Latest procedures for land registration for cases of eligibility for conveyance of real estate projects in Vietnam

Latest procedures for land registration for cases of eligibility for conveyance of real estate projects in Vietnam (Photo from internet)

On July 29, 2024, the Government of Vietnam promulgated Decree 101/2024/ND-CP stipulating basic land surveys; registration, issuance of Certificates of Land Use Rights, ownership of property affixed to land, and the Land Information System.

Latest procedures for land registration for cases of eligibility for conveyance of real estate projects in Vietnam

According to Article 43 of Decree 101/2024/ND-CP, the procedures for land registration in cases of eligibility for conveyance of real estate projects in Vietnam are stipulated as follows:

- The applicant submits one set of documents to the receiving authority as stipulated in Clause 1, Article 21 of Decree 101/2024/ND-CP. In case the receiving authority is stipulated at Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP, the documents will be transferred to the Land Registration Office. The documents include:

+ The land registration application form of property affixed to land according to Form 05/DK or the land change registration application form of property affixed to land according to Form 11/DK issued together with Decree 101/2024/ND-CP for the case where the land area of the project has been issued a Certificate;

+ The Certificate issued to the project transferor; in case of change in financial obligations, it is necessary to submit proof of completion of these financial obligations (except for cases of exemption or delayed payment as regulated by law).

In case the land use rights for the project have not been issued a Certificate, it is necessary to submit proof of financial obligations completion of both the transferor and the transferee, the land allocation decision, the land lease decision, permission to change land use purpose for the project implementation;

+ The document allowing the transfer of the project or a part of the project from the competent authority;

+ The project transfer agreement or part of the project transfer agreement as stipulated by law;

+ The subdivision, parcel plan according to Form 02/DK issued together with Decree 101/2024/ND-CP for cases of transferring part of the project where the land use rights have been issued a Certificate;

+ The cadastral map extract for cases of transferring part of the project where the land use rights have not been issued a Certificate, approved by the Land Registration Office as stipulated at Point a, Clause 5, Article 9 of Decree 101/2024/ND-CP.

- In cases where the project transferee is not a foreign-invested economic organization and the land for project implementation has been issued a Certificate, the Land Registration Office shall proceed with the tasks stipulated in Clause 3, Article 37 of Decree 101/2024/ND-CP.

- In cases where the project transferee is not a foreign-invested economic organization and the land for project implementation has not been issued a Certificate, the following procedures shall be followed:

+ Send the Information Transfer Form to determine land financial obligations according to Form 12/DK issued together with Decree 101/2024/ND-CP to the tax authority for determination and notification of financial obligations;

+ Upon receiving notification from the tax authority regarding the completion of financial obligations, the Land Registration Office completes the documents and presents them to the provincial land management authority;

+ The provincial land management authority presents the documents to the Provincial People's Committee to sign the Land Use Rights Certificate, ownership of property affixed to land, or to sign the Land Use Rights Certificate, ownership of property affixed to land in cases of delegation, and forwards the documents to the Land Registration Office;

+ The Land Registration Office issues the Land Use Rights Certificate, ownership of property affixed to land, or transfers to the receiving authority for issuance to the recipient; undertakes the filing, updating, and correction of cadastral records and the land database.

- In cases where the project transferee is a foreign-invested economic organization, procedures for land registration shall be carried out in the sequence and procedures for land allocation, land lease as stipulated in the Decree detailing the implementation of some articles of the Land Law 2024.

More details can be found in Decree 101/2024/ND-CP which comes into force in Vietnam from August 1, 2024.

Le Nguyen Anh Hao

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