Vietnam: Cases of registration of change issued with Certificate of land use right in 2020

Vietnam: Cases of registration of change issued with Certificate of land use right in 2020 (Internet image)

Regarding this matter, LawNet would like to answer as follows:

According to the provisions of Clause 2, Article 17 of Circular 23/2014/TT-BTNMT, cases of registration of change issued with Certificate of land use right, ownership of house and other properties associated with the land in Vietnam include:

- Consolidation of land parcels into a new land parcel; splitting of a land parcel into new land parcels in accordance with regulations of law;

- Transfer of use purpose of a part of land parcel with permission from the competent authorities;

- Person leasing or sub-leasing the land use right of investors who are allotted land or lease land for investment in construction of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks;

- Case of receiving the transfer of use right of a part of land area or properties associated with land in the issued Certificate in form such as consolidation of land parcels into a new land parcel; splitting of a land parcel into new land parcels;

- Agreement upon consolidation or division of land use right or properties associated with land of households, spouse or group of people of joint ownership or use.

- Certification of addition of ownership of properties associated with land on the land parcel which has been issued with Certificate;

- Change of all information on the land parcel from the measurement and making of cadastral map;

- The issued Certificate is damaged or lost;

- Cases of registration of change in land use right or ownership of properties associated with land but there is not adequate space for certification of change in page 4 of the Certificate;

- Cases of registration of change in land use right or ownership of properties associated with land specified below and the land user or owner of properties associated with land has a need for issuance of new Certificate.

+ Receiving the use right of all area of land, the ownership of all properties associated to the land whose Certificate has been issued in cases of conversion, transfer, inheritance, donation, capital contribution, successful reconciliation on land dispute recognized by the competent People’s Committee; agreement in mortgage contract for debt settlement; administrative decision of the competent state authorities on settlement of land dispute, complaint or denunciation concerning land, decision or judgment of the People’s Court, effective judgment enforcement decision of the enforcement organ; written recognition of result of auction winning of land use right in accordance with regulation of law;

+ Transfering the use right of a part of area of land parcel, a part of properties associated with the land whose Certificate has been issued to others in the cases specified under Point a of this Clause or transferring the use right of one or a number of land parcel among the land parcels issued with a joint Certificate, the transferor is entitled to certifying in the issued Certificate.

+ Househholds and individuals that establish private enterprises or vice versa; transform their companies, split, separate, merge or consolidate enterprises not subject to the case of transfer of land use right or ownership of properties associated with land;

+ Land users or owners of properties associated with land are allowed to change name and personal and legal information and address;

+ Reduction in area of land parcel due to natural landslide;

+ Change of properties associated with land recorded in the Certificate; certification of addition of properties associated with land in the issued Certificate;

+ Change of information on the number of land parcel; area of land parcel from measurement; name of administrative unit where the land parcel is located;

+ Transfer of purpose of land use;

+ The State recovers a part of area of land parcel which has been issued with Certificate;

Thus, when registering changes in land and properties associated with the land in the above cases in Vietnam, people will be issued a new Certificate of land use right, ownership of house and other properties associated with the land instead of making confirmation of changes on Page 3 and Page 4 of the issued Certificate.

Nguyen Trinh

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