Procedure for registration of land and assets attached to land of enterprise
01. Conditions for application
While land registration is mandatory, registration of house and assets attached to land is conducted under owner's request.
First registration is conducted in the following cases:
a/ The land parcel is allocated or leased for use;
b/ The land parcel is in use but not registered yet;
c/ The land parcel is allocated for management but not registered yet;
d/ The houses and other land-attached assets are not registered yet.
Note: Registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal status of land use rights, ownership of houses and land-attached assets, and the right to manage a certain land parcel, in the cadastral records.
02. Applicable laws
1. Law on Land 2013
2. Decree 43/2014/ND-CP
3. Decree 01/2017/ND-CP
4. Circular 24/2014/TT-BTNMT
5. Circular 23/2014/TT-BTNMT
6. Circular 33/2017/TT-BTNMT
Step 1: Prepare the following documents
- A written form of registration , granting Certificate of rights to use land, ownership of land and property on land for the first time in for form No. 04/DDK;
- One of the documents specified in Article 100 of the Law on Land and Article 18 of the Government’s Decree No. 43/2014 / ND-CP dated May 15, 2014 detailing the implementation of a number of articles of provisions of the Law on Land (hereinafter referred to as Decree No. 43/2014 / ND-CP) for the cases of registration of land use rights
- One of the documents stipulated in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP for cases of registration of ownership of property on land
- A diagram of houses or construction in case of the registration of ownership of houses or construction, (unless in the papers of ownership of houses or construction, there is a diagram in accordance with the current conditions of the houses, constructions);
- A report on the review results of the current conditions of use for the land for domestic organizations, religious institutions using the land before July 1, 2004 in the Form 08 / DK;
- A voucher of financial obligations; papers relating to the exemption and reduction of financial obligations on land and property on land (if any);
- A contract or written agreement or decision of the People’s Court on determining the limited right to enjoyment for the adjacent land plots must be presented, enclosed with diagrams showing the location, area size of the land plots that the users of the adjacent land plots are entitled to use in limit in case of registration of limited right to enjoyment for the adjacent land plots.
Step 2: Submit the documents
- The land user submits the file at the land use right registration office of the Division of Natural Resources and Environment or the dossier-receiving agency according to the regulations of the People’s Committee of the province or city directly under the Central Government.
- In case of exercising the rights of a land user to a part of a parcel of land, the land user shall request the land use right registration office to conduct measurement of the parcel on the area where the right of the user is to be exercised land prior to submitting the application for the exercise of land user rights.
- In case of receiving incomplete or invalid dossiers, within a maximum of 03 days, the dossier-receiving and processing agencies must notify and guide the dossier submitters to supplement and complete the dossiers according to regulations. .
- The dossier-receiving agency shall record all information in the dossier-receiving book and return the results, hand over the dossier-receiving note and return the results to the dossier submitter.
- If the dossier is submitted to the People’s Committee of the commune, within 03 working days from the date of receipt of the complete application, the People’s Committee of the commune must transfer the file to the land use right registration office.
Step 3: Get result
- The land use right registration office shall examine dossiers and, if eligible for exercising the prescribed rights, perform the following jobs:
- Send the written request for certification to the People’s Committee of the commune where the permanent household registration of the household or individual is directly engaged in agricultural production and has a stable source of income from agricultural production;
- There is a written request to the People’s Committee of the commune where the permanent residence is registered and the People’s Committee of the commune where the land is located to request the certification according to regulations for cases where households and individuals use land not in the same place. register for permanent residence
- Send cadastral information to the tax authority to identify and notify the collection of financial obligations in case the financial obligations must be performed as prescribed;
- Confirm the content of fluctuation in the issued Certificate as prescribed by the Ministry of Natural Resources and Environment.
Where a certificate is required, a dossier shall be submitted to a competent agency to grant a certificate to land users.
- Adjust and update changes to cadastral records, land database.
- Hand over the certificate to the land user or send it to the People’s Committee of the commune for handing over the application file at the commune level.
- Confirm in the original papers the issue of the Certificate as prescribed
2. The person who is granted the certificate receives the originals of applications.