In Vietnam, documents and certificates pertinent to property hold substantial significance in establishing and validating ownership rights. Herein lie pivotal documents:
Certificate of land use rights, ownership of houses and other assets attached to land (LURC):
- Details: This certificate serves as evidence substantiating the entitlement to utilize specific land, typically issued for a specified duration, affirming ownership rights over both the land and any structures erected upon it. The duration may vary, contingent upon specific land usage scenarios as stipulated in Articles 125, 126, 127, and 128 of the Land Law 2013.
Application dossier for issuance of Certificate of land use rights for the first time:
- Documentation for the initial issuance of Land Use Rights Certificate includes various documents outlined in Clause 1, Article 8 of Circular 24/2014/TT -BTNMT. These encompass:
- Application for registration and issuance of Land Use Rights Certificate, Homeownership, and Attached Assets according to Form No. 04a/DK.
- Required documentation in accordance with Land Law provisions and Decree 43/2014/ND-CP for land use rights registration and asset ownership.
- Submission of reports evaluating the prevailing land usage status for domestic organizations and religious establishments using land pre-July 1, 2004, as per Forms No. 08a/DK and 08b/DK.
- Documents affirming the fulfilment of financial obligations and related exemptions or reductions if applicable.
- In cases of limited use rights registration for contiguous land plots, inclusion of contractual agreements or court decisions establishing said rights, along with corresponding plot diagrams, is essential.
- Cost: Fees for the issuance of land use rights certificates differ based on entity types
* For organizations:
- fee for document assessment for issuing the certificate:
- Granting land use rights: 920,000 VND/document;
- Granting ownership rights to houses and other assets attached to the land: 910,000 VND/document;
- Granting land use rights, ownership rights to residential houses, and other assets attached to the land: 1,200,000 VND/document
- fee for issuing the certificate:
- Granting land use rights or ownership rights to residential houses and other assets attached to the land: 100,000 VND/document;
- Granting land use rights, ownership rights to residential houses, and other assets attached to the land: 500,000 VND/document.
* Fee for issuing land use rights certificates for individuals and households:
- fee for document assessment for issuing the certificate:
- Granting land use rights: 520,000 VND/document;
- Granting ownership rights to residential houses and other assets attached to the land: 510,000 VND/document;
- Granting land use rights, ownership rights to residential houses, and other assets attached to the land: 790,000 VND/document
- fee for issuing the certificate:
- Granting land use rights or ownership rights to residential houses and other assets attached to the land: 25,000 VND/document;
- Granting land use rights, ownership rights to residential houses, and other assets attached to the land: 50,000 VND/document.
- Relevant Information: It includes information about the landowner, land area, location, permitted land use, and duration of land use rights.
Construction Permit:
- Details: Essential for new construction or substantial renovations, this permit ensures compliance with local construction regulations. Application documents are outlined in Article 95 of the Construction Law, varying based on project types.
Application documents
Article 95 of the Construction Law: Application for new construction permit
* Application dossier for a new construction permit for individual houses includes:
- application for construction permit;
- a copy of one of the documents proving land use rights according to the provisions of land law;
- construction design drawings;
- for construction projects with adjacent structures, there must be a written commitment to ensure safety for the adjacent structures.
* Dossier to request a construction permit for non-linear projects includes:
- application for construction permit;
- a copy of one of the documents proving land use rights according to the provisions of land law;
- copy of project approval decision, investment decision;
- construction design drawings;
- a declaration of capacity and experience of the design organization and individual who is the leader or leader of construction design, accompanied by a copy of the practice certificate of the leader or design leader.
* Documents to request a construction permit for linear construction includes:
- documents specified in Points a, c, d and đ Clause 2 of this Article;
- written approval from a competent state agency on the suitability with the location and route plan;
- decision on land recovery by a competent state agency according to the provisions of land law.
* Documents to request a construction permit for the construction of religious works includes:
- documents specified in Clause 2 of this Article; •
- written approval of the need for construction and scale of the project from the state management agency in charge of religion.
* Documents to request a permit to build monuments and monumental paintings includes:
- documents specified in Clause 2 of this Article;
- copy of the license or written approval of the necessity of construction and scale of the project from the state management agency in charge of culture.
* Documents to request a construction permit for advertising works includes:
- documents specified in Clause 2 of this Article; In case of renting land or construction to carry out advertising, a copy of the land lease contract or construction lease contract is required;
- a copy of the license or written approval of the necessity of construction and scale of the project from the competent state management agency in charge of advertising.
- Cost: Fees may vary depending on the scale, type of construction and authorities of cities and provinces. For example:
Ho Chi Minh City
Fee:
- issuance of a permit for individual residential construction: 75,000 VND/permit
- issuance of a permit for other construction projects: 150,000 VND/permit
- extension, re-issuance, or adjustment of construction permits: 15,000 VND/permit.
(Based on Clause 2, Article 1 of Resolution 18/2017/NQ-HDND dated December 7, 2017.)
Hanoi
- new issuance for individual residential construction of citizens (subject to having a permit): 75,000 VND/time
- new issuance for other construction projects: 150,000 VND/time
- extension of construction permits: 15,000 VND/time.
(Based on Point b, Clause 2, Section A of the List of Fees and Charges issued together with Resolution 06/2020/NQ-HDND dated July 7, 2020.)
- Relevant Info: Information about the construction project, including design, location, and duration.
Certificate of Ownership for an Apartment in a residential Building:
Details: Pertains to individual apartments within a multi-unit building, applied for by the Property Investor.
- Cost: Costs may vary based on factors such as the location and size of the apartment.
- registration fee: Accordingly, registration fee = 0.5% x apartment transfer value according to transfer contract (Apartment area (m2) x Price 01 square meter (VND/m2));
- fees for issuance of certificates of land use rights, home ownership, and assets attached to land. Accordingly, the fee for issuing a Certificate of ownership of an apartment building: the maximum fee is no more than 100,000 VND/certificate
- personal income tax: Accordingly, personal income tax = 2% x apartment transfer value according to the transfer contract.
- Relevant Information: Contains particulars about apartment owners, floor area, location within the building, and communal spaces.
Austria
Canada
Dominican Republic
Greece
Hungary
Indonesia
Portugal
Romania
Slovenia
Spain
Switzerland
Turkey
USA
Vietnam