Land Change Registration for Land Swaps: A Guide

The land change registration for land swaps is a procedure for agricultural land transactions between households, individuals, or organizations outside of formal land consolidation plans. Proper execution of this procedure facilitates subsequent transfers, mortgages, or inheritances. It also enhances land management efficiency and promotes transparency in the national land database. This guide details the steps to complete this land change registration.

Scope and Conditions

This land change registration for land swaps applies when parties exchange agricultural land parcels. This procedure is regulated alongside cases of land transfer, inheritance, donation, and capital contribution using land use rights.

The conditions for swapping agricultural land are specified in Article 47 of the 2024 Land Law and referenced in Administrative Procedure No. 1.012765 under Decision 2304/QD-BNNMT of 2025. They include:

Party Conditions:

• Parties must be households, individuals, or organizations with legal agricultural land use rights and full legal capacity.
• All participants in the transaction must have full civil act capacity and must not be in violation of any land laws.

Purpose, Location, and Term Conditions:

• The purpose of the land swap must be for agricultural production. The land use purpose cannot be altered after the swap.
• The land parcels involved must be within the same commune, ward, or township and be of the same agricultural land type. The post-swap land area must not exceed the agricultural land use limit specified in Article 20 of the 2024 Land Law.
• The land use term for the involved parcels must be valid and free of disputes.

Legal Document Conditions:

• All parties must possess a Land Use Rights Certificate (LURC) or other legal documents proving their land use rights.
• The land parcel must not be subject to any mortgage, security interest, seizure, or temporary hold by a competent authority.
• The land swap must be formalized through a contract or written agreement as required by civil law.

Competent Authority

According to Administrative Procedure No. 1.012765, the agency directly handling the land change registration for land swaps is the Land Registration Office or its local Branch.

• The Land Registration Office processes dossiers for domestic organizations, religious organizations, foreign organizations with diplomatic functions, foreign-invested economic organizations, and foreign entities/individuals.
• The Land Registration Office or its Branch processes dossiers for individuals, residential communities, and overseas Vietnamese.

Coordinating agencies in the registration process include:

• Tax authorities, which determine and notify parties of any financial obligations arising from the land swap.
• Public Administration Service Centers, which may receive dossiers on behalf of the Land Registration Office under a one-stop-shop mechanism.
• Commune-level People’s Committees, which provide information on current land use status and confirm the absence of disputes when required.

Dossier Composition

As per Administrative Procedure No. 1.012765, the dossier for the land change registration for land swaps includes:

• An application for registration of changes in land and assets attached to land (using Form No. 18 issued with Decree No. 151/2025/ND-CP).
• The original issued LURC.
• The contract or written agreement regarding the exchange of land use rights and ownership of assets attached to land.
• A cadastral survey extract of the land parcel if the user needs to re-verify the dimensions and area of the plot.
• Written consent from a mortgagee if the land use rights are currently mortgaged and registered at the Land Registration Office.
• A power of attorney document if the procedure is carried out through a representative.

>>> See more at: Form No. 18 issued together with Decree No. 151/2025/NĐ-CP.

Procedure for Resolution

The resolution process, outlined in Administrative Procedure No. 1.012765, involves the following steps:

Step 1: Dossier Submission The applicant submits the dossier to one of the following agencies:

• Individuals and communities submit to the Public Administration Service Center or the Land Registration Office (or its Branch).
• When donating land to the State or for public works, the dossier is submitted to the Commune-level People’s Committee. Applicants may submit notarized/certified copies or present originals for verification. For online submissions, documents must be digitized from originals. The original LURC must be submitted if changes are to be recorded on it.

Step 2: Dossier Reception and Processing The receiving agency checks the dossier’s completeness and issues a receipt with a result return date. If incomplete, the dossier is returned with a request for supplementation. The receiving agency then forwards the complete dossier to the competent Land Registration Office or its Branch.

Step 3: Execution by the Land Registration Office The Land Registration Office or its Branch performs the following tasks:

• Verifies the conditions for exercising the land use rights. If conditions are not met, the dossier is returned with an explanation.
• Sends a request to the tax authority (using Form No. 19 of Decree No. 151/2025/ND-CP) to determine any financial obligations.
• Updates and amends the cadastral records and the land database.
• Issues a new LURC or confirms the changes on the existing LURC.
• Delivers the LURC to the applicant (or the receiving agency for delivery) after financial obligations are confirmed as fulfilled by the tax authority.

>>> See more at: Online Land Registration Changes: A Guide

Resolution Timeline

According to Administrative Procedure No. 1.012765, the timeline for the land change registration for land swaps is:

• Not exceeding 08 working days for the exchange of agricultural land use rights.
• Not exceeding 18 working days for communes in mountainous, island, remote, or socio-economically disadvantaged areas.

Note: This timeline does not include the time required for fulfilling financial obligations, public notices, expert assessments, or handling any legal violations.

Services at Long Phan Consulting Company

Long Phan Consulting Company offers expert services for the land change registration for land swaps. Our professional support includes:

In-depth Consultation:

• Analyzing the legal conditions of the land swap transaction under the 2024 Land Law.
• Assessing the feasibility and risks of the transaction.
• Providing solutions to save time and costs.

Administrative Representation:

• Preparing a complete registration dossier.
• Submitting the dossier to the competent authority (Land Registration Office or its Branch).
• Monitoring the processing progress and resolving any issues that arise.

Document Drafting and Completion:

• Guiding clients to identify all necessary paperwork.
• Drafting legal documents and forms according to current regulations.
• Reviewing and finalizing the dossier to prevent errors.

Our team of highly qualified experts at Long Phan Consulting Company provides the most thorough support, ensuring a seamless process for every client.

Frequently Asked Questions

When does this registration procedure apply and what are the conditions?

This procedure applies when households, individuals, or organizations swap agricultural land. Parties must meet the conditions for exercising land user rights as specified in Article 47 of the 2024 Land Law. (Legal basis: Article 47, Land Law 2024; Decision 2304/QD-BNNMT of 2025).

Are there financial obligations (taxes, fees) for swapping agricultural land?

Under Article 47 of the 2024 Land Law, swapping agricultural land within the same provincial administrative unit is exempt from personal income tax and registration fees. However, you must pay a dossier appraisal fee and a fee for issuing the LURC as regulated by Circular 85/2019/TT-BTC and Circular 106/2021/TT-BTC.

Which agency is competent to receive and resolve the dossier?

The competent agency is the Land Registration Office or its Branch. The Land Registration Office handles dossiers for organizations, while either office can handle dossiers for individuals. (Legal basis: Administrative Procedure No. 1.012765).

How long does the procedure take?

The resolution time is up to 08 working days for standard cases and up to 18 working days for disadvantaged areas. (Legal basis: Administrative Procedure No. 1.012765).

Conclusion

The land change registration for land swaps requires a thorough understanding of legal regulations and procedures. Preparing a complete and accurate dossier is essential for a smooth process. Long Phan Consulting Company is committed to providing professional and effective support for your land registration needs. Contact our hotline at 1900636389 for expert consultation on land procedures.