1. What is Land and Land-Attached Asset Registration?
As stipulated in Clause 15, Article 3 of the Land Law of Vietnam 2024, Land and land-attached asset registration is the declaration of land use rights and ownership of land-attached assets by land users, owners of land-attached assets, and land managers to the competent state agency for recognition in accordance with this Law.
2. Principles of Land and Land-Attached Asset Registration
Land registration is mandatory for land users and those assigned land for management.
Land-attached assets, specifically houses and construction works, are registered at the owner’s request.
Land and land-attached asset registration includes initial registration and registration of changes. It can be carried out in writing or electronically, both having the same legal validity.
Land users, owners of land-attached assets, and land managers who have declared for registration will be recorded in the land cadastre and may be considered for the issuance of a Certificate of Land Use Rights, Ownership of Land-Attached Assets if they meet the conditions stipulated by the Land Law of Vietnam 2024.
3. Initial Registration
Initial registration for land and land-attached assets is carried out in the following cases:
– Parcels of land currently in use that have not yet been registered.
– Parcels of land allocated or leased by the State for use.
– Parcels of land assigned for management that have not yet been registered.
– Land-attached assets for which there is a demand for simultaneous registration with land registration in the above-mentioned cases.
4. Registration of Changes
According to Clause 1, Article 133 of the Land Law of Vietnam 2024, registration of changes is carried out for cases where a Certificate of Land Use Rights or a Certificate of House Ownership and Residential Land Use Rights or a Certificate of House Ownership or a Certificate of Construction Work Ownership or a Certificate of Land Use Rights, Ownership of Houses and Other Land-Attached Assets or a Certificate of Land Use Rights, Ownership of Land-Attached Assets has been issued, and there are any of the following changes:
(i) Land users or owners of land-attached assets exercise rights such as exchange, transfer, inheritance, or donation of land use rights, land-attached assets; capital contribution by land use rights, land-attached assets; lease, sub-lease of land use rights in infrastructure construction business projects; transfer of projects involving land use.
(ii) Land users or owners of land-attached assets are permitted to change their names.
(iii) Changes in information about land users or owners of land-attached assets on the issued certificate, not falling under point (b) of this clause.
(iv) Changes in boundaries, landmarks, dimensions of sides, area, parcel number, and address of the land parcel.
(v) Registration of ownership of land-attached assets on a parcel for which a Certificate of Land Use Rights or a Certificate of House Ownership and Residential Land Use Rights or a Certificate of Land Use Rights, Ownership of Houses and Other Land-Attached Assets or a Certificate of Land Use Rights, Ownership of Land-Attached Assets has been issued; registration of changes to land-attached assets compared to the previously registered content.
(vi) Change of land use purpose as stipulated in Clause 1, Article 121 of this Law; cases stipulated in Clause 3, Article 121 of this Law where the land user requests registration of changes.
(vii) Change in land use term.
(viii) Change in form of land allocation, land lease, payment of land use fees, land rent in accordance with this Law.
(ix) Changes in land use rights or ownership of land-attached assets due to division, separation, merger, amalgamation, conversion of organizational model, or agreement among household members or husband and wife, or groups of co-land users, groups of co-owners of land-attached assets.
(x) Changes in land use rights or ownership of land-attached assets according to the results of successful land dispute mediation recognized by the competent People’s Committee; agreements in mortgage contracts for debt settlement; decisions of competent state agencies resolving land disputes, complaints, or denunciations related to land; court judgments or decisions, enforcement decisions of enforcement agencies that have been executed; decisions or awards of Vietnam Commercial Arbitration resolving disputes between parties arising from commercial activities related to land; written recognition of land use right auction results in accordance with law.
(xi) Establishment, change, or termination of rights to adjacent land parcels.
(xii) Changes in limitations on the rights of land users.
(xiii) Changes in land use rights for constructing surface works to serve the operation and exploitation of underground works, ownership of underground works.
(xiv) Land users or owners of land-attached assets request the exchange or re-issuance of a Certificate of Land Use Rights or a Certificate of House Ownership and Residential Land Use Rights or a Certificate of House Ownership or a Certificate of Construction Work Ownership or a Certificate of Land Use Rights, Ownership of Houses and Other Land-Attached Assets or a Certificate of Land Use Rights, Ownership of Land-Attached Assets.
(xv) Land users or owners of land-attached assets exercise the right to mortgage land use rights, land-attached assets.
(xvi) Sale of assets, transfer, or assignment of land use rights as public assets in accordance with the law on management and use of public assets.
Note: For cases of registration of changes stipulated in (i), (ii), (ix), (x), (xi), and (xvi), the land user must register the changes with the competent agency within 30 days from the date of the change. In case of judgment enforcement, the deadline for registration of changes is calculated from the date of handover of the enforcement asset or auctioned asset; in case of inheritance of land use rights, the deadline for registration of changes is calculated from the date of completion of the division of land use rights as inherited property in accordance with civil law or from the effective date of the court judgment or decision.
