Land change registration is an important procedure when buying, selling, donating, inheriting land, etc. So, what is land change registration? What is the land change registration form? Where to submit? Let’s find out more details with LawFirm.Vn through this article!
1. What is land change registration?
Registering changes in land or assets attached to land is the implementation of legal procedures to record changes in registered information in the cadastral records of the person with land use rights and land allocated person. In particular, land registration includes two types: first registration and land change registration. The content is based on Clause 3, Article 3 of Circular 24/2014/TT-BTNMT.
2. In what cases must land changes be registered?
According to Clause 1, Article 133 of the Land Law 2024, registration of land changes is carried out in cases where land has been issued a Certificate or registered but has the following changes:
– Land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, and donate land use rights and assets attached to land; contribute capital with land use rights and assets attached to land; leasing and subleasing land use rights in infrastructure construction and business projects; transfer of projects using land;
– Land users and owners of assets attached to land are allowed to change their names;
– Changing information about land users and owners of assets attached to land on the issued certificate is not in the case where land users and owners of assets attached to land are allowed to change their names;
– Change boundaries, landmarks, edge sizes, area, number and address of the land plot;
– Register ownership of assets attached to a plot of land that has been granted a Certificate of Land Use Rights or Certificate of House Ownership and Residential Land Use Rights or Certificate of Land Use Rights and Ownership housing and other assets attached to land or Certificate of land use rights and ownership of assets attached to land; Register changes in assets attached to land compared to registered content;
– Change of land use purpose specified in Clause 1, Article 121 of this Law; In the case specified in Clause 3, Article 121 of this Law, the land user wishes to register a change;
– Change of land use term;
– Change the form of land allocation, land lease, payment of land use fees, and land rent according to the provisions of this Law;
– Change in land use rights, ownership of assets attached to land due to division, separation, consolidation, merger, conversion of organizational model or agreement between household members or between husband and wife or of a group of common land users, a group of owners of common assets attached to land;
– Change of land use rights and ownership of assets attached to land according to the results of successful conciliation of land disputes recognized by the competent People’s Committee; agreements in mortgage contracts to handle debt; decisions of competent state agencies on resolving land disputes, complaints and denunciations about land; Court judgments and decisions, judgment enforcement decisions of judgment enforcement agencies that have been executed; decisions or rulings of the Vietnam Commercial Arbitration on resolving disputes between parties arising from commercial activities related to land; Document recognizing the results of the auction of land use rights in accordance with the law;
– Establish, change or terminate rights to adjacent land plots;
– Changes in restrictions on land users’ rights;
– Changes in land use rights to build above-ground works to serve the operation, exploitation and use of underground works, and ownership of underground works;
– Land users, owners of assets attached to land request to renew or reissue a Certificate of Land Use Rights or Certificate of House Ownership and Residential Land Use Rights or Certificate of Ownership housing ownership or Certificate of ownership of construction works or Certificate of land use rights, ownership of houses and other assets attached to land or Certificate of land use rights, ownership of assets attached to the land;
– Land users and owners of assets attached to land exercise the right to mortgage land use rights and assets attached to land;
– Sell assets, transfer and transfer land use rights that are public assets according to the provisions of law on management and use of public assets.
3. What documents are included in the change registration application?
Land change registration documents vary depending on the nature of each case. However, all land change registration forms must be accompanied by Form No. 09/DK issued with Circular 24/2014/TT-BTNMT (amended by Circular 33/2017/TT-BTNMT) as shown in the table. down here.
In addition, according to Clause 2, Article 9 of Circular 24/2019/TT-BTNMT, additional documents need to be prepared such as:
– Notarized land use rights transfer contract;
– Certificate of land use rights (Red book);
– Personal income tax declaration;
– Documents used to determine tax exemption status (if any);
– Original registration fee declaration;
4. Order and procedures for registering land changes
The land change registration process is carried out in two forms: face-to-face and online. Specifically:
4.1. Sequence of implementing direct land registration procedures
The process of registering land changes goes through the following steps:
- Step 1: Submit application at the office or competent authority;
- Step 2: Agency receives and processes documents;
- Step 3: The competent state agency reviews and approves the dossier;
- Step 4: Award the Land Change Registration Certificate.
Thus, the process of implementing land change registration procedures is carried out in a 4-step sequence. Here are the step-by-step details:
Step 1: Submit documents to the office or agency competent to register land use rights.
The land user shall submit the prepared dossier to the competent state agency or the dossier handling agency according to regulations issued by the People’s Committee of the province or centrally run city.
Accordingly, the Land Use Rights Registration Office under the Department of Natural Resources and Environment is the agency with full authority to handle land use rights registration documents.
In case the land user is a household, individual or residential community, a need arises that needs to be resolved, and the application must be submitted to the commune-level People’s Committee.
Step 2: Agency receives and processes documents
After submitting the application, the receiving department will process and check the validity, completeness and accuracy of the documents included in the application. There are cases as follows:
- In case the dossier is valid: The censorship department approves and receives the case, at the same time writes a receipt and transfers the case to the person with authority to resolve.
- In case the dossier is invalid/incomplete: The receiving department must send a notice of addition or adjustment to the dossier within 03 days from the time of receiving the dossier.
- In case the land user wishes to change the land use purpose and register changes in the contents of this procedure, the two above procedures need to be carried out at the same time.
- In case of submitting documents to the Commune People’s Committee: The Committee is obliged to transfer the documents to the Land Use Rights Registration Office within 03 working days from the date of receipt of complete and valid documents.
Step 3: The competent state agency reviews and approves the application
The land use rights registration office under the Department of Natural Resources and Environment is responsible for reviewing and checking the validity of documents. In case the application is approved, the following steps will continue:
- Cadastral measurement of a land plot when there are changes related to the land area, assets attached to the land or in cases where a Certificate has been issued but there is no cadastral map or cadastral measurement.
- Submit a form to collect opinions from the management and construction licensing agency in case of changes related to construction area, usable area, height, structure, level (class) of house or construction project. constructed without a permit or without a construction permit.
- Send cadastral information to the tax authority for determination, and at the same time notify the collection of financial obligations in case of having to pay land use fees or rent according to regulations.
- Confirm changes to the previously issued Certificate or prepare documents to submit to the state agency competent to issue the Certificate in case of reissuing land use rights certificates according to regulations of the Ministry of Natural Resources and Environment. environment. In case the land must be rented, it is necessary to notify the land user to sign or re-sign the lease contract with the competent authority.
- Correct and update changes in cadastral records and land database.
Step 4: The land use rights registration office hands over the Certificate to the grantee or sends it to the Commune People’s Committee for handing in case of submitting documents at the commune level.
4.2. Order and procedures for registering land changes online
The specific land change registration process will proceed in the following 4-step sequence:
Step 1: The account registrant logs in on the National Public Service Portal at: https://dichvucong.gov.vn
After successfully logging in, search and choose to submit public service records, enter information to register land changes and assets attached to land.
- Case 01: Successful authentication, choose to save the application;
- Case 02: If authentication fails, the system notifies the registrant to update the Registration Form.
Next, choose the method of sending the original documents, the originals of the attached documents. Choose the method of sending the original Certificate, the originals of the attached documents, and where to receive the results. Select to confirm the adjustment in the issued Certificate or issue a new Certificate of land use rights, ownership of houses and other assets attached to land.
Select submit profile. In particular, places to receive online land change registration applications include:
Branch of Land Registration Office/Land Registration Office (For localities that have not yet established a Land Registration Office District land use rights registration office.
Step 2: The agency receiving and processing documents carries out land administrative procedures in accordance with the provisions of the land law.
In case it is necessary to check, verify and clarify the cause but do not return the results within the prescribed time limit, the dossier receiving agency must issue a written notice clearly stating the reason to the land user through the service portal. public or SMS message.
In case the application does not meet the requirements or lacks information, the receiving officer will send a refusal notice or request to complete the application.
If the application is complete, the officer receiving the application will send a receipt and return the results.
Step 3. The receiving agency processes the dossier
Land management office leaders will access the information portal of the Ministry of Natural Resources and Environment or the province’s Public Service portal to assign teams to handle procedures. Officials are assigned to compare registration information against the land database, or records stored at the land registration office.
Land users are obliged to complete the registration fee on time by paying directly or online through the payment function of the Public Service Portal.
Step 4: The returned results are processed according to administrative procedures at the dossier receiving agency/postal service or at the requested location in case of receiving dossiers and returning procedure results. Register land and other assets attached to land.
5. Time limit for resolving land change registration
The time limit for land change registration lasts no more than 10 days in the following cases:
- Winning the auction for land use rights.
- Resolve conflicts, complaints and denunciations related to land.
- Handling mortgage contracts and capital contributions using land use rights.
- Distraint and auction of land use rights and assets on land to enforce judgments.
- Separation, separation, consolidation, merger of organizations or company transformation, agreement to consolidate or divide land use rights, ownership of assets attached to land of spouses, households or communities using land.
- Land changes due to changes in the name of the land owner, assets attached to the land, or changes in size, shape, area, terrain, land address, changes in restrictions on land use rights, Changes in financial obligations and assets attached to land compared to previously registered information.
In addition, from the date of land change, the time limit for completing land change registration is no more than 30 days based on the provisions of Clause 6, Article 95 of the Land Law.
