|Process || |
Step 1: On behalf of Vietnamese household, Vietnamese individual and oversea Vietnamese purchasing house or receiving land use right transfer, the real estate company is responsible for submitting the purchaser’s dossier to the Land Registry of the Hà Nội Department of Natural Resources and Environment.
Step 2: The Hà Nội Land Registry is responsible for:
- Inspecting legal documents contained in the dossier upon receiving the dossier. Comment cards will be sent to state management agencies in charge of housing and construction if necessary; upon receiving the comment cards, these management agencies are responsible for sending written replies to the Hà Nội Land Registry;
- Inspecting land use status. If the land use status suits to the approved detailed planning map of the investment project and the approved post-construction drawing (if any), the cadastral map shall be corrected and edited, and a copy of the map shall be issued for the issuance of the certificate. Otherwise, the inspection results shall be sent to the state management agencies in charge of housing and construction for further being processed in accordance with law;
- Sending the dossier and the copy of the cadastral map to district-level Land use right Registry for issuance of the certificate if the transferee is Vietnamese household, Vietnamese individual, overseas Vietnamese. The transferor’s certificate (if any) shall be updated with amendments.
Step 3: District-level Land Use Right Registry is responsible for:
- Making the records, issuing and sending a Certificate to the Office of Natural Resources and Environment; the Certificate shall be submitted to the District People’s Committee for signing;
- Submitting cadastral data and information of land-attached property to tax authority to establish financial obligations, if land user must fulfill financial obligation according to law;
- Receiving the Notice of financial obligations from the tax authority;
- Copying the Certificate for archive and sending information of land-attached property to State management agencies;
- Sending the Certificate and the Notice of financial obligations to the Hà Nội Land Registry;
Step 4: The Hà Nội Land Registry is responsible for:
- Informing the applicant to fulfill financial obligations (time for certificate fulfilling financial obligations is not included in processing duration);
- Collecting the original papers relating to land and land-attached properties, after the applicant submits necessary documents evidencing their fulfillment of financial obligations. Then the Land Registry shall hand over the Certificate to the licensee.
|Contents and number of the dossier || |
* Contents of the dossier:
- Application form 01/DK- GCN for Certificate of land use right, and the ownership of house and land-attached properties;
- Copies of the permanent residential registration, Identity card or passport in case the applicant is Vietnamese household/individual. In case of overseas Vietnamese, it is required to have copy of documents evidencing that the applicant is allowed to own house and use land in Việt Nam;
- Certified or notarized copy of the purchase and sale contract;
- Copy of the Decision on land transfer or on land use purpose conversion issued by competent authorities;
- Copy of the Decision approving the project or approving investment approval or the Investment License / Certificate;
- Copy of the Decision approving the project’s detailed planning at 1:500 scale (if there is not a copy of this Decision, a copy of the written agreement on total area of the land lot with house or building is required);
- Certificate of Land use right or other certificates as stipulated by Decree 88/2009/ND-CP;
- Document on fulfilling financial obligations or documents issued by tax authorities evidencing the fulfillment of financial obligations up to the time of taking over land or land use right transfer from others to build house for sale or for real estate business (attached with copies of the buyer’s documents on fulfilling financial obligations);
- Layout of house and land lot; the post-construction drawing or the drawing of plan design in accordance with the reality of house or building without re-measurement or re-drawing; in case of apartment building, the drawings of the entire apartment building and of the floor where the apartment locates are required. If the floor drawing does not clearly show the apartment’s size, the drawing of the apartment is required.
If the purchase is carried out through a real estate trading center, all cases of transfer since the effective date of Decree No. 88/2009/ND- CP must be evidenced by documents on the transfer through the real estate trading center.
* Number of dossier: one (01) set
|Fee ||Fee is based on Decision No. 04/2011/QD-UBND dated November 26, 2011 of Hà Nội People’s Committee. In case of issuing the Certificate of Land use right only (without house and land-attached properties), the fee is VND 25,000 for household and individual (in wards); VND 10,000 for household and individual (in other areas); VND 100,000 for organization. In case of re-issuance (including due to no blank for certification), renewal, additional confirmation in the Certificate (without house and land-attached property), the fee is VND 100,000 for household and individual (in wards); VND 50,000 for household and individual (in other areas); and VND 500,000 for organization. |
|Legal basis || |
- Law of the National Assembly: Civil Law; Commercial Law; Land Law 2003; Construction Law; Housing Law, Investment Law, Business Law; Notarization Law; Real Estate Business Law; Personal Income Tax Law; Law amending and supplementing Article 126 of Housing Law and Article 121 of Land Law;
- The National Assembly’s Resolution No. 07/2007/QH12 dated November 12, 2007;
- The National Assembly Standing Committee’s Ordinances: Ordinance on the Capital, Ordinance on Charges and Fees;
- The National Assembly Standing Committee’s Resolution No. 1081/NQ-UBTVQH11 dated February 23, 2007 on establishing a delegation to supervise “compliance with laws on issuance of land use right certificates”;
- The Government’s Decrees: No. 57/2002/ND-CP dated June 03, 2002; No. 106/2003/ND-CP dated September 23, 2003; No. 90/2006/ND-CP dated September 06, 2006; No. 95/2005/ND-CP dated July 15, 2005; No. 24/2006/ND-CP dated March 06, 2006; No. 92/2005/ND-CP dated July 12, 2005; No. 181/2004/ND-CP dated October 29, 2004; No. 92/2005/ND-CP dated July 12, 2005; No. 17/2006/ND-CP dated January 27, 2006; No. 90/2006/ND-CP dated September 06, 2006; No. 108/2006/ND-CP dated September 22, 2006; 153/2007/ND-CP dated October 15, 2007; No. 100/2008/ND-CP; and No. 88/2009/ND-CP dated October 19, 2009;
- The Government’s Resolutions: No. 02/2008/NQ-CP dated January 09, 2008; and No. 01/2009/NQ-CP dated January 09, 2009;
- The Prime Minister’s Decision No. 09/2007/QD-TTg dated January 19, 2007;
- The Prime Minister’s Instructions: No. 05/2006/CT-TTg dated February 22, 2006; and No. 24/2007/CT-TTg dated 2007;
- The Minister’s Instructions: No. 02/2007/CT-BTNMT dated November 19, 2007; and No. 02/2008/CT- BTNMT dated December 04, 2008;
- Circulars of the Minister: No. 63/2002/TT-BTC dated July 24, 2002; 06/2004/TT- BTC dated February 04, 2004; No. 01/2005/TT-BTNMT dated April 13, 2005; No. 45/2006/TT-BTC dated May 25, 2006; No. 97/2006/TT-BTC dated October 16, 2006; No. 09/2007/TT-BTNMT dated August 02, 2007; No. 84/2008/TT-BTC; and No. 17/2009/TT-BTNMT dated October 21, 2009;
- Joint Circulars: No. 05/2005/TTLT-BTP-BTNMT dated June 16, 2005; No. 03/2005/TTLT-BTP-BTNMT dated June, 13, 2006; No. 30/2005/TTLT/BTC-BTNMT; 04/2006/TTLT-BTP-BTNMT dated June 13, 2006; 03/2007/TTLT/BTC-BTP dated January 10, 2007; No. 05/2007/TTLT-BTP-BXD-BTNMT-NHNN dated May 21, 2007; and No. 36/2008/TTLT-BTC-BTP dated April 29, 2008;
- The Hà Nội People’s Council’s Resolution No. 23/2008/ND-HDND dated December 12, 2008;
- The Hà Nội People’s Committee’s Decisions: No.10/2009/QD-UBND dated January 09, 2009; No. 15/2009/QD-UBND dated January 09, 2009; No. 110/2009/QD-UBND dated October 13, 2009, No. 117/2009/QD-UBND dated December 01, 2009; and No. 04/2011/QD-UBND dated January 26, 2011.