Registration of land, houses and other land-attached assets are necessary activities in land management . Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what does land registration mean? What are legal regulations on registration of land, houses and other land-attached assets in Vietnam? Thanks for answering me!”
Legal grounds
- 2013 Vietnam Land law
Registration of land, houses and other land-attached assets
– Land registration is compulsory for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner.
– Registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.
– First registration is conducted in the following cases:
+ The land parcel is allocated or leased for use;
+ The land parcel is in use but not registered yet;
+ The land parcel is allocated for management but not registered yet;
+ The houses and other land-attached assets are not registered yet.
– 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 Land 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.
– Land users and owners of land-attached assets who have declared and registered are recorded in the cadastral book and granted a certificate of land use rights and ownership of houses and other land-attached assets if they so request and are eligible in accordance with Land law and other relevant laws. In case of change registration, land users are granted a certificate of land use rights and ownership of houses and other land-attached assets, or have the change certified in the granted certificate.
In case of first registration, if land users are ineligible for a certificate of land use rights and ownership of houses and other land-attached assets, they may use land temporarily until the State issues a handling decision on the issue in accordance with Government’s regulations.
– For the cases of change registration specified at Points a, b, h, i, k and 1, Clause 4 of this Article, land users shall perform the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights are divided.
– The registration of land and land-attached assets takes effect on the date of registration in the cadastral book.
Regulations on cadastral records
– Cadastral records include paper or digital documents which show detailed information on each land parcel, people assigned to manage the land, the land user, the owner of any land-attached asset, land use rights and changes of land use rights, and the ownership of land-attached assets.
– The Minister of Natural Resources and Environment shall prescribe cadastral records, the establishment, editing and management of cadastral records, and provide a roadmap for change from paper to digital cadastral records.
Certificates of land use rights and ownership of houses and other land-attached assets
– A certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single form used nationwide.
The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.
– The certificate of land use rights, the certificate of house ownership and residential land use rights, the certificate of house ownership and the certificate of construction facilities ownership which have been granted in accordance with the land law, housing law or construction law before December 10, 2009, remain legally valid and are not required to be changed to the certificate of land use rights and ownership of houses and other land-attached assets. In case those who were granted a certificate before December 10, 2009, want to change the certificate, they shall be granted the certificate of land use rights and ownership of houses and other land-attached assets in accordance with Land law.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
Cadastral records include paper or digital documents which show detailed information on each land parcel, people assigned to manage the land, the land user, the owner of any land-attached asset, land use rights and changes of land use rights, and the ownership of land-attached assets.
Registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.
First registration is conducted in the following cases:
+ The land parcel is allocated or leased for use;
+ The land parcel is in use but not registered yet;
+ The land parcel is allocated for management but not registered yet;
+ The houses and other land-attached assets are not registered yet.
Conclusion: So the above is Registration of land, houses and other land-attached assets in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
