Guide to First-time Land Certificate Grant

The First-time Land Certificate Grant procedure has seen fundamental changes since July 1, 2025. Completing this procedure under the new land law enhances land management transparency, prevents disputes, and facilitates economic development for households and individuals. This article by Long Phan Consulting Company provides a detailed analysis of each updated step in the process effective from July 1, 2025.

Competent Authority for a First-time Land Certificate Grant

According to Point h, Clause 1, Article 5 of Decree No. 151/2025/ND-CP on the transition of authority, from July 1, 2025, the Chairman of the commune-level People’s Committee (UBND) has the authority to grant a Land Use Rights Certificate to individuals and residential communities in cases of land allocation, land lease, or recognition of land use rights by the State.

This authority applies to those using land stably and meeting the conditions for a certificate but who have not previously been granted one. A prerequisite is that the land user must have legal land use rights as defined in Article 4 of the Land Law 2024.

Required Dossier for a First-time Land Certificate Grant

As per Subsection I, Section B, Appendix V of Decree No. 151/2025/ND-CP, households, individuals, and residential communities must prepare one dossier set including the relevant documents from the following list:

• An application for registration of land and assets attached to land (Form No. 15 issued with the Decree).
• One of the documents on land use rights as specified in Article 137; Clause 1, Clause 5 of Article 148; Clause 1, Clause 5 of Article 149 of the Land Law 2024. A diagram of the house or construction work is required if applicable.
• Documents on inheritance of land use rights (for inherited land yet to be certified).
• Documents on land allocation by an incompetent authority or papers on the purchase, liquidation, or sale of state-owned housing and works attached to land.
• Documents on the transfer of land use rights signed by both the transferor and transferee (for transfers where the name change procedure has not been completed).
• A written document identifying all members with joint land use rights (for household registration).
• Proof of fulfillment of financial obligations (e.g., tax receipts) or documents related to tax exemption or reduction.
• A cadastral map extract of the land parcel.
• A contract or written agreement establishing limited use rights over an adjacent parcel, with a diagram showing the location.
• Documents related to penalties for administrative violations in the land sector (if the land parcel was subject to a violation and penalty).
• A confirmation from the district-level construction management agency on the eligibility of the house or construction work to exist (for works requiring a construction permit that was not obtained).
• Design dossiers or construction completion documents (for certifying ownership of works on agricultural land without standard ownership papers).

Note: Land users should prepare the appropriate documents from this list based on their land’s origin and current use status.

Procedure for a First-time Land Certificate Grant

Based on the procedure for the first-time registration of land and attached assets for individuals, residential communities, and households in Subsection II, Section C, Part V, Appendix I of Decree 151/2025/ND-CP, the First-time Land Certificate Grant process from July 1, 2025, follows these steps:

Step 1: Prepare and Submit Dossier at the One-Stop-Shop Prepare one complete dossier set as listed above and submit it to the One-Stop-Shop of the commune/ward-level Public Administration Service Center where the land is located.

Step 2: Dossier Receipt and Transfer The One-Stop-Shop official will conduct a preliminary check of the dossier’s components and validity. If complete, a “Dossier Receipt and Appointment Slip” will be issued, and the dossier will be forwarded to the commune-level UBND for processing. If incomplete, the dossier will be returned with a “Request for Supplementation and Completion” slip detailing the required additions.

Step 3: Check Cadastral Dossier The commune-level UBND will:

• Extract the cadastral map for areas with existing maps.
• For areas without a cadastral map but with a parcel extract, the UBND will verify it. If no extract exists, the UBND will request a licensed surveying unit to perform the measurement within 5 working days. The land user bears the survey cost.

Step 4. Verify Current Status and Legal Standing The commune-level UBND will verify the following:

1. Current Use: Presence of housing or other works attached to the land.
2. Dispute Status: Whether there is any dispute over the land or attached assets, based on any pending conciliation or resolution requests at the UBND or notifications from other competent authorities.
3. Origin and Use History:
   • If the user has documents under Clause 7, Article 137 of the Land Law 2024, the origin and stable use are confirmed.
   • If no valid documents exist, the origin and stable use are determined based on other papers, invoices, maps, or applications.
   • If a document’s date is unclear, the time of establishment is based on the user’s declaration.
   • If no documents exist and other papers show conflicting use dates, the earliest date is used.
4. Planning Conformity: The land’s conformity with relevant plans (land use plan, forestry plan, construction plan) is confirmed.

Step 5: Public Posting of Verification Results To ensure transparency, the verification results will be publicly posted at the commune UBND headquarters and the local residential community center for 15 days. During this time, the UBND will receive and address any feedback from the public.

Step 6: Check Conditions for Certificate Grant The commune UBND will determine if the land meets the legal conditions for granting a Land Use Rights Certificate.

Step 7: Notify Results

• Not Eligible: The UBND will issue a Notice of Land Registration Results and transfer it to the One-Stop-Shop. The dossier is then sent to the Land Registration Office to update the cadastral records and land database.
• Eligible: A “Financial Obligation Information Form” is sent to the tax authority. The tax authority calculates and notifies the land user of their financial obligations. The Land Use Rights Certificate is granted after the land user fulfills these obligations.

Taxes and Fees for a First-time Certificate

Applicants for a First-time Land Certificate Grant must fulfill related financial obligations.

Appraisal and Issuance Fees

These are mandatory fees. As per Circular No. 85/2019/TT-BTC and Circular 106/2021/TT-BTC, the specific rates are determined by the provincial/municipal People’s Council to suit local conditions. Applicants should consult the local fee schedule, typically available at the One-Stop-Shop or the provincial UBND website.

Land Use Fee

This is the most significant financial obligation and depends on the land’s origin and time of use as regulated by the Land Law 2024. According to Clause 1, Article 1 of Decree 103/2024/ND-CP, cases requiring payment of the land use fee include:

• Land allocated by the State with collection of a land use fee.
• Land use purpose changed to a type for which the State collects a land use fee.
• State recognition of land use rights or adjustments to allocation decisions or plans that create a land use fee obligation.

Registration Fee

According to Decree 10/2022/NĐ-CP, organizations and individuals must pay a registration fee when registering ownership or use rights for houses and land. The fee rate for houses and land is 0.5% of the assessed value.

As per Decree 10/2022/ND-CP and Circular 13/2022/TT-BTC, the value of land for the registration fee is calculated as: Value (VND) = Taxable Land Area (m²) x Price per square meter (VND/m²) from the provincial Land Price List.

>>> See more at: Vietnam Property Fees for Overseas Vietnamese

Consulting Services from Long Phan Consulting Company

Long Phan Consulting Company provides professional services for the First-time Land Certificate Grant procedure. Our work includes:

• Assessing dossier status, land parcel conditions, and the likelihood of a successful grant.
• Advising on the procedure, required documents, and financial obligations.
• Developing solutions for legal issues to protect client interests.
• Guiding clients to prepare a complete and accurate dossier.
• Assisting in completing all required forms and applications.
• Drafting necessary legal documents (explanations, commitments) to strengthen the dossier.
• Representing clients to submit the dossier and conduct transactions at state agencies.
• Monitoring processing progress and working with officials to expedite the application.
• Receiving the final Land Use Rights Certificate and delivering it securely to the client.

Frequently Asked Questions

For stably used land with no origin documents, how does the commune UBND verify it?

The commune UBND will establish a consulting council to gather opinions from long-term residents, review old records, and check against the current land use and planning conformity to confirm the origin and start time of use. Legal basis: Article 137, Land Law 2024.

If a dossier is deemed ineligible, can the applicant appeal or reapply?

The applicant has the right to file a complaint against the administrative action of the commune UBND or file an administrative lawsuit in court. Alternatively, after rectifying the reason for rejection, the applicant can re-submit the dossier for reconsideration. Legal basis: Article 7, Law on Complaints 2011.

What is the specific role of the Land Registration Office in the new procedure?

The Land Registration Office acts as the specialized agency responsible for updating and adjusting land parcel information in the cadastral records and national land database after the Certificate is issued, ensuring consistency in state management.

Can applicants complete the procedure electronically?

The law encourages electronic administrative procedures. Depending on local technological infrastructure, applicants may be able to submit dossiers online via the National Public Service Portal or provincial portals and track progress online. Legal basis: Subsection II.1, Section C, Appendix V, Decree No. 151/2025/ND-CP.

What is the core difference in the procedure before and after July 1, 2025?

The core difference is the significant decentralization of authority for granting certificates to individuals, households, and communities to the Chairman of the commune-level UBND. This change is expected to simplify and shorten the process, making it more accessible to citizens. Legal basis: Point h, Article 5, Decree No. 151/2025/ND-CP.

Conclusion

Understanding the First-time Land Certificate Grant procedure updated from July 1, 2025, is crucial for protecting legal rights. Proper preparation and adherence to the process will ensure a swift and effective outcome. For professional assistance, contact Long Phan Consulting Company at our hotline: 1900636389 for detailed consultation.