PROCEDURES FOR APPLYING A CERTIFICATE OF LAND USE RIGHTS, OWNERSHIP OF HOUSING RIGHTS, AND OTHER ASSETS ATTACHED TO LAND

I. Procedures for applying for a certificate of agricultural land use rights

Case 1 is using land stably and has one of the following documents:

• Documents on land use rights before October 15, 1993, issued by competent authorities during the implementation of land policies of the State of the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Central Republic of Vietnam. South Vietnam and the State of the Socialist Republic of Vietnam;
• Temporary land use rights certificate issued by a competent state agency or listed in the Land Registration Book or Cadastral Book before October 15, 1993;
• Legal documents on inheritance or donation of land use rights or assets attached to land; Papers for handing over charity houses and charity houses attached to land;
• Documents transferring land use rights, buying and selling houses attached to residential land before October 15, 1993, certified by the Commune People’s Committee as having been used before October 15, 1993;
• Documents for liquidation and valuation of housing attached to residential land; documents to buy state-owned housing;
• Documents on land use rights issued by competent agencies under the old regime to land users;
• Other types of documents established before October 15, 1993: Land inventory book, land survey book based before December 18, 1980, …

Case 2 does not have land use documents, the following requirements must be met:

• Currently using land before July 1, 2014;
• Have permanent residence in the locality and directly engage in agricultural production in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions;
• Confirmed by the Commune People’s Committee that the land is dispute-free and by the planning.

II. Procedures for applying for a certificate of residential land use rights.

Under Clause 1, Article 8 of Circular 24/2014/TT-BTNMT, households and individuals must prepare 01 sets of documents, including the following documents:

• Application for registration and issuance of Certificate according to Form No. 04a/DK.
• Documents of fulfillment of financial obligations; Documents related to the exemption or reduction of financial obligations related to land and assets attached to land (if any).

In addition to the above two types of documents, depending on the need to register land use rights or ownership of assets attached to the land or both land use rights and ownership of assets attached to the land, it is necessary to prepare documents. Prove each case, specifically:

• In the case of registering land use rights, one of the documents specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP must be submitted.
• In the case of registering ownership of property attached to land, there must be documents proving ownership of that property (usually the property that needs to be noted is a house).
• In case of registration of ownership of a house or construction work, there must be a diagram of the house or construction work (except in cases where the documents on request of the house or construction work already have a suitable diagram. compatible with the current status of houses and constructed works).

According to Clause 9, Article 7 of Circular 33/2017/TT-BTNMT, the person applying for a Certificate can choose to submit copies or originals of documents, specifically:

• Submit copies of documents that have been notarized or authenticated according to the provisions of the law on notarization and authentication.
• Submit copies of documents and present the originals to the person receiving the documents to check, compare, and confirm the copies.
• Submit original documents.

III. Procedures for converting agricultural land to residential land

Document preparation includes:

• Application for change of land use purpose according to Form No. 01 issued with Circular 30/2014/TT-BTNMT;
• Certificate of land use rights or Certificate of housing ownership and land use rights or Certificate of land use rights, ownership of housing, and other assets attached to land.

LEGAL GROUNDS

1. Land Law No. 45/2013/QH13
2. Decree 01/2017/ND-CP Amending the Decree guiding the Land Law;
3. Circular No. 30/2014/TT-BTNMT Regulations on documents for land allocation, land lease, change of land use purpose, and land recovery;
4. Decree 126/2020/ND-CP Detailing several articles of the tax administration law;
5. Decree 45/2014/ND-CP Regulations on collection of land use fees;
6. Decree 43/2014/ND-CP guiding the 2013 Land Law;
7. Circular 23/2014/TT-BTNMT regulates Certificates of land use rights, ownership of houses, and other assets attached to land;
8. Circular 24/2014/TT-BTNMT Regulations on cadastral records;
9. Circular 33/2017/TT-BTNMT Detailing Decree No. 01/2017/ND-CP dated January 6, 2017, of the Government amending and supplementing several decrees detailing the implementation of land law and amend and supplement several articles of circulars guiding the implementation of land laws.

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