How to Find Real Estate and Land Register Information in Вьетнам

Peruse via the portal of the Department of Natural Resources and Environment of various provinces and cities, exempli gratia:

• Peruse planning data on the internet within Hanoi through the link: http://qhkhsdd.hanoi.gov.vn/datdai#map=19.21/21.0313438/105.8140018&loai=KHSD%C4%90%20c%E1%BA%A5p%20huy%E1%BB%87n%20n%C4%83m%202022&lng=105.81383704443539&lat=21.030805440418476 (exploring on this specific website presents limitations, solely disseminating information regarding land use intent, current status, and planning)
• Investigate planning information online concerning Ho Chi Minh City via: https://thongtinquyhoach.hochiminhcity.gov.vn/ (comprehensive exploration offering complete area delineation, number of plots on land usage certificates, planning details, and current status)
  
  => These web platforms do not necessitate a professional account but offer restricted data (only inclusive of land plot particulars, area, present usage status, and planning) available solely in the Vietnamese language. Upon selecting the desired land plot location, the relevant information shall manifest.
  
  
  

Peruse through reputable land inquiry websites instituted by commercial entities:

• Meey Map: https://meeymap.com/?search=eyJzZWFyY2hTdHJpbmciOiI5NyBMw6FuZyBo4bqhIiwiem9uaW5nVHlwZSI6Miwic2VhcmNoVHlwZSI6MSwiZnJvbSI6InNlYXJjaCJ9
• Thongtin.Land: https://app.thongtin.land/
• Remap: https://remaps.vn/maps/my-maps?q=10.65365450021453,106.76925300000002,20z&refid=710402.49-15.10466&reftype=map-land
• Guland: https://guland.vn/soi-quy-hoach/tp-ho-chi-minh/huyen-cu-chi/xa-an-nhon-tay

These platforms mandate a user account, necessitate a fee for more detailed searches, require app download for convenient use, and are exclusively available in Vietnamese.

1. The prevailing market values of Real Estate encompass details regarding the sale and lease rates of various real estate categories, including apartments, houses, land, offices, and similar properties. Certain real estate platforms such as Batdongsan.com.vn, 24hbatdongsan.vn, and others routinely furnish comprehensive insights into pricing specifics and investment viability.
2. Details pertaining to ongoing Real Estate Projects, inclusive of housing initiatives, urban developments, industrial zones, and other such real estate undertakings, are typically accessible. Official platforms of governmental bodies such as the Ministry of Construction, Department of Natural Resources and Environment, Department of Construction, along with regional administrative entities, regularly update this information. Additionally, newspaper sections like https://vietnamnet.vn/bat-dong-san/du-an, https://cafeland.vn/du-an/tai-ha-noi/, serve as resources for such updates.
3. Real Estate Policy encompasses regulations, policies, and laws formulated by the Vietnamese government concerning real estate matters. Declarations and decisions regarding taxes, urban planning, and related affairs constitute pivotal aspects of this information dissemination.
4. Information regarding the Real Estate Market encompasses insights into market conditions, developmental trajectories, prognostications, and influences impacting pricing. This data is commonly analysed and articulated through news portals such as https://cafef.vn/bat-dong-san.chn.
5. Legal protocols associated with real estate transactions, transfer procedures, and other legal intricacies form the crux of Legal Procedures within this domain.
6. Property Information encompasses details encompassing boundaries, dimensions, ownership records, and structural specifications, among others. Information present on land usage rights certificates and affiliated documents, as mentioned earlier, hold legal validity and are authorised by competent authorities.

The accessibility to publicly disclosed information generally faces minimal constraints. However, the absolute precision of certain public data, notably market values and precise project details, might not consistently reach 100% accuracy. Hence, the expertise of professionals within the real estate sector becomes imperative to ensure the veracity of such information.

Moreover, specific details outlined within land usage rights certificates might not be exhaustively revealed. Therefore, consulting with the proprietors becomes essential for a comprehensive understanding of such particulars.

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:
1. Application for registration and issuance of Land Use Rights Certificate, Homeownership, and Attached Assets according to Form No. 04a/DK.
2. Required documentation in accordance with Land Law provisions and Decree 43/2014/ND-CP for land use rights registration and asset ownership.
3. 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.
4. Documents affirming the fulfilment of financial obligations and related exemptions or reductions if applicable.
5. 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:
1. Granting land use rights: 920,000 VND/document;
2. Granting ownership rights to houses and other assets attached to the land: 910,000 VND/document;
3. 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:
1. Granting land use rights or ownership rights to residential houses and other assets attached to the land: 100,000 VND/document;
2. 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:
1. Granting land use rights: 520,000 VND/document;
2. Granting ownership rights to residential houses and other assets attached to the land: 510,000 VND/document;
3. 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:
1. Granting land use rights or ownership rights to residential houses and other assets attached to the land: 25,000 VND/document;
2. 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:

1. application for construction permit;
2. a copy of one of the documents proving land use rights according to the provisions of land law;
3. construction design drawings;
4. 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:

1. application for construction permit;
2. a copy of one of the documents proving land use rights according to the provisions of land law;
3. copy of project approval decision, investment decision;
4. construction design drawings;
5. 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:

1. documents specified in Points a, c, d and đ Clause 2 of this Article;
2. written approval from a competent state agency on the suitability with the location and route plan;
3. 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:

1. documents specified in Clause 2 of this Article; •
2. 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:

1. documents specified in Clause 2 of this Article;
2. 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:

1. 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;
2. 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:

1. issuance of a permit for individual residential construction: 75,000 VND/permit
2. issuance of a permit for other construction projects: 150,000 VND/permit
3. 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

1. new issuance for individual residential construction of citizens (subject to having a permit): 75,000 VND/time
2. new issuance for other construction projects: 150,000 VND/time
3. 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.

1. 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));
2. 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
3. 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. 

Zoning and Planning (Law on Planning 2017)

Zoning and planning regulations are often set and implemented by local government agencies. Different areas may have different zoning requirements, which determine the types of activities allowed in each area. Information about planning and zoning can be found on the websites mentioned in answer 1.

Regulations on environmental zoning (Article 22 of Decree 08/2022/ND-CP.)

Strictly protected areas include:

• concentrated urban residential areas include: inner cities, inner cities of special urban areas, type I, type II, type III according to the provisions of law on urban classification;
• surface water sources are used for domestic water supply purposes according to the provisions of law on water resources;
• nature reserve according to the provisions of law on biodiversity, forestry and fisheries;
• protection area 1 of historical-cultural relics according to the provisions of law on cultural heritage;
• core area of natural heritage (if any) according to the provisions of law on environmental protection.

Emission restriction areas include:

• buffer zones of strictly protected areas specified in Clause 2 of this Article (if any);
• important wetlands have been identified according to the provisions of law;
• surface water protection corridor used for domestic water supply purposes according to the provisions of law on water resources;
• concentrated residential areas are inner cities and inner cities of class IV and class V urban areas according to the provisions of law on urban classification;
• water entertainment area according to the decision of the Provincial People's Committee;
• areas with environmentally sensitive factors that are vulnerable to the effects of other environmental pollution need to be protected.

And the other area is the remaining area in the area.

Natural dangers

Decision 02/QD-TWPCTT issuing a handbook guiding on the development of response plan corresponding to levels of natural disaster risk (https://thuvienphapluat.vn/van-ban/Tai-nguyen-Moi-truong/Quyet-dinh-02-QD-TWPCTT-2020-So-tay-huong-dan-xay-dung-phuong-an-ung-pho-thien-tai-447154.aspx).

To ascertain whether a piece of land is embroiled in a dispute, several avenues can be pursued:

• engage with the competent authorities such as the Department of Natural Resources and Environment within the district, the People's Committee of the commune, ward, or town where the land is situated. Alternatively, direct contact with the cadastral official of the specific commune, ward, or town is advisable
• apply for land information at the Land Registration Office/Branch where the land plot is situated, adhering to the prescribed application form outlined in Article 11 and Article 12 of Circular 34/2014/TT-BTNMT delineating the requisite documentation and procedures for land information
• collaborate with surrounding residents or adjacent land users for potential insights
• liaise with the civil enforcement agency to ascertain if the land parcel is subject to the execution of a settlement judgment regarding a land dispute
• seek information via the notary office for additional avenues of inquiry.