Vietnam: 02 additional cases of registration of change issued with new LURC (effective from September 1, 2021)

10:30, 29/07/2021

According to Circular 09/2021/TT-BTNMT amending and supplementing a number of articles of the circular elaborating Law of the Land, from September 1, 2021, there will be02 additional cases of registration of change issued with new LURC, ownership of houses and other land-attached assets in Vietnam.

Vietnam: 02 additional cases of registration of change issued with new LURC (effective from September 1, 2021) (Illustration)

According to Clause 2, Clause 3, Article 1 of Circular 09/2021 amended Clause 2, Article 17 of Circular 23/2014/TT-BTNMT, cases of land change registration granted with new LURC from September 1, 2021 include:

(1) Consolidation of land parcels into a new land parcel; splitting of a land parcel into new land parcels in accordance with regulations of law;

(2) Transfer of use purpose of a part of land parcel with permission from the competent authorities;

(3) 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;

(4) 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 this Clause;

(5) 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.

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

(7) 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;

(8) The issued Certificate is damaged or lost;

(9) 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;

(10) 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 and the land user or owner of properties associated with land has a need for issuance of new Certificate.

a) 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;

b) 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.

...

e) Households 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;

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

h) Reduction in area of land parcel due to natural landslide;

...

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

m) 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;

n) Transfer of purpose of land use;

...

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

...

(Note: The part in bold italics is an addition to the current regulations).

Bao Ngoc

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Circular 23/2014/TT-BTNMT of Vietnam

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