What is land registration? When to register land in Vietnam?

What is land registration? When to register land in Vietnam? (Source: internet)

1. What is land registration?

According to Clause 15, Article 3 of the Land Law 2013, registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal status of land use rights, ownership of houses and land-attached assets, and the right to manage a certain land parcel, in the cadastral records.

2. When to register land in Vietnam?

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.

2.1. First registration of land in Vietnam

According to Clause 3, Article 95 of the Land Law 2013, first registration is conducted in the following cases:

- The land parcel is allocated or leased for use;

- The land parcel is in use but not registered yet;

- The land parcel is allocated for management but not registered yet;

- The houses and other land-attached assets are not registered yet.

2.2. Change registration of land in Vietnam

According to Clause 4, Article 95 of the Land Law 2013, 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 Land Law 2013;

- 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

+ The 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.

Diem My

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