REQUIRED LAND REGISTRATION CASES IN VIETNAM
Land registration, according to existing laws, is a legal requirement of landowners, who must register their land-use rights. Land registration processes that are well-implemented would make it easier to protect land users' rights and interests, such as sale, conversion, lease, sublease, donation, inheritance, mortgage, and contribute capital with land use rights, while also allowing the state to perform well in land management. Land registration by land users is the foundation for safeguarding land ownership for all citizens. Land registration establishes the legal status of cadastral documents and land use rights certificates by legal procedures. Land registration establishes the legal responsibilities of State agencies in land management and land users in land management through legal procedures for creating cadastral records and granting land-use rights certificates. abide by the laws of the land. Land registration is required and important because legally binding documents such as cadastral records and land use rights certificates are the most informative and serve as the foundation for land registration. In the event of a dispute or infringement of rights, the State will protect a strictly legal basis for determining the rights and interests of land users. Furthermore, land registration specifies the legal obligations that land users must follow. So, in what circumstances must land registration be carried out in accordance with Vietnamese law? Let's find out together with Doanh Tri Law in the following article!
I. Legal basis
Land Law 2013
II. What is land registration?
According to the provisions of the Land Law 2013: Clause 15, Article 3 stipulates that “Registration of land, houses and other land-attached assets is the declaration and recording of the legal status of land use rights and rights. ownership of houses and other land-attached assets and land management rights for a parcel of land in the cadastral dossier.” Registration is made and applies to all land use cases (including those not eligible for certification) or entities assigned to manage land and other land-attached assets.
III. Required subjects of land registration in Vietnam
According to the 2013 Land Law, land registration is required for all land users as defined in Article 5 or assigned land for land management as prescribed in Article 8. Land registration is required of all land users. with land users and land assignees for management; registration of ownership of houses and other land-attached assets will be made at the owner's request (as prescribed in Clause 1, Article 95). The registration of land-attached assets, in particular, must be done at the request of the owner. Land, houses, and other land-attached assets must be registered, including initial registration and changes, at a land registration organization under a land management agency, in the form of paper or electronic registration, and have the same legal validity.
The following subjects are required to carry out land registration:
- Land users according to the provisions of Article 5, Land Law 2013
Article 5 provides for land users who are allocated or leased land by the State, have land-use rights recognized, or receive land use rights transfer in accordance with this Law, including:
- Domestic organizations include state agencies, units of the people's armed forces, socio-political organizations, political organizations, economic organizations, socio-political-professional organizations, and social organizations. associations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law;
- Domestic households and individuals;
- Religious establishments, including pagodas, church chapels, sanctuaries, sanctuaries, Buddhist recitation halls, monasteries, religious training schools, headquarters of religious organizations, and other religious establishments;
- Population communities include the Vietnamese community living in the same village, village, hamlet, hamlet, village, phum, squirrel, residential group, and similar residential area with the same customs, habits, or common family line;
- Foreign organizations with diplomatic functions include diplomatic missions, consular offices, and other foreign representative offices with diplomatic functions recognized by the Government of Vietnam; representative office of an organization of the United Nations, an intergovernmental agency or organization, a representative office of an intergovernmental organization;
- Foreign-invested enterprises include 100% foreign-invested enterprises, joint-venture enterprises, and Vietnamese enterprises in which foreign investors purchase shares, merge or repurchase in accordance with the law on investment;
- Vietnamese people residing abroad in accordance with the provisions of Vietnamese law on nationality.
- The person who is responsible before the State for land allocated for management according to the provisions of Article 8, Land Law 2013.
- The head of an organization is responsible before the State for the management of land in the following cases:
+ Organizations responsible to the State are assigned to manage public works, including works such as roads, bridges, culverts, sidewalks, water supply, and drainage systems, and system of irrigation works, dikes, and dams; squares, monuments, memorials;
+ Economic organizations responsible to the State are assigned to manage the land area for the implementation of investment projects in the form of build-transfer (BT) and other forms in accordance with the law on construction. invest;
+ Organizations responsible to the State assigned to manage land with a water surface of rivers and land with water surface for special use;
+ Organizations are responsible to the State assigned to manage the recovered land fund according to decisions of competent state agencies.
- Commune-level People's Committee presidents are responsible for the management of land used for public purposes assigned for management, unallocated land, and land not yet leased in the locality.
- The presidents of the People's Committees of the provinces and centrally-run cities are responsible for the management of unused land in the local uninhabited islands.
- The representative of the residential community is the person responsible for the land assigned to the residential community for management.
IV. Required land registration cases
According to the provisions of Vietnamese law on land, specifically in Article 95, Land Law 2015: “Registration of land, houses and other land-attached assets, including initial registration and registration of changes, shall be carried out at the land registration organization under the land management agency, in the form of paper registration or electronic registration and have the same legal validity.”
Clauses 3 and 4 of Article 95 prescribe the cases in which land registration is required:
- Land registration for the first time is carried out in the following cases:
+ The land plot is allocated or leased for use;
+ The land plot is being used without registration;
+ The land plot is allocated for management without registration;
+ Houses and other properties attached to land have not been registered.
-Registration of changes in the land shall be carried out in cases where the Certificate has been granted or registered with the following changes:
+ Land users and owners of land-attached assets exercise the rights to exchange, transfer, lease, sublease, inherit or donate land use rights and land-attached assets; mortgage or contribute capital with land use rights and land-attached assets;
+ Land users and owners of land-attached assets are allowed to change their names;
+ There is a change in shape, size, area, number, and address of the land parcel;
+ There is a change in land-attached assets compared to the registered contents;
+ Change of land use purpose;
+ There is a change in the land use term;
+ Change from the form of the land lease by the State with annual land rental to the form of the land lease with a one-off payment for the entire lease period; from the form of land allocation by the State without land use levy to the form of the land lease; from renting land to allocating land with collection of land use levy in accordance with this Law.
+ Transfer of land use rights, ownership of houses and other land-attached assets of the husband or wife into common land use rights and ownership of common property of husband and wife;
+ Separation of land use rights, ownership of houses and other land-attached assets of an organization or of a household or of a husband and wife or a group of common land users or property owners generally attached to the land;
+ Change of land use rights or ownership of land-attached assets according to successful conciliation results on land disputes recognized by competent People's Committees; agreement in the mortgage contract for debt settlement; decisions of competent state agencies on settlement of land disputes, complaints and denunciations about land, decisions or judgments of people's courts, judgment enforcement decisions of judgment enforcement agencies be enforced; written recognition of the auction results of land use rights in accordance with the law;
+ Establishing, changing, or terminating the limited use right of the adjacent land parcel;
+ There is a change in restrictions on the rights of land users.
The above information is about the "Required land registration cases in Vietnam." For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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