Vietnam: Summary of applications for 15 current cases of registration of change of land

1. An application for transfer of agriculture land use right of households and individuals to perform "Regrouping of lands" submitted generally for the households and individuals changing agricultural land shall include:

- A written form of reissuing the Certificate in Form No. 10/DDK of each household and individual;

- An original of the granted Certificate or a copy of pledged contracts of land use rights for land pledged in credit institutions;

- A written agreement on transfer of agricultural land use rights of households and individuals;

- A plan for transfer of agricultural land use rights of the People’s Committees of communes approved by People’s Committee of districts, towns and cities under provinces;

- A report of transfer and receipt of land under the plan of “regrouping of land" (if any).

2. An application for transfer of agricultural land use rights which are not in the case of "regrouping the land"; transfer, lease, subletting, inheritance, donation, capital contribution by land use right, ownership of property on land; transfer of land use rights, ownership of property on land of either wife or husband to land use rights, ownership of property on land of both wife and husband shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- A contract, document of transfer, lease, subletting, inheritance, donation of land use right, ownership of property on land; capital contribution by land use right, ownership of property on land; transfer of land use rights, ownership of property on land of either wife or husband to land use rights, ownership of property on land of both wife and husband as prescribed;

- If the inheritor of land use right, ownership of property on land is the only person, a written form of registration of inheritance of land use rights, ownership of property on land of the inheritor is necessary;

- An original of the granted Certificate;

- A written approval of the competent State agencies for economic organizations who receive transfer, capital contributions and lease of agricultural land use right to carry out investment projects;

- A written consent of the land users which shows that the owner of property on land may transfer, donate, lease or contribute capital the property on land in case of transfer, donation, lease, capital contribution of property on land of which owners are not users.

3. An application for deregistration of lease, sublease, and capital contribution with land use rights, ownership of property on land shall include:

- A written contract liquidation of lease, sublease, capital contribution with land use rights and property on land or a contract of lease, sublease, capital contribution with land use rights, property on land of which liquidation is certified;

- An original of the granted certificate for the case of lease or sublease of the land use rights of investors of infrastructure construction in industrial zones, industrial complexes, processing and exporting zones, hi-tech zones, economic zones and capital contribution with land use right, ownership of property on land.

4. Application for granting Certificate for transfer of land use rights, ownership of property on land before July 01, 2014 that the licensee has been granted the Certificate but has not transferred the land use right, ownership of property on land as prescribed

If land use rights and property on land are transferred, inherited or donated without the contract or document of transfer as prescribed, and the transferor do not give the Certificate to the transferee, the application shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- A contract or documents of transfer the rights which have been established under the regulations;

If land use rights and property on land are transferred, donated without the contract or document of transfer as prescribed, the application shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate;

- Papers on the transfer of land use rights and property on land with the signature of both transferor and the transferee.

5. An application for registration of changes of land use rights, ownership of property on land in settlement of disputes, complaints and denunciations on land; debt settlement of mortgage contracts, capital contribution contracts; distraint or auction of land use rights and property on land for execution; total division, partial division, amalgamation, acquisition of organization, transformation of the company; consolidation agreement or division of land use rights and property on land of households, husband and wife, land user groups shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate, except in cases where a decision or judgment of the People's Court has been implemented or the enforcement decision of the enforcement agency has taken effect, or the auction of the land use rights certificate or assets attached to the land has been carried out as requested by the People's Court or the enforcement agency without recovering the original granted Certificate;

- Either of the papers including: A successful conciliation minute (if conciliation is successful and there is a change in boundaries of the land plot, the approval decision of the People’s Committee of competent authorities is necessary) or a decision of the competent State agencies on settlement of disputes, complaints and denunciations on land in accordance with law; etc.;

- A written total division, partial division, consolidation, acquisition of organization as prescribed in law in case of division or consolidation of land use rights, ownership of property on land of organizations; a family register in case of division or consolidation of land use right, ownership of property on land of households; a family register or certificate of marriage or certificate of divorce in case of division or consolidation of land use right, ownership of property on land of the spouses.

6. An application for registration of changes in use of land and property on land due to changing the information on persons who are issued the Certificate; reduction in land area due to natural erosion; changes in land use right restrictions; changes in financial obligations; Changes in property on land compared with the registered content, granted content of the Certificate shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK; 

- An original of the granted Certificate;

- One of the papers relating to the content of changes:

+ A written approval of competent State agencies under the provisions of law applicable to changes in names of representatives of households;

+ A copy of family register in case of changes in representatives who are heads of households; a written agreement of households certified by People’s Committees of communes in case of changes in representatives who are other members of households;

+ etc.;

7. An application for switching from annual land lease payments to lump-sum payment or from land allocation without land levy to land lease or from land lease to land allocation with land levy shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate;

- A land lease contract made;

- A voucher of financial obligations; papers relating to the exemption and reduction of financial obligations on land and assets attached to land (if any).

8. An application for registration of establishment the limited right to use the adjoining land plot after being granted the Certificate for the first time and registration for changes, termination of the limited right to use the adjoining land plot shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate of one party or involved parties;

- A contract or written agreement or decision of the People's Court on the establishment or change or termination of the limited right to use the adjacent land plot;

- A diagram of location, area size of land plot that the user of the adjacent land plot is entitled to use in limit.

9. An application for extension of land use outside the hi-tech zones, economic zones shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate;

- A copy of the additional investment Decision or investment license or investment certificate showing the term or adjusted the term in accordance with time for extension of land use in case of use of land of organizations, foreign institutions having diplomatic functions, foreign-invested enterprises and overseas Vietnamese carrying out the investment project;

- A voucher of financial obligations (if any).

10. An application for certification of continuous use of agricultural land of households and individuals upon expiration of land in case of demand shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate.

11. An application for division or consolidation of the land plot shall include:

- A written form of division or consolidation of the land plot in Form No. 11/DDK;

- An original of the granted Certificate.

12. An application for re-verification of the size of households’ or individuals’ residential land certified in writing shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate.

13. An application for registration for changes in case the household/individual brings land use rights to businesses shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate;

- A notarized or authenticated written consent of the household members agreeing to transfer the land use rights of the household to a business in accordance with the legal provisions for cases involving land owned by households;

- A signed land lease contract.

14. An application for extension of agricultural land use of religious establishments shall include:

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate.

15. An application for registration for changes in information about legal entity, ID card number, citizen ID card number, address on the granted Certificate according to the needs of land users, owners of assets attached to land

- A written form of registration for changes in land and property on land in Form No. 09/DDK;

- An original of the granted Certificate;

- A copy of ID card or proof of military and family register or other proof of record change in case of changes in record information of persons named on the Certificate;

- A written approval of the competent authorities for changes in legal information in the case of changes in legal information on the organization stated on the Certificate.

Note: In case of carrying out the procedures for registering changes in land and assets attached to land as above, there is a change in information about the legal entity, ID card number, citizen ID card number, address on the granted Certificate, the land user shall supplement the following documents:

- A copy of ID card or proof of military and family register or other proof of record change in case of changes in record information of persons named on the Certificate;

- A written approval of the competent authorities for changes in legal information in the case of changes in legal information on the organization stated on the Certificate.

Le Vy

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