Vietnam: Guidelines for procedures for registration of change of land (latest)

The registration of change of land is specified in the Land Law 2013 of Vietnam and detailed in Decree No. 43/2014/ND-CP of Vietnam’s Government, specifically as follows:

1. Cases of registration of change of land

According to Clause 2 Article 95 of the Land Law 2013, registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.

Registration of change of land shall be carried out in the following cases:

Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

- The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;

- The land user or the owner of land-attached assets is allowed to change his/her name;

- There is a change in the shape, dimension, area, number and address of the land parcel;

- There is a change in land-attached assets compared with the registered contents;

- There is a change of land use purpose;

- There is a change of land use term;

- There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;

- Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;

- The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;

- There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law;

- The limited use rights to the adjacent land parcel are established, changed or terminated;

- There is a change in the limitations on the rights of land users.

In these cases, land users are granted a certificate of land use rights and ownership of houses and other land-attached assets, or have the change certified in the granted certificate.

Note:

- For the cases of change registration specified at Points (i), (ii), (viii), (ix), (x) and (xi), land users shall perform the procedures for change registration within 30 days from the date of the change.

- In case of inheritance, this period is calculated from the date the inherited land use rights are divided.

2. Procedures for registration of change of land

Step 1: Prepare dossiers

Land users shall submit 01 set of dossiers, including:

- A written form of registration for changes in land and property on land in the form 09/DDK;

- An original of the granted Certificate;

- One of the papers relating to the content of changes specified in Clauses 6, 7 Article 9 of Circular No. 24/2014/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam.

Step 2: The land registration office shall:

- Measure the land parcel, if there is a change in the land parcel area and land-attached assets or the certificate has been granted but the land parcel has no cadastral map or is not measured yet;

- Send cadastral information to the tax agency for determining financial obligations, in case land use levy or land rental must be paid according to regulations.

Step 3: Land users fulfill their financial obligations.

Land users fulfill their financial obligations in cases where they are required to pay land use fees or rent according to the provisions of the law.

Step 4: Return the result

The land registration office shall:

- Give certification in the granted certificate;

- Notify the land user to sign or re-sign the land lease contract with the natural resources and environment agency, in case land shall be leased;

- Update the change and adjust the cadastral records and land database; hand over the certificate of land use rights and ownership of houses and other land-attached assets to the applicant.

Note: For land users that wish to change the land use purpose, the procedures for registration of change of land and the procedures for land use purpose change shall be carried out at the same time.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE