16 Cases requiring registrations of land-related changes in Vietnam under the Land Law 2024

16 Cases requiring registrations of land-related changes in Vietnam under the Land Law 2024​ (Image from the internet)

1. 16 Cases requiring registrations of land-related changes in Vietnam under the Land Law 2024

Registrations of land-related changes applies to cases where a Land Use Rights Certificate, a Certificate of House Ownership and Homestead Land Use, a Certificate of House Ownership, a Certificate of Construction Ownership, or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to Land has been issued and changes occur as follows:

(1) The land user or the owner of assets attached to the land exercises rights of transfer, assignment, inheritance, donation of land use rights, assets attached to the land; contributes capital with land use rights, assets attached to the land; leases or subleases land use rights in projects related to infrastructure construction; transfers projects using land;

(2) The land user or the owner of assets attached to the land is permitted to change their name;

(3) Changes in information about the land user or the owner of assets attached to the land on the issued certificates that are not covered by point b of this subsection;

(4) Changes in boundaries, demarcation, dimensions of edges, area, number, and address of the parcel;

(5) Registration of ownership of assets attached to a parcel that has been issued a Land Use Rights Certificate or a Certificate of House Ownership and Homestead Land Use, or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to Land; registration of changes regarding assets attached to the land compared to registered content;

(6) Change of land use purpose as stipulated in Clause 1, Article 121 of the Land Law 2024; cases specified in Clause 3, Article 121 where the land user needs to register land use changes;

(7) Change in the land use duration;

(8) Change in the type of land allocation, land lease, payment of land levy, or land rent as prescribed by this Law;

(9) Change in land use rights, ownership of assets attached to the land due to division, separation, merger, acquisition, conversion of organizational model, or agreement of members of a family, spouses, or joint land users, or common asset owners;

(10) Change in land use rights, ownership of assets attached to the land according to the results of a land dispute reconciliation recognized by a competent People's Committee; agreement in a mortgage contract to resolve debts; decision of a competent state agency on resolution of land disputes, complaints, denunciations; court judgment or decision, execution decision of the enforcement agency that has been executed; decision or arbitral award of the Vietnam Commercial Arbitration on the resolution of disputes arising from commercial activities related to land; document recognizing the results of land use rights auction in accordance with the law;

(11) Establishment, change, or termination of rights to an adjacent parcel;

(12) Changes in the restrictions on the rights of the land user;

(13) Changes in the rights to use land for ground-level construction for the operation, exploitation, and use of underground works; ownership of underground works;

(14) The land user, owner of assets attached to land requires issuance of a new or replacement Land Use Rights Certificate or a Certificate of House Ownership and Homestead Land Use, or a Certificate of House Ownership, or a Certificate of Construction Ownership, or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to Land;

(15) The land user, owner of assets attached to land exercises the right to mortgage land use rights, assets attached to land;

(16) Sale of assets, transfer, assignment of land use rights as public assets according to the provisions of the law on management and use of public assets.

Legal Basis: Clause 1, Article 133 of the Land Law 2024

2. Are registrations of land-related changes subject ot issuance of a New Land Use Rights Certificate in Vietnam?

For registration of any of the changes, a competent authority shall certify the change on the granted certificate, or grant a new certificate of title when the land user or owner of property affixed to land has a need.

For registration of the change specified in (15), a competent authority shall certify the change on the granted certificate.

Legal Basis: Clause 2, Article 133 of the Land Law 2024

3. Deadline for registrations of land-related changes in Vietnam

For cases of land use change prescribed in points (1), (2), (9), (10), (11), (12), (16), within a period of 30 days from the date of occurrence of the change, the land user must register the change with the competent authority; in the case of enforcement of judgments, the registration period is calculated from the date of handover of the enforceable asset or auctioned asset; in case of inheritance of land use rights, the registration period is calculated from the date rights are distributed as inherited property as per civil law or from the effective date of a court judgment or decision.

Legal Basis: Clause 3, Article 133 of the Land Law 2024

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