During the term of land use, the owner or user has the right to request for a renewal of the Certificate, Certificate of House Ownership, Certificate of Construction Work Ownership (“Certificate”) issued in cases where permitted by laws. So, how is the procedure for renewal of land use rights certificate?
1. Case permitted for renewal of land use right certificate
The renewal of issued Certificates, Certificates of House Ownership, and Certificates of Construction Work Ownership will be carried out in the following cases:
– Land users that wish to change certificates of house ownership or certificates of ownership of construction works or certificates granted before December 10, 2009, into certificates of land use rights and ownership of houses and other land-attached assets;
– Granted certificates or certificates of house ownership or certificates of ownership of construction works are smeared, blurry, ragged or damaged;
– Consolidation and swap of land parcels, re-survey and re-measurement of areas and sizes of land parcels;
– Request for writing of full names of both husband and wife in the certificates, in case land use rights are or ownership of land-attached assets is common assets of husband and wife but the certificates only indicate the full name of either of them.
2. Procedure for renewal of Land use rights Certificate
a. The land user submits an application for renewal of land use rights certificate
Documents submitted when carrying out procedures for renewal, re-issuance, correction, and revocation of Certificates shall comply with regulations, including:
– A written form of renewal of the Certificate;
– An original of the granted Certificate;
– A copy of the mortgage contract of land use rights and property on land instead of the original issued Certificate issued in case of replacement of the Certificates after regrouping of lands, measuring and drawing the cadastral map but the issued Certificate is mortgaged in credit institutions.
b. Document processing for renewal of land use rights certificate
The Land Registration Office shall:
– Check documents, confirm in the application the reason for renewing the Certificate;
– Prepare documents to submit to the competent authority for issuance of Certificate of land use rights, ownership of houses and other assets attached to land;
– Adjust and update the change in the cadastral records and land database; hand over the certificate of land use rights and ownership of houses and other land-attached assets to the land user concerned or send it to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.
c. Time to carry out procedures for renewal of land use right certificate
The time to carry out the procedure for renewal of land use right certificate, Certificate of housing ownership, Certificate of ownership of construction works is no more than 07 days.
In case of simultaneous issuance to many land users due to redrawing the map, the period must not exceed 50 days.
- Land Law 2013;
- Decree 43/2014/ND-CP guiding the implementation of the Land Law promulgated on May 15, 2014;
- Decree 01/2017/ND-CP amending the decree guiding the Land Law promulgated on January 6, 2017;
- Circular 24/2014/TT-BTNMT on cadastral records promulgated by the Minister of Natural Resources and Environment on 19 May, 2014.
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