Document for registration of assets on land in Vietnam

Registering assets on land is a way for owners to legalize their ownership rights to assets on the land, thereby limiting disputes and legal risks. To register assets on land, the owner, on their own or authorized by another person, submits the asset registration document to the competent authority. So what does the document for registration of assets on land include? Through the article below, Viet An Law will help customers answer this question based on the Land Law 2024 and guiding documents for implementation.

Types of assets on land eligible for ownership registration

Before August 1, 2024, according to Article 104 of the Land Law 2013, the State allowed owners to register ownership rights for 04 types of assets on land, including:

• Residential houses
• Other construction works
• Production forests that are planted forests
• Perennial trees

According to Articles 148 and 149 of the new Land Law 2024, from August 1, 2024, the State only recognizes ownership rights for two types of assets on land, including:

• Residential houses
• Construction works that are not residential houses

Although the Land Law 2024 has narrowed the scope of assets on land eligible for ownership registration, according to the provisions of clause 3, Article 256 of the 2013 Land Law, in cases where certificates have been issued for assets on land that are production forests that are planted forests and perennial trees before the Land Law 2024 takes effect (August 1, 2024), those certificates are still valid, and ownership rights to these two types of assets on land are still protected by the State.

Eligible for registration of assets on land

From the provisions on the recognition of land use rights and ownership rights to assets on land in Articles 100, 101 and 104 of the Land Law 2013, some conditions for registering assets on land can be identified as follows:

Document for registration of assets on land

Pursuant to the provisions of Article 28 and Article 29 of Decree 101/2024/ND-CP, there are currently two types of procedures for registering assets on land as follows:

• First-time registration of assets on land;
• Registration of changes when there are changes in assets on land.

Accordingly, the document for registration of assets on land for each case is different. Specifically for each case as follows:

First-time Registration

• Application for land registration, assets attached to land.
• One of the types of documents specified in Article 137, clause 1, clause 5 of Article 148, clause 1, clause 5 of Article 149 of the Land Law 2024, diagrams of houses, construction works (if any).
• Documents on receiving inheritance of land use rights in accordance with regulations for cases of receiving inheritance of land use rights that have not been granted a Certificate or cases specified in clause 4, Article 45 of the Land Law 2024;
• Documents on land allocation not under authority or documents on the purchase, receipt of liquidation, valuation, distribution of houses, construction works attached to land in accordance with the provisions of Article 140 of the Land Law 2024 (if any).
• Documents related to administrative penalties in the field of land for cases of administrative violations in the field of land.
• Contracts or written agreements or decisions of the People’s Court on the establishment of rights to adjacent land plots, together with a diagram showing the location and size of the area of the adjacent land plot that is entitled to limited use in cases where there is registration of rights to the adjacent land plot.
• Document identifying the members who share the right to use land of the household currently using the land in case the household is currently using the land.
• Extract of cadastral map of the land plot (if any)
• Construction design document of the project that has been appraised by the specialized construction agency or has a written approval of the results of inspection and completion of the project item, construction work in accordance with the law on construction in case of certification of ownership of construction works on agricultural land where the owner of the construction work does not have one of the types of documents specified in Article 149 of the Land Law 2024 or the construction work is exempt from construction permit in accordance with the law on construction;
• In the case specified in point a, clause 6, Article 25 of Decree 101/2024/ND-CP, the decision on sanctioning administrative violations in the field of land shall be submitted, which may show remedial measures are forced land registration; proof of payment of fines by the land user;
• Proof of fulfillment of financial obligations, documents related to exemption or reduction of financial obligations on land, assets attached to land (if any);
• In case of receiving the transfer of land use rights, ownership of houses and construction works without carrying out transfer procedures in accordance with the law, documents on the transfer of land use rights and ownership of assets attached to land with the signature of the transferring party and the receiving party shall be submitted;
• In case households and individuals need to be granted a Certificate for houses and construction works that are subject to construction permits specified in clause 3, Article 148, clause 3, Article 149 of the Land Law 2024, a written confirmation from the competent agency on construction management at the district level on the eligibility for the existence of the house or construction work in accordance with the law on construction shall be submitted (if any).

Registration of changes

• Application for registration of changes in land and land-attached assets.
• Issued certificate.
• One of the types of documents related to the content of changes in land and land-attached assets for each specific case as prescribed in Article 30 of this Decree.
• Document on representation in accordance with the provisions of civil law for cases of carrying out procedures for registration of land and land-attached assets through a representative.

Where to submit the document for registration of assets on land?

Pursuant to the provisions of Article 31, Article 32 of Decree 101/2024/ND-CP, land users submit land registration documents at:

• One-stop service department in accordance with the regulations of the Provincial People’s Committee on the implementation of receiving documents and returning results of administrative procedure settlement at the provincial, district, and commune levels;
• Land registration office (for land users who are organizations currently using land, Vietnamese residing abroad).

What are the risks of not registering assets on land?

According to clause 2, Article 131 of the Land Law 2024, the registration of assets on land is carried out according to the needs of the owner. Current law does not mandate registration. However, failing to register can expose owners to certain risks.

The reason is that current law does not presume that the land user is also the owner of the assets on that land. These can be two or more distinct entities.  If multiple parties use the same land, determining ownership of the assets becomes complex and can lead to disputes and risks for the actual owner.

In practice, not registering assets often leads to situations of “selling land but not selling the house” because transfer/donation contracts only list assets included in the Certificate. This creates unnecessary disputes, some lasting upwards of ten years.

Therefore, to best protect their rights, owners should register assets on land as soon as they are eligible under the law.

How much does it cost to register assets on land?

Currently, the authority to decide the fee for registering assets on land for each case belongs to the People’s Council, the Provincial People’s Committee of each locality based on the actual circumstances of that locality. Therefore, for each locality, the fee for registering assets on land is different.

According to Resolution No. 06/2020/NQ-HDND of the Hanoi City People’s Council, the fees for registering assets on land are as follows:

Above is all the information about the document for registration of assets on law. If you have any related questions or need legal support on the regulations for handling complaints, please contact Viet An Law for the best support!