Registration of Land Changes upon Establishment of Private Enterprise

The Registration of Land Changes upon Establishment of Private Enterprise (specifically when a household member or individual land user establishes a private enterprise and uses the land for the enterprise’s business activities) aims to record changes in the land user, land use purpose, and form of land exploitation in accordance with land and enterprise laws. Timely registration ensures the legality of land use rights, minimizes dispute risks, and creates a foundation for stable, long-term business operations. This article outlines the dossier and procedure for this registration.

The competent authority shall register changes in land use when a member of a household or individual currently using the land establishes a private enterprise and uses the land for the enterprise’s production and business activities.

According to Subsection 3, Section B, Part II of Decision No. 2304/QD-BNNMT dated June 23, 2025:

• Competent Authority: The Land Registration Office is the specialized agency responsible for receiving and processing the procedure.
• Online Submission: The Provincial Public Service Portal or National Public Service Portal serves as the official reception channel. The system automatically routes the dossier to the competent specialized agency based on the administrative location of the land.

This clear separation between the receiving agency (focal point) and the processing agency (specialized unit) ensures a smooth process and minimizes direct contact.

Required Dossier for registering changes in land use when bringing existing land into use for business production activities of enterprises.

Based on Subsection II, Section B, Part V, Appendix I of Decree 151/2025/ND-CP, the dossier includes:

1. Registration Application: Application for registration of changes to land and land-attached assets (Form No. 18, Decree 151/2025/ND-CP).
2. Issued Certificate: The original Certificate (Red Book/Pink Book).
3. Enterprise Registration Certificate: (Copy).
4. Agreement Document: A notarized or certified written agreement of all members sharing land use rights, consenting to transfer the land use rights to the enterprise (for household land).
5. Technical Drawing: Drawing of land plot splitting or merging (Form No. 22, Decree 151/2025/ND-CP) if the registration involves splitting or merging plots.
6. Authorization Document: Document on representation in accordance with civil law (if performing the procedure via a representative).
7. Map Extract: Extract of the cadastral map of the land plot if the land user wishes to re-measure to determine the dimensions and area of the plot.

Procedures for registering land use changes in cases where a household member or individual currently using the land establishes a private enterprise and uses the land for the enterprise’s production and business activities.

The procedure follows the steps prescribed in Subsection VI, Section C, Part V of Decree 151/2025/ND-CP:

Step 1: Submission The applicant submits the dossier to the Public Administration Center or the Land Registration Office in the province.

• Submission Methods: Applicants may submit copies and present originals for comparison, submit certified copies, or submit originals.
• Online: Documents must be digitized from originals or certified copies.
• Note: Upon receiving the result, the applicant must submit the original documents (except for the Enterprise Registration Certificate).

Step 2: Reception The receiving agency:

• Checks the completeness of the dossier.
• Issues a Receipt and Appointment Slip.
• If incomplete, issue a Request for Supplementation.
• Transfers the dossier to the Land Registration Office (if received at the Public Administration Center).

Step 3: Processing The Land Registration Office performs the following:

• Checks and approves the cadastral map extract (if re-measurement is requested).
• Extracts the cadastral map (if the current map is unavailable or damaged).
• Updates the cadastral records and land database.
• Issues a new Certificate or confirms changes on the existing Certificate (for cases not requiring financial obligations).
• Hands over the Certificate to the applicant or the receiving agency.

Long Phan Consulting provides consulting services on procedures for registering changes in land use for cases where the current land user establishes a private enterprise and uses the land for the enterprise’s operations.

Long Phan Consulting Company provides comprehensive solutions for private enterprise owners:

1. Planning & Consulting:
   • Analyzing the plan to transfer individual/household land rights to a private enterprise; assessing pros/cons and legal risks.
   • Advising on land valuation for capital contribution or business use.
   • Advising on tax, fee, and accounting obligations.
2. Dossier Handling:
   • Reviewing dossiers for complex cases (land without cadastral maps, undivided inheritance, inconsistent records).
   • Supporting financial obligation processing, change of land use purpose, or mortgage release.
   • Assisting in resolving boundary disputes.
3. Post-Registration Support:
   • Guiding land management and use compliance.
   • Advising on tax/accounting obligations after the transfer.
   • Supporting subsequent procedures (construction permits, asset registration).

Frequently Asked Questions about Registration of Land Use Changes for Cases where a Household Member or Individual Using Land Establishes a Private Enterprise and Uses the Land for the Enterprise’s Production and Business Activities.

Below are some frequently asked questions regarding the registration of land use changes for cases where a household member or individual using land establishes a business and uses the land for the business’s production and trading activities. Please refer to them:

What is the processing time?

It does not exceed 08 working days from the receipt of a valid dossier (excluding holidays, submission time at commune level, time for financial obligations, and handling of violations). (Legal Basis: Subsection II, Section A, Appendix I, Decree 151/2025/ND-CP).

Is the original Enterprise Registration Certificate required?

No. The receiving agency checks the information on the National Database on Business Registration. The applicant only needs to provide a copy or the enterprise code. (Legal Basis: Clause 7, Subsection II.2, Section B, Appendix I, Decree 151/2025/ND-CP).

Can only the head of the household sign the application?

No. For household land, the law requires a notarized/certified written agreement of ALL members sharing land use rights. (Legal Basis: Subsection II, Section B, Part V, Appendix I, Decree 151/2025/ND-CP).

What happens to the land if the enterprise dissolves?

The enterprise owner must liquidate assets to pay debts. The remaining assets (including land) revert to the private enterprise owner. The owner must then register a change to transfer the title back to the individual. (Legal Basis: Law on Enterprises 2020; Law on Land 2024).

Can agricultural land be used for business?

Yes, but it requires a change of land use purpose. If used for non-agricultural business (factories, offices) without permission, it is a violation. The change of purpose procedure must be done before or simultaneously with the name change. (Legal Basis: Article 121, Law on Land 2024).

Conclusion

Completing the Registration of Land Changes upon Establishment of Private Enterprise is a vital legal foundation for sustainable business. Long Phan Consulting Company is ready to resolve all legal issues in this complex procedure. Please contact Hotline 1900636389 for immediate support.