Vietnam: Cases of registration of change of land issued with Certificate of land use right (red book)

Pursuant to Clause 2 Article 17 of Circular No. 23/2014/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam, cases of registration of change of land issued with Certificate of land use right, ownership of house and other properties associated with the land 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 any form specified under Point a of this Clause;

- 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 and the land user or owner of properties associated with land has a need for issuance of new Certificate, specifically as follows:

+ 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;

+ 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 of transfer, inheritance, donation 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;

+ Households 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.

Above are the cases where individuals will be granted a new red book when registering land changes according to Vietnam’s current regulations.

Legal basis: Circular No. 23/2014/TT-BTNMT

Ngoc Tai

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