What is the process for registering property ownership in Vietnam? - Pháp luật đại cương | Đề tài Câu hỏi luật

lOMoAR cPSD| 44919514
1.What is the process for registering property ownership in Vietnam?
the process for registering property ownership in Vietnam is outlined in Civil Code (Articles 686 and 687).
The process for registering property ownership in Vietnam involves the following steps:
Preparation of necessary documents: This includes proof of identity, proof of ownership
(such as a sale and purchase agreement), and other relevant documents.
Submit the application: The property ownership registration application is submitted to the
local Department of Natural Resources and Environment, along with the required documents.
Inspection: The local authorities will inspect the property to verify its authenticity and make
sure that it complies with the laws and regulations.
Approval: After the inspection, if everything is in order, the authorities will approve the ownership registration.
The final step is to receive a certificate of ownership, which serves as proof of ownership.
2.What is the role of the courts in resolving disputes over property ownership in Vietnam?
According to the Civil Procedure Code (Article 226), courts have jurisdiction over cases
involving ownership and other rights to property
If a dispute cannot be resolved through negotiation, mediation, or arbitration, the parties
may bring the dispute before a court for a final resolution. The courts have the authority to
make binding decisions and enforce their decisions through the use of various legal
remedies, such as seizure of property or garnishment of wages. The court process typically
involves submitting a lawsuit, presenting evidence, and making arguments before a judge
or panel of judges. The decision of the court is final and binding. lOMoAR cPSD| 44919514
3.A foreign individual wants to purchase a piece of land in Vietnam for commercial
purposes. What are the steps they need to take and what restrictions they may face in this process?
A foreign individual who wants to purchase a piece of land in Vietnam for commercial
purposes must follow the steps outlined in the Law on Foreign Investment in Vietnam
(Article 14) and the Land Law (Article 74). Here are the key steps:
Obtain a Business Registration Certificate or Investment Registration Certificate (IRC)
from the Department of Planning and Investment.
Obtain approval from the local government for the proposed land use. Obtain a permit to
use land from the Department of Natural Resources and Environment.
Register the ownership of the land with the local People's Committee. In terms of
restrictions, foreign individuals face certain limitations on land ownership in Vietnam.
According to the Law on Foreign Investment in Vietnam (Article 14), foreign individuals
are restricted from owning agricultural land, forest land, and land used for national defense
and security purposes. Foreign individuals may also face restrictions on the amount of land
they can purchase and the types of activities they can conduct on the land. Additionally,
the transfer of land ownership to a foreign individual must be approved by the Ministry of
Planning and Investment, and the sale and purchase agreement must be written in
Vietnamese and translated into a foreign language, if necessary. It is important for the
foreign individual to seek the advice of a local lawyer or real estate agent to understand the
specific restrictions and requirements for purchasing land in Vietnam.
4.A Vietnamese citizen wants to transfer ownership of a piece of land to their child. What
are the steps they need to take and what restrictions they may face in this process? lOMoAR cPSD| 44919514
A Vietnamese citizen who wants to transfer ownership of a piece of land to their child must
follow the steps outlined in the Land Law (Article 84) and the Civil Code (Article 687). Here are the key steps:
Prepare a transfer contract in writing, signed by both the transferor and the transferee.
Notify the local People's Committee of the transfer, including providing a copy of the transfer contract.
Register the transfer of ownership with the local Department of Natural Resources and
Environment. In terms of restrictions, the transfer of land ownership is subject to certain regulations and limitations.
According to the Land Law (Article 84), the transfer of land ownership is not allowed if it
contravenes the regulations on the use of land, national defense and security, or
environmental protection. Additionally, land use rights and ownership rights cannot be
transferred to organizations or individuals who are banned from conducting business
activities or are not eligible to own land according to the law. It is important for the
Vietnamese citizen to seek the advice of a local lawyer or real estate agent to understand
the specific restrictions and requirements for transferring land ownership in Vietnam.