What is land registration? Procedures, processes and implementation documents

Land registration is a mandatory state regulation to ensure the rights of land users in accordance with the promulgated constitution. However, up to now, not everyone knows what real estate registration is, when it needs to be done, and how the latest registration procedures work.

1. What is land registration?

According to the provisions of Clause 15, Article 3 of the Land Law 2024: “Registration of land and assets attached to land is the act of land users, owners of assets attached to land, and people assigned to manage land to register their land. Declare land use rights and ownership of assets attached to land to competent state agencies to be recorded according to the provisions of this Law.”

This content has many new amendments and supplements to ensure the implementation of state land management functions as well as ensuring the rights of land owners.

The Land Law 2024 stipulates that land registration is mandatory; Specifically, it is mandatory for all land users in Article 4 or assigned land for management in Article 7. Land registration is mandatory for land users and people assigned land for management; Registration of ownership of houses and other assets attached to land is done at the request of the owner. (Clause 1, Article 131). As for the registration of assets attached to land, it is carried out at the request of the owner.

2. Terms of registration of land and assets attached to land

2.1. About the scope of registration

Registration is carried out for all cases of land use (including cases not eligible for certification) or cases of being assigned to manage land and assets attached to land.

2.2. About registration purposes

Registration is intended to “record the legal status of land use rights, ownership of houses, other assets attached to land and land management rights for a plot of land in cadastral records” and not a bundle of land. narrow in its purpose of “recording legal land use rights to establish the rights and obligations of land users”.

Because in the past, only when there were complete documents on land use rights could land users register and the registration was not complete, leading to lax land management, especially the situation of land allocation. Translation and transfer not according to regulations.

3. What types of land registration are there today?

According to the latest regulations, there are currently 2 forms of land registration including:

– First-time land registration;

– Land registration changes, also known as registration

3.1. Regulations on first-time land registration

3.1.1. Initial land registration is carried out in cases

– Plot of land allocated or leased for use;

– The land plot is being used but has not been registered;

– Plot of land allocated for management without registration;

– Housing and other assets attached to unregistered land.

3.1.2. First-time land registration documents

• Application for registration and issuance of certificate of land use rights, housing and other assets attached to land (According to form No. 4a/DK)
• Copy of household registration book, identity card, citizen identification card.
• For Vietnamese people living abroad, they must have copies of documents proving their eligibility and eligibility to own houses and use residential land in Vietnam, specifically:
• In case of holding a Vietnamese passport, it must be valid and have an entry verification stamp of the Vietnamese immigration management agency on the passport;
• In case of holding a foreign passport, it must be valid, have an entry verification stamp of the Vietnamese immigration authority on the passport and be accompanied by documents proving Vietnamese nationality. Or documents certifying that one is of Vietnamese origin issued by the Department of Justice of provinces and centrally run cities, Vietnamese representative agencies abroad, management agencies for Vietnamese people abroad or other documents. according to the provisions of Vietnamese law.
• Authenticated copy of documents proving land use rights as prescribed in Article 100 of the Land Law or Article 18 of Decree 43/2014/ND-CP.
• Certified copies of documents on assets attached to land as prescribed in Articles 31, 32, 33, 34 of Decree 43/2014/ND-CP (if there are assets and require ownership certification).
• House and construction diagrams need to be registered in case the documents in section 4 above do not have a diagram specifically describing the location and design of the construction or other assets.
• Copies of documents related to the performance of financial obligations, documents related to exemption or reduction of financial obligations (if any), …
• If performing the first registration procedure through authorization, an original authorization letter is required.

3.1.3. Procedure for first land registration

Step 1: Submit the first land registration application

Individuals, households, and organizations carrying out land registration should submit documents at:

– One-stop department, which receives and returns results of administrative procedures of the People’s Committee of the commune (ward) where the land is located;

– District Land Registration Office Branch (district), where the land is located;

Individuals and households receive application receipt slips and result return appointment slips. Receive results at the one-stop department according to the appointment card.

Step 2: Receive and process initial land registration documents

– If the application is complete and valid: The application will be received at the one-stop department. At this time, the application is recorded in the application receipt book and the applicant receives a receipt slip.

– If the application is not valid: Within 03 working days, the agency receiving and processing the application must notify and guide the submitter on additional documents to complete the application.

Step 3: Resolve the first land registration request

Time to carry out initial registration procedures for land, housing and other assets attached to land: No more than 30 working days, counted from the date of submitting a valid application.

The above time does not include: Weekends and holidays; Time to receive documents at the commune (ward) and time to fulfill financial obligations of land users.

After processing valid documents: Land users and owners of houses and other assets attached to land receive a Land Registration Certificate.

3.2. Registering land changes (Real estate registration)

3.2.1. What is real estate registration?

Registering real estate first is one of the extremely important procedures. This is the decisive step to legalize real estate according to state regulations.

Before understanding the concept of real estate registration, we need to understand exactly what registration is. Registration is essentially just another word for registration.

So from this concept we can understand that real estate registration is real estate registration including items of land, housing, and assets attached to land.

Real estate registration simply means registering and registering land ownership

In fact, real estate registration has not been specifically defined or regulated in any law. Therefore, real estate registration from the perspective of lawmakers can be understood as registration of changes in issues related to land use rights, housing ownership, and assets attached to land, including: Transfer the pink book or red book to transfer ownership and use of the house or real estate to another person.

Or in some cases, it can also be understood that real estate registration is an important procedure for land registration. This procedure is clearly stipulated in Clause 15, Article 3 of the Land Law 2024 as follows: “Registration of land and assets attached to land is the act of land users, owners of assets attached to land, assigned to manage land, declare land use rights and ownership of assets attached to land to competent state agencies to be recorded according to the provisions of this Law.”

3.2.2. When is it necessary to register real estate?

According to regulations, to ensure the rights and obligations of the parties involved in conducting real estate registration procedures, one of the following three cases must occur:

Case 1: When there is a change in real estate use rights

In this case, real estate must be registered when carrying out transactions of buying and selling, donating, receiving inheritance, dividing assets… from the old owner to the new owner.

Case 2: Register to update land plot information

In this case, real estate registration is to update information about changes in real estate such as: shape, size, area, code number, land use purpose, land use period, …

Case 3: When real estate needs to be re-registered

This is the case of registration when there is a change in assets attached to land compared to previously registered content such as repairing houses on land, converting land use or

3.2.3. Real estate registration and registration procedures

In fact, many people still encounter difficulties with registration procedures and processes. The basic steps in the latest real estate registration process include:

Step 1: Fill in all information in the Land Change Registration Form, along with some other documents to complete the registration application.

All people involved in the registration of land changes, including: the transferor (seller, donor/gifter) and the transferee (buyer, recipient/gifter) come to the notary office to draw up a transfer contract.

The transfer contract includes the following types of documents:

• Notarization request form;
• Draft Transfer Contract;
• Certificate of land use rights, ownership of houses and other assets attached to land;
• ID card or Citizen identification card of both parties;
• Household registration books on both sides;
• Marriage certificate or certificate of marital status of both parties.

After the contract has been drawn up, within 10 days the parties must declare and pay the registration fee and personal income tax in full.

Step 2: Submit all registration documents to the Land Registration Office of the People’s Committee of the district where the land is located

When needing to carry out a real estate transfer transaction, buyers and sellers need to go through procedures at a competent state agency. For land change registration procedures, it will take place at the District People’s Committee – where the real estate to be registered is located.

To register a name transfer or update changes related to real estate, you basically need the following necessary documents:

• 02 registration fee declaration copies and signed by the transferee
• 02 copies of personal income tax declaration signed by the transferor. Particularly in the case of giving away, there are 04 copies.
• 01 certified copy of certificate of land use rights (red book) or ownership of housing and assets attached to land (pink book).
• ID card/Citizen identification card + Household registration book of both buyer and seller, each with 01 copy and certified by a competent authority.
• Registration fee declaration: Owners of fixed assets (real estate) from transfer activities are responsible for paying 0.5% of the fixed asset value. And this fee can be waived if you donate, donate, or inherit with documents proving it according to the law.

Step 3: Complete financial obligations at the Tax Authority

After completing the drafting and submitting the real estate registration dossier to the People’s Committee of the district where the house or land is located, the next step is to complete the financial obligations at the Tax Authority.

Types of fees that people who pay real estate registration will have to pay include:

• Cadastral fees;
• Appraisal fee;

In addition, there are also fees for issuing red books and pink books calculated separately for each specific case.

Thus, it can be seen that the cost of registering land changes is not fixed but depends on each specific case, depending on each locality, the cost is calculated differently.

You can contact the People’s Committee of the district where the land is located to know in advance the local land price. From there, you can easily visualize and calculate the real estate registration costs you will have to pay.

Step 4: Receive results and complete real estate registration procedures

Red books and pink books will be issued after the parties pay all fees according to the provisions of the law of the Socialist Republic of Vietnam. In particular, the time to complete the name transfer registration procedure according to the provisions of law will not exceed 22 working days.

3.2.4. How long does registration take?

The time to complete the land change registration procedure is usually 15 – 20 days, but that is the name transfer registration procedure. As for registration cases due to changes in the land, the time may be extended due to the time it takes to measure, draw, appraise…