What are the cases required land change registration in Vietnam? What are the penalties for failing to conduct land change registration in Vietnam? – Viet Duong (Tra Vinh, Vietnam)
What are the cases required land change registration in Vietnam? (Internet image)
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.
(Clause 4, Article 95 of the Land Law 2013)
Failing to conduct land change registration as specified in Points a, b, h, i, k and l Clause 4 Article 95 of the Land Law 2013 in rural areas shall be sanctioned as follows:
- A fine ranging from VND 1,000,000 to VDN 3,000,000 shall be imposed if land change registration is not conducted within 24 months from the deadline specified in Clause 6 Article 95 of the Land Law 2013;
- A fine ranging from VND 2,000,000 to VDN 5,000,000 shall be imposed if land change registration is not conducted after 24 months from the deadline specified in Clause 6 Article 95 of the Land Law 2013.
Note: The above fine level applies to violations in rural areas, the fine level for violations in urban areas is equal to 02 times the fine level for violations in rural areas.
(Article 17 of Decree 91/2019/ND-CP)
The application form for land change registration in 2023 is issued together with Circular 33/2017/TT-BTNMT.
Application form for land change registration |
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