Regulations on certification of ownership of non-residential construction facilities in Vietnam

Regulations on certification of ownership of non-residential construction facilities in Vietnam (Internet image)

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

1. Regulations on certification of ownership of non-residential construction facilities in Vietnam

According to Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP), the owners of non-residential construction facilities may have their ownership certified according to the following regulations:

- Domestic households, individuals and communities must possess one of the following papers:

= Construction permit or definite-term construction permit which is required in cases where application form construction permits is mandatory under the construction laws.

In case any work is built in contravention of the issued construction permit, a written confirmatory opinion  from the authority issuing the construction permit that the construction area in breach of ​​the permit has not threatened safety for works and are now consistent with the construction planning scheme approved by the competent authority;

= Papers on ownership of construction facilities, granted by competent authorities in different periods, unless the facilities have been managed and arranged by the State for use;

= Notarized or certified paper on purchase and sale, donation or inheritance of the construction facility as prescribed by law;

= Legally effective paper of the people’s court or a competent state agency proving the ownership of the construction facility;

= An applicant for construction facility ownership certification who possesses one of the papers specified at Points a, b, c and d of Clause 1 Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP) which bears the name of another person is required to possess one of the papers on purchase and sale, donation, exchange or inheritance of construction facilities before July 1, 2004, signed by the related parties and certified by the commune- or higher-level People’s Committee;

In case of purchase, donation, exchange or inheritance of construction facilities before July 1, 2004, without a paper on such purchase, donation, exchange or inheritance signed by the related parties, the commune-level People’s Committee’s certification of the time of purchase, donation, exchange or inheritance of the construction facility in the application for a certificate of land use rights and ownership of houses and other land-attached assets is required.

In case an applicant for construction facility ownership certification possesses one of the papers specified at Points a, b, c and d of  Clause 1 Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP) while the current conditions of the facility are inconsistent with such paper, the commune-level People’s Committee’s certification is required for the part of the facility inconsistent with the paper as in the case prescribed at Point e of this Clause;

= In case a domestic individual possesses none of the papers specified at Points a, b, c and d of Clause 1 of Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP), the commune-level People’s Committee’s certification that the facility was completely built before July 1, 2004, before the land use master plan or construction plan is promulgated, or is compliant with the master plan, in case the facility was built after the land use master plan or construction plan is promulgated, is required.

For a facility completely built since July 1, 2004, the commune-level People’s Committee’s certification that the facility is not subject to construction permit and satisfies the planning conditions as for facilities built before July 1, 2004, is required;

For a facility which was subject to construction permit but was built without such permit, the district-level construction management agency’s written approval of the existence of such facility is required.

- Domestic organizations, religious institutions, foreign organizations, foreign individuals and overseas Vietnamese must possess papers prescribed below:

= In case of construction of new facilities under law, the project approval decision, project investment decision, investment license, investment certificate or construction permit granted by a competent state agency and the paper on land use rights under the land law or the land lease contract with the land user indicating the land use purpose conformable with the facility construction purpose, are required;

= In case of purchase and sale, donation, exchange, inheritance or in another form as prescribed by law, a lawful paper on such transaction is required;

= In case of unavailability of one of the papers specified at Points a and b of Clause 2 of Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP), the provincial-level construction management agency’s certification that the facility existed before the construction master plan is promulgated and is now compliant with the approved construction master plan is required;

= For facilities built in contravention of the papers specified at Points a, b and c of Clause 2 of Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP), the improperly built area shall be inspected by the construction licensing agency and is certified not to affect the safety of the facility and to be compliant with the approved construction master plan.

- In case construction facility owners are not land users, in addition to the facility ownership papers specified in Clauses 1 and 2 of Clause 2 of Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP), the lawfully notarized or certified written approval of the land user of the construction of the facility and copies of papers on land use rights under the land law are required.

- In the event that a project comprises various buildings as defined in the decision on approval of investment project, the decision on project investment, the license of investment, the certificate of investment, the certificate of investment registration issued by the competent authority, the decision on approval of the detailed construction plan and/or the building permit, the main investor, if qualifying and applying, shall be bestowed by the competent government authority the certificate of land use right with or without ownership of house and other properties attached to land over each building or each area in a building.

- For construction projects developed to serve travel accommodation purposes as prescribed in laws on tourism on commercial or service land, if any of them satisfies the conditions set forth in laws on land, construction and real estate business, the ownership of that construction project attached to land is certified according to the commercial or service purposes of land as prescribed in clause 3 of Article 126, and clause 1 of Article 128 in the Law on Land.

Owners of these construction projects shall be held legally responsible for strict compliance with the conditions prescribed in law on construction and law on real estate business.

Certification of ownership of the construction project specified in this clause shall be subject to clause 1, 2, 3 and 4 of Clause 2 of Article 32 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP, Decree 148/2020/ND-CP and Decree 10/2023/ND-CP). That Certificate of ownership shall include particulars, right purposes and use term of a parcel in accordance with laws.

2. Cases of issuance and renewal of certificates of ownership of construction works in Vietnam

According to Clause 1, Article 76 of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP), the renewal of granted certificates, certificates of house ownership or certificates of ownership of construction works shall be made in the following cases:

- Land users that wish to change certificates of house ownership or certificates of ownership of construction works or certificates granted before December 10, 2009, into certificates of land use rights and ownership of houses and other land-attached assets;

- Granted certificates or certificates of house ownership or certificates of ownership of construction works are smeared, blurry, ragged or damaged;

- Such activities are performed after areas and dimensional sizes of land plots are resurveyed;

- Request for writing of full names of both husband and wife in the certificates, in case land use rights are or ownership of land-attached assets is common assets of husband and wife but the certificates only indicate the full name of either of them.

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