- Where the land user voluntarily donates a part of a land lot issued with Certificate for road, irrigation work or another public work, in the issued Certificate, write “Donated… m2 for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation); remaining area is … m2”;
In case the land user voluntarily donates all of their land lot, in the issued Certificate, write “Donated all of land lot for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation)”.
- Where the land user voluntarily donates a part of one or more than one land lot or one or more than one land lot included in a Certificate issued to multiple land lots for road, irrigation work or another public work, in the issued Certificate, write “Donated… m2 of land lot No. … of map No. … (specify land area, land lot number and cadastral map number of each land lot) for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation); remaining area is … m2
in case the land user voluntarily donates all of the land lots included in a Certificate issued to multiple land lots, in the issued Certificate, write “Donated all land lots for … (road or irrigation work or another public work) according to … (specify name and date of signing of document on land donation)”;
Currently, there are only instructions on how to record in case the land user voluntarily donates a part of the land plot to build roads, irrigation or other public works.
In addition, Clause 5, Article 1 of Vietnam's Circular 09/2021 also stipulates that in case a Certificate is granted to multiple land lots, if a land lot is split to receive a separate Certificate, in the issued Certificate, write “Land lot … (specify lot number and map number) with area of … m2 is split to receive a separate Certificate; according to application No. ... (specify application number)
Bao Ngoc
