Some specific regulations on registration of land and property affixed to land from August 1, 2024

Some specific regulations on registration of land and property affixed to land from August 1, 2024 (Image from the internet)

On July 29, 2024, the Government of Vietnam promulgated Decree 101/2024/ND-CP stipulating basic land survey; registration, issuance of Certificate of land use rights and ownership of property affixed to the land, and the Land Information System.

Some specific regulations on registration of land and property affixed to land in Vietnam from August 1, 2024

(1) The initial contents of land registration and property affixed to land include:

- Information on land users, owners of property affixed to land, and persons assigned land for management, including names, identity documents, legal persons, addresses of land users, owners of property affixed to land, persons assigned land for management;

- Information on parcels including parcel number, map sheet number, address, area, type of land, form of land use, source of land use, and other information about the parcel; information on property affixed to land including type of assets, address, construction area, floor area, usable area, form of ownership, duration of ownership, and other information about the property affixed to land;

- Requirements for registration of land use rights, property affixed to land, or land management rights or issuance of a Land Use Right Certificate, asset ownership rights attached to land for the parcel, property affixed to land;

- Other requirements of land users, owners of property affixed to land, and persons assigned land for management in accordance with the land law (if any).

(2) The contents of registration of changes in land, property affixed to land include:

- Information on land users, owners of property affixed to land, persons assigned land for management, including names, identity documents, legal persons, addresses of land users, owners of property affixed to land, persons assigned land for management;

- Information on parcels including parcel number, map sheet number, address, area, type of land, form of land use, source of land use, and other information about the parcel; information on property affixed to land including type of assets, address, construction area, floor area, usable area, form of ownership, duration of ownership, and other information about the property affixed to land;

- Information on the contents of changes specified in Clause 1, Article 133 of the Land Law 2024 and reasons for changes;

- Other requirements of land users, owners of property affixed to land in accordance with the land law (if any).

(3) Forms of registration of land and property affixed to land.

Land users, owners of property affixed to land, and persons assigned land for management perform registration of land and property affixed to land registration in paper form or by electronic means.

In case of registration in paper form, it is carried out according to the provisions of Section 3 and Section 4, Chapter III of Decree 101/2024/ND-CP.

In case of registration by electronic means, it is carried out according to the provisions of Section 5, Chapter III of Decree 101/2024/ND-CP.

(4) Land users, owners of property affixed to land, persons assigned land for management, persons receiving the transfer of land use rights, and ownership rights of property affixed to land according to the law directly carry out land registration, or property affixed to land registration, or carry out registration through a legal representative (hereinafter referred to as the registration requester).

(5) In case of issuing Land Use Right Certificates, ownership rights of property affixed to land for organizations using land as prescribed in Clauses 1 and 2, Article 142 of the Land Law 2024 where land use rights and property affixed to land are considered public assets according to the law on management and use of public assets, the issuance of Land Use Right Certificates, asset ownership rights attached to land is carried out according to the provisions of the land law without waiting for the reorganization and handling of public assets to be completed.

(6) In cases where the registration requester needs to simultaneously perform multiple land registration procedures, property affixed to land registration, the agencies handling the procedures are responsible for coordinating with the competent authorities to resolve them.

(7) In case of using land to implement an investment project through agreement on receiving land use rights according to the provisions of Article 127 of the Land Law 2024, the issuance of Land Use Right Certificates, ownership rights of property affixed to land for the investor is carried out after the investor completes the land-related procedures to implement the project according to the law.

(8) For assets such as houses, construction works attached to land that have been certified for ownership on the issued Certificate, when handling the registration procedures for changes, the Land Registration Office and its branches register based on the information about the assets on the issued Certificate, except where the asset owner requests registration of changes in assets; the asset owner takes legal responsibility for transactions if the assets have changed compared to the information on the issued Certificate.

(9) During the process of resolving registration procedures, issuance of Land Use Right Certificates, and ownership rights of property affixed to land, if land users or owners of property affixed to land do not continue to perform, individuals with rights and obligations related to or according to civil law submit proof documents to continue the procedures.

In case the individual to continue the procedures is not determined or the individual continuing the procedures is not eligible for issuance of Land Use Right Certificates, ownership rights of property affixed to land, the Land Registration Office and its branches are responsible for updating the cadastral record.

(10) For individual and household parcels being used, upon initial issuance of Land Use Right Certificates, ownership rights of property affixed to land, the competent authority specified in point b, Clause 1, Article 136 of the Land Law 2024 decides the area of homestead land recognized according to the homestead land allocation limit for individuals as specified in Clause 2, Article 195, and Clause 2, Article 196 of the Land Law 2024 or the homestead land recognition limit specified in Clause 5, Article 141 of the Land Law 2024 regardless of the number of family members sharing land use rights.

(11) Provisions on deferred payment of land levy when granting Land Use Right Certificates, ownership rights of property affixed to land are implemented as follows:

- Entities eligible for deferred payment of land levy when first-time granting Land Use Right Certificates, ownership rights of property affixed to land include individuals, households using land who want deferred payment and heirs according to the law who want deferred payment can continue to owe land levy;

- The deferred payment of land levy in the above case is for the entire amount of land levy due at the time of issuance of the Land Use Right Certificate, ownership rights of property affixed to land;

- The order and procedures for deferred payment, settlement, and deletion of land levy debts, duration of land levy debt for households and individuals deferred payment implemented according to the law on collection of land levy and land rent;

- In cases where individuals are allocated resettlement land, the deferred payment of land levy is carried out according to the regulations at the Decree on compensation, support, and resettlement when the State acquires land;

- The deferred payment of land levy for the above-mentioned subjects is applied from August 1, 2024, to the end of July 31, 2029. The payment and deletion of land levy debts follow the provisions of the law on collection of land levy and land rent.

(Article 18 of the Decree 101/2024/ND-CP)

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

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