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Legal Update

Decree on Issuance of Certificates of Land Use Right, Residential House Ownership and Ownership of Assets Attached to Land

9 December 2009
Mayer Brown JSM Legal Update

Summary

On 17 October 2009, the Government issued Decree No. 88/2009/ND-CP on issuance of certificates of land use right, residential house ownership and ownership of assets attached to land ("Decree 88").

Full Update

Decree 88 prescribes the issuance of certificates of land use right, residential house ownership and ownership of assets attached to land ("Certificates"), conditions for authorisation to issue Certificates and dossiers, order and procedures for such issue.

Decree 88 also covers construction works and plantation forest land and provides guidelines on procedures for Vietnamese residing overseas who have residential houses and the right to obtain ownership certificates.

A Certificate is granted to a person with land use right, ownership of residential house and ownership of assets attached to each separate land lot. In cases where a land user has been using a number of lots of agricultural land for perennial plants, land for aquaculture, land for salt production located within the same commune, ward, or township, such person, upon request, will be granted one Certificate covering all the land lots.

For a land lot belonging to a number of land users, residential house owners and owners of assets attached to the land, a Certificate will be granted to each of these land users, residential house owners and owners of assets attached to the land setting out each interest holder's interest in such property.

A Certificate shall be granted to an applicant after completion of his/her financial obligation, except when no financial obligation is required or the financial obligation is exempted or not owed under the applicable law. In the case of leasing land, a Certificate shall be granted after the signing of a land lease contract and completion of financial obligations. For an assignee of land use right and ownership of residential houses or construction works invested and built by an organisation for sale, the application dossier, in addition to stipulated documents (such as sale and purchase contracts, copies of the decision approving the project and planning), must contain documents evidencing that such assignment was carried out at a real estate transaction centre.

Domestic organisations, religious establishments, foreign organisations and individuals, and Vietnamese residing overseas who carry out investment projects in Vietnam must submit application dossiers to obtain Certificates at the Office of Land Use Right Registration under the Department of Natural Resources and Environment (Office of Land Use Right Registration at the provincial level).

Family households, individuals, Vietnamese residing overseas entitled to own residential housing in Vietnam, and residential communities in a ward must submit application dossiers to obtain Certificates at the Office of Land Use Right Registration under the Division of Natural Resources and Environment of the district level (Office of Land Use Right Registration at the district level) or at the People’s Committee in the commune or township where the land and assets attached to the land are located.

The time limit for issuance of a Certificate, counting from the date of receipt of a valid dossier is:

  • 50 working days in the case of first time issue
  • 30 working days in the case of replacing a land use right certificate and supplementing ownership of assets attached to the land, or in the case of re-issuance to replace a lost Certificate
  • 20 working days in the case of replacing a Certificate not falling into one of the immediately preceding categories

Decree 88 takes effect from 10 December 2009. It replaces Decree No. 95/2005/ND-CP and amends a number of provisions of Decree No. 181/2004/ND-CP, Decree No. 198/2004/ND-CP, Decree No. 197/2004/ND-CP, Decree No. 90/2006/ND-CP, Decree No. 84/2007/ND-CP, Decree No. 29/2008/ND-CP, and Decree No. 51/2009/ND-CP.

For inquiries related to this Client Alert, please contact:

Dao Nguyen ( )

Thinh Dan ( )

Learn more about our Vietnam offices and Real Estate practice.

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