In the process of land use, many factors may change, leading to the need to register changes regarding land use and assets attached to the land. This process not only protects the rights of land users but also ensures the accuracy of information related to land ownership and use. These changes may involve details about the certificate holder, the land parcel area, assets attached to the land, as well as changes in financial obligations or restrictions on land use. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or hotline: (+84) 903 419 479 for the best advice and support.

1. Cases that require registration of changes

Changes in the Certificate Holder Information
When there is a change in the name, legal documents (for organizations), personal identification documents (such as changes in ID card/CCCD, property ownership certificates), or address, the land user needs to register the change to update the information on the Land Use Rights Certificate (LURC). This ensures that the certificate reflects the correct information of the land user and their ownership rights, preventing potential disputes.

Reduction in Land Area Due to Natural Erosion
If erosion reduces the land area, the land user must update the Land Use Rights Certificate to reflect the new area.

Changes in Restrictions on Land Use Rights
The land user must register changes in land use rights, such as partial reclaims or conversions to restricted-use land (such as rice land, protective forest land, etc.), in order to update the land use rights information.

Changes in Financial Obligations
Changes in financial obligations, such as land tax, land use fees, or land use payments, also require registration. This often occurs when the land user transfers land use rights, changes the purpose of land, or fulfills other financial obligations to the state.

Changes in Assets Attached to the Land
When there are changes in assets attached to the land, such as constructing new buildings, demolishing old structures, or changing the use of the assets (e.g., residential houses, production facilities, etc.), the land user must complete the registration procedure.

2. Procedures to follow:

a) The land user submits the application at the Land Use Rights Registration Office under the Department of Natural Resources and Environment or the agency designated by the provincial or municipal People Committee.
Households, individuals, or community organizations submit their application to the commune-level People Committee if needed.

Procedures for Registering Changes in Land Use and Assets Attached to Land

If the application is incomplete or invalid, the receiving agency must notify and guide the applicant to supplement and complete the documents within 3 days.
If the land user wishes to change the land use purpose along with registering changes in the contents of this procedure, the user must complete both procedures simultaneously.

b) The receiving agency must fully record the information in the application receipt register and provide a receipt and result notice to the applicant.
The commune-level People Committee must send the complete application to the Land Use Rights Registration Office within 3 working days after receiving the application.

c) The Land Use Rights Registration Office is responsible for checking the application. If it meets the requirements, the office will carry out the following tasks:

• Perform land measurement for cases involving changes in land area or attached assets, or if the certificate has been issued without a cadastral map.
• If the registration involves changes in building area, usage area, building height, structure, or class of house or construction, and it does not align with the building permit or there is no building permit (in cases where one is required), a consultation request is sent to the relevant permitting authority.
• Forward the cadastral information to the tax department to determine and notify the financial obligations for cases where land use payments or land rent are required.
• Check to see if the issued Land Use Rights Certificate has been changed, or get the paperwork ready to ask the right person to reissue the certificate if the Ministry of Natural Resources and Environment rules say that it needs to be. Notify the land user to sign or re-sign the land lease contract with the Department of Natural Resources and Environment in cases where land leasing is involved.
• Update the changes in the cadastral records and the land database.

d) The Land Use Rights Registration Office will deliver the updated Land Use Rights Certificate to the holder or send it to the commune-level People Committee to hand over in cases where the application is submitted at the commune level.

3. Performing Procedures in the Electronic Environment:

The receiving and processing agency is responsible for following the administrative procedures related to land management in accordance with the land law. In the event that the agency can not provide the result within the deadline for administrative procedures because of more checks, clarifications, or other issues, they must notify the applicant in writing, through the Public Service Portal, or via SMS, making it clear why the delay occurred.

Procedures for Registering Changes in Land Use and Assets Attached to Land

Land users and owners of assets attached to the land are responsible for fulfilling their financial obligations as per legal requirements, either in person or online, through the payment functionality of the Public Service Portal.

The receiving agency, or the agency resolving the case, must notify the applicant to submit the original Land Use Rights Certificate and other required documents after the land user has completed their financial obligations.

The result of the administrative procedure will be provided at the receiving agency or through public postal services, or at a location requested by the applicant, for cases involving land registration and other assets attached to the land.

The registration of changes in land use and attached assets is a crucial step to ensure the accuracy and legality of information related to an individual or organization of land use rights. Updating information at the right time helps protect the legitimate interests of land users and avoids disputes and legal risks in the future. Therefore, land users need to carefully follow the procedure and provide complete documentation whenever there are changes in information, land area, attached assets, financial obligations, or restrictions on land use.

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