Land change registration is a crucial process that helps land users protect their rights and maintain transparency in asset management. The implementation of this procedure not only facilitates transactions and sales but also contributes to ensuring stability and sustainable development in the real estate sector. In the article below, Long Phan will provide detailed information about the process and procedures for land change registration according to the latest regulations.
Current land change registration procedures
Cases requiring registration of land changes
According to Clause 1, Article 133 of the Land Law 2024, it specifically stipulates cases where land change registration is required. The land registration office receives and processes change registration documents according to legal regulations.
Cases requiring registration of land changes include:
Convert, transfer, inherit, donate land use rights.
Contribute capital with land use rights and assets attached to land.
Lease and sublease of land use rights.
Change the name of the land user.
Change information about land users.
Adjust the area, boundaries, number and address of the land plot.
Register ownership of assets attached to land.
Change of land use purpose.
Change in land use term.
Adjust the form of land allocation and payment of land use fees.
Change in land use rights due to division, separation or consolidation.
Change of rights according to the results of land dispute conciliation.
Establish or terminate rights to adjacent land plots.
Changes limit the rights of land users.
Change of land use rights for construction works.
Request for replacement or re-issuance of land use rights certificates.
Exercise the right to mortgage land use rights and attached assets.
Transfer of land use rights is public property.
In case registration is required
Regulations on procedures for registering land changes
Profile components
According to Clause 1, Article 37 of Decree 101/2024/ND-CP, the land change registration application requires all components. The person requesting registration must submit the application directly or via the public postal service. The land registration office checks the validity of the documents.
Land change registration dossier includes:
Land change registration application according toForm No. 11/DK
Certificate of land use rights issued
Legal documents on land changes for each case:
Land use rights transfer contract
Will or inheritance documents according to regulations
Contract for donation of land use rights
Contract for capital contribution using land use rights
Contract for mortgage of land use rights
Decision of a competent state agency.
Authorization document (if the representative performs the procedure)
Documents of fulfillment of financial obligations (if any)
Document from the tax authority confirming the completion of financial obligations
In case of handling mortgaged assets, distraint and auction of land use rights, the submission of documents is done by the organization performing the processing or the recipient of the rights.
Execution order
According to the provisions of Article 37, Decree 101/2024/ND-CP stipulates the procedure for registering land changes in steps. Processing time depends on the type of fluctuation and locality. The receiving agency is responsible for guiding people on implementation.
Steps:
Step 1: Submit application
The requester submits 01 set of documents through the following forms:
Submit directly to the competent authority
Submit online
Or via postal service
Step 2: Check your profile:
The application receiving agency will check the completeness and validity of the application.
If the dossier is incomplete, the receiving agency will provide instructions for amending and supplementing the dossier.
Step 3: Document appraisal:
The land registration agency will conduct document appraisal and field verification if necessary according to regulations.
Step 4: Fulfill financial obligations:
Tax authorities determine and notify and land users fulfill financial obligations as required.
Jurisdiction to resolve
According to Clause 2, Article 37, Decree 101/2024/ND-CP clearly defines the authority to handle land change registration procedures. Agencies are responsible for coordinating the processing of documents according to regulations. The land registration office plays a leading role in the settlement process.
Resolving authority is assigned as follows:
In case the dossier-receiving agency is the One-Stop Department according to regulations of the Provincial People’s Committee on receiving dossiers and returning results of administrative procedures at the provincial, district, and commune levels, The Land Registration Office, Land Registration Office Branch, then transfer the documents to the Land Registration Office.
In case of redefining the residential land area according to the provisions of Clause 6, Article 141 of the Land Law 2024, the receiving agency will transfer the dossier to the agency with district-level land management functions.
Competent agency receives and processes documents
The time limit for resolving land change registration procedures
The time limit for resolving land change registration procedures according to the provisions of Article 22 of Decree 101/2024/ND-CP. The land registration office is responsible for resolving the matter on time. Time does not include time to fulfill financial obligations. The settlement time limit is specifically specified as follows:
Time to register land changes and issue land use rights certificates:
Transfer, inheritance, donation of land use rights: no more than 10 working days.
Selling or contributing capital with assets attached to land: no more than 10 days (not including time to determine land price).
Lease or sublease of land use rights in the project: no more than 5 working days.
Delete land lease registration: no more than 3 working days.
Rename or change land user information: no more than 5 days; Area reduction due to landslides: no more than 10 days.
Change of land use rights restrictions: no more than 7 working days.
Households and individuals establishing businesses: no more than 10 days (not including time to determine land price).
Registering ownership of assets attached to land: no more than 10 days; Change of registered property: no more than 7 days.
Change of land use rights due to division or separation: no more than 8 working days.
Receive land use rights according to conciliation results: no more than 8 days.
Receive land use rights due to handling of mortgaged assets: no more than 8 days.
Change of land use rights for underground construction: no more than 15 days.
Selling public property or transferring land use rights: no more than 10 days.
Delete land use fee debit: on the day of receiving complete documents.
Issuance of Certificate according to planning: no more than 5 days.
Registration of changes in land use purpose: no more than 10 days.
Time to renew Certificate:
Cases specified in points a, b, c, d, đ, e, g and h: no more than 5 working days.
In the case specified in point i: no more than 10 days.
Issued simultaneously to many people: according to the approved project.
Consulting services and support for land change registration in Long Phan
With a team of experts who understand land law and administrative procedures, Long Phan provides legal consulting services on land. The services we provide include:
Consulting on land change registration procedures according to the latest current regulations
Support in preparing and drafting documents according to current regulations
Representing customers to carry out administrative procedures with competent state agencies
Monitor the progress of land change registration documents
Support in fulfilling financial obligations after registration
Consulting and support in case of disputes over land use rights
Consulting on implementing other procedures related to land such as transfer, inheritance, donation of land use rights, etc.
Land change registration procedures are an important step in managing and protecting the legal rights of land users. Through this process, information on land use rights and assets attached to land will be updated accurately, contributing to enhancing transparency and stability in land management. For in-depth consulting support on land change registration procedures, please contact Long Phan via the hotline: 0906735386.
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Luật sư Trần Tiến Lực
Lawyer Luc Tien Tran – a dedicated and deeply knowledgeable professional in the fields of construction consulting, real estate consulting, and intellectual property consulting. His expertise, experience, and profound understanding of related issues make him a reliable partner. Mr. Luc's professionalism and dedication will provide optimal solutions and help clients achieve their desired business outcomes.