Decision No. 3380/QD-BNNMT announcing newly issued and amended and supplemented administrative procedures in the field of land under the state management scope of the Ministry of Agriculture and Environment, effective from August 25, 2025, stipulates the registration and issuance of Certificates in cases of transfer of investment projects using land.
Implementation procedures
Step 1: The application submits the application to one of the locations in the provincial level: Public Administration Service Center or Land Registration Office.
When submitting the application, the registered candidate can choose to submit a copy of the document and present the original to the officer receiving the application for comparison inspection or submit the original of the document or submit a certified or certified copy of the document; in case of submitting the application online, the submitted document must be digitized from the original or a certified and certified copy of the document.
In case of confirming changes on the issued Certificate, the registration submits the original of the issued Certificate.
In case of submitting a copy or digital copy of all documents, when receiving the results of handling administrative procedures, the registered candidate must submit the original documents in the dossier components according to regulations.
Step 2: The dossier receiving agency implements:
- Check the completeness of the dossier components; issue a dossier receipt and schedule a return of results.
In case the documents are not complete, the documents must be returned with the Supplement and Complete Application Form so that the applicant can register to complete and supplement according to regulations.
- In case the Public Administration Service Center receives the dossier, the dossier shall be transferred to the Land Registration Office.
Step 3: The Land Registration Office implements:
a) In case the project transferee is not a foreign-invested economic organization and the land for project implementation has been granted a Certificate, the following tasks shall be carried out:
- Check the conditions for exercising rights according to the provisions of the Land Law for cases of exercising rights of land users and owners of assets attached to land; in cases where the conditions for exercising rights according to the provisions of the Land Law are not met, the reasons will be notified and the dossier will be returned to the registered person.
- Check and approve the cadastral map extract in cases where the land user needs to re-determine the size of the edges and area of the land plot.
- Record a cadastral map or extract a cadastral map of a land plot for places without a cadastral map or only a cadastral map in the form of a torn or damaged document in cases where the issued Certificate has not used a cadastral map or has not used a cadastral map extract for a land plot and the land user needs to reissue a new Certificate of land use rights, ownership of assets attached to land or is required to reissue a new Certificate of land use rights, ownership of assets attached to land.
- send the Information Transfer Form to determine financial obligations on land according to Form No. 19 issued with Decree No. 151/2025/ND-CP amended and supplemented in Decree No. 226/2025/ND-CP to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be fulfilled.
- Adjust and update changes in cadastral records and land databases; issue a new Certificate of land use rights and ownership of assets attached to land or confirm changes on the issued Certificate in cases where financial obligations are not required; issue a Certificate or send it to the dossier receiving agency to issue to the granted person.
In case financial obligations must be fulfilled, the tasks specified in this point shall be performed when there is information from the linked database or a certificate or document proving the completion of financial obligations.
b) In case the transferee of the real estate project is not a foreign-invested economic organization and the land for project implementation has not been granted a Certificate, the following tasks shall be carried out:
- send the Information Transfer Form to determine financial obligations on land according to Form No. 19 issued with Decree No. 151/2025/ND-CP amended and supplemented in Decree 226/2025/ND-CP to the tax authority to determine and notify the collection of financial obligations.
- When there is information from the database that is connected or documents or papers proving that financial obligations have been fulfilled, complete the dossier, submit to the competent land management agency at the provincial level to issue a Certificate of land use rights and ownership of assets attached to land.
- Award a Certificate of land use rights, ownership of assets attached to land or transfer the dossier receiving agency to give to the granted person; carry out the preparation, updating, and revision of cadastral records and land database.
c) In case the transferee of the real estate project is a foreign-invested economic organization, the land registration shall be carried out in the order and procedures for land allocation and land lease according to regulations.
d) In case of transferring investment projects using land leased by the State for annual land rent collection, the following tasks shall be carried out:
- Notify the tax authority in writing about the termination of the rights and obligations of the project transferor in the land lease contract.
- send the Information Transfer Form to determine financial obligations on land according to Form No. 19 issued with Decree No. 151/2025/ND-CP amended and supplemented by Decree No. 226/2025/ND-CP to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be fulfilled according to the provisions of law.
- Adjust and update changes in cadastral records and land databases; issue a new Certificate of land use rights and ownership of assets attached to land or confirm changes on the issued Certificate in cases where financial obligations are not required; issue a Certificate or send it to the dossier receiving agency to issue to the granted person.
In case financial obligations must be fulfilled, the Land Registration Office shall perform the tasks specified in this point when there is information from the database that is connected or documents or papers proving that financial obligations have been fulfilled.
