Cases of registration of change issued with a new Certificate of land use right in Vietnam

Cases of registration of change issued with a new Certificate of land use right in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1.  Cases of registration of change issued with a new Certificate of land use right in Vietnam

According to Clause 2, Article 17 of Circular 23/2014/TT-BTNMT (amended in Circular 09/2021/TT-BTNMT), cases of registration of change issued with Certificate of land use right, ownership of house and other properties associated with the land include:

- Consolidation of land lots into a new land lot; splitting of a land lot into new land lots in accordance with regulations of law; land lots split to receive separate Certificates for cases where a Certificate is granted to multiple lots;

- Transfer of use purpose of a part of land parcel with permission from the competent authorities;

- Person leasing or sub-leasing the land use right of investors who are allotted land or lease land for investment in construction of infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks;

- Case of receiving the transfer of use right of a part of land area or properties associated with land in the issued Certificate in any form specified under Point a of Clause 2, Article 17 of Circular 23/2014/TT-BTNMT (amended in Circular 09/2021/TT-BTNMT);

- Agreement upon consolidation or division of land use right or properties associated with land of households, spouse or group of people of joint ownership or use.

- Certification of addition of ownership of properties associated with land on the land parcel which has been issued with Certificate;

- Change to all information on a land lot due to cadastral map formulation; change to land area of a land lot having garden, pond and housing due to residential area redetermination per regulations;

- The issued Certificate is damaged or lost;

- Cases of registration of change in land use right or ownership of properties associated with land but there is not adequate space for certification of change in page 4 of the Certificate;

- Cases of registration of change in land use right or ownership of properties associated with land specified under Points a, b, e, g, h, l, m, n and r, Clause 1 of Article 17 of Circular 23/2014/TT-BTNMT (amended in Circular 09/2021/TT-BTNMT) and the land user or owner of properties associated with land has a need for issuance of new Certificate.

+ Receiving the use right of all area of land, the ownership of all properties associated to the land whose Certificate has been issued in cases of:

++ Conversion, transfer, inheritance, donation, capital contribution, successful reconciliation on land dispute recognized by the competent People’s Committee;

++ Agreement in mortgage contract for debt settlement;

++ Administrative decision of the competent state authorities on settlement of land dispute, complaint or denunciation concerning land, decision or judgment of the People’s Court, effective judgment enforcement decision of the enforcement organ;

++ Written recognition of result of auction winning of land use right in accordance with regulation of law;

+ Transfering the use right of a part of area of land parcel, a part of properties associated with the land whose Certificate has been issued to others in the cases specified under Point a of this Clause or transferring the use right of one or a number of land parcel among the land parcels issued with a joint Certificate, the transferor is entitled to certifying in the issued Certificate.

+ Transferring the land use right, ownership of house and other properties associated with the land of husband or wife into the joint land use right or joint ownership of properties of spouse.

+ Registering the mortgage and de-registering mortgage, registering the change of content of mortgage by the land use right or the properties associated with the land which has been form or shall be formed in the future.

+ Investors who are allotted land or lease land from the State to invest in infrastructure in industrial parks, industrial clusters, export processing zones, economic zones, high-tech parks register the land leasing or sub-leasing, cancellation of registration of land leasing or sub-leasing;

+ Househholds and individuals that establish private enterprises or vice versa; transform their companies, split, separate, merge or consolidate enterprises not subject to the case of transfer of land use right or ownership of properties associated with land;

+ Land users or owners of properties associated with land are allowed to change name and personal and legal information and address;

+ Reduction in area of land parcel due to natural landslide;

+ Change of limited right of land user or owners of properties associated with land;

+ Change of financial obligations recorded in the Certificate;

+ Change of properties associated with land recorded in the Certificate; certification of addition of properties associated with land in the issued Certificate;

+ Change of information on the number of land parcel; area of land parcel from measurement; name of administrative unit where the land parcel is located;

+ Transfer of purpose of land use;

+ Change of duration of land use;

+ Transfer from the form in which the State leases land with annual land use fees to the form of land leasing with one time payment for the whole duration of leasing; from the form in which the State allots land without land use fees to the form of land leasing; from land leasing to land allotment with land use fees under regulations of law on land;

+ Confirmation, change or termination of limited use right of adjacent land parcel;

+ The State recovers a part of area of land parcel which has been issued with Certificate;

+ Correction of contents in the issued Certificate due to mistake during writing or printing;

+ Certificate has been issued jointly for many land parcels and there is a land parcel separated for issuance of separate Certificate.

2. Cases requiring land change registration 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 this Law;

- 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 a 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.

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