Guidelines for Registration of Apartment Unit Ownership, Activity Registration, and Ownership Transfer
公寓单元所有权登记、活动登记及所有权变更指南
ຄຳແນະນຳວ່າດ້ວຍ ການຂື້ນທະບຽນ ກຳມະສິດຫ້ອງຊຸດ, ການຈົດທະບຽນການເຄື່ອນໄຫວ ແລະ ການປ່ຽນແປງກຳມະສິດຫ້ອງຊຸດ ໃນຄອນໂດມິນຽມ
Summary
This regulation governs the registration of apartment unit property rights, activity registration, and change registration, focusing on standardizing procedures, methods, and steps to protect property owners' rights and ensure transparency and fairness.
Articles
Article
Lao People's Democratic Republic
Peace, Independence, Democracy, Unity, Prosperity
Ministry of Natural Resources and Environment
Guidance
On Registration of Condominium Unit Ownership, Registration of Activities
and Changes of Condominium Unit Ownership in Condominiums
-- Pursuant to the Land Law No. 70/NA, dated 21 June 2019;
-- Pursuant to the Decree on Condominiums No. 352/PM, dated 14 November 2023;
-- Pursuant to the Decree on Organization and Activities of the Ministry of Natural Resources and Environment No. 573/PM, dated 20 September 2022;
-- Pursuant to the Letter of Opinion of the Department of Land No. 0334/MONRE.DOL, dated 27 January 2025.
The Minister issues the Guidance:
Chapter 1
General Principles
1. Purpose
This instruction defines the regulations, methods, and procedures regarding the registration of condominium unit ownership, registration of activities and changes in condominium unit ownership in condominiums, in order to manage, monitor, and inspect such work through recording and certifying condominium unit ownership accurately according to reality, aiming to protect the rights and interests of condominium unit owners, ensure social peace, order, transparency, justice, and legality, contributing to socio-economic development.
2. Registration of condominium unit ownership, registration of activities and changes in condominium unit ownership
Registration of condominium unit ownership is the issuance of a certificate to individuals, legal entities, and organizations that own condominium units in a condominium.
Registration of condominium unit ownership activities is the recording and certification of activities where the owner leases, mortgages, consigns, or otherwise disposes of the ownership rights.
Registration of changes in condominium unit ownership is the recording and certification of the transfer of unit ownership from the owner to another person by issuing a new unit ownership certificate, through inheritance, purchase and sale, contribution as capital, donation, exchange, court decision, or other cases.
3. Definition of Terms
Terms used in this guideline have the following meanings:
Condominium regulations refer to the condominium management regulations established by the condominium management board;
2) Condominium juristic person means a person who has been granted permission to operate a condominium business;
3) Condominium means a multi-story building with many rooms, including various facilities, permitted by the state to be constructed through land registration as a juristic person, to be built as a condominium, whose units can be sold or transferred as ownership to individuals, juristic persons, and organizations both domestic and foreign;
4) Unit means the rooms within a condominium that can be owned by individuals, juristic persons, and organizations both domestic and foreign.
4. Scope of Application
This guideline applies to individuals, juristic persons, and organizations who are Lao citizens, including those residing in or outside the country.
Foreigners, stateless persons, foreigners and foreign persons of Lao ethnicity, and organizations of such individuals living and operating in the Lao PDR.
Section 2
Types, Procedures and Elements of Condominium Unit Ownership Registration
1. Types of Condominium Units
Condominium units are classified into the following types:
1) Residential: a condominium unit designated as a residence for individuals and families;
2) Office, workplace: a condominium unit designated as a workplace for offices, agencies, enterprises;
3) Commercial and service: a condominium unit designated as a commercial and service center, such as shopping centers, supermarkets, restaurants, fitness centers.
2. Procedures for Registration of Condominium Unit Ownership
The procedures for registration of condominium unit ownership are as follows:
> Compilation of documents for application for registration of condominium unit ownership;
> Receipt of application and examination of supporting documents for application for registration of condominium unit ownership;
-- Consideration of registration of condominium unit ownership.
For the application for permission to conduct business, construction, and registration of land for building a condominium, it is stipulated in the decree on condominiums and other relevant laws.
2.1 Compilation of documents for application for registration of condominium unit ownership
The registration of condominium unit ownership requires the following documents:
1) A copy of the land title deed issued in the name of the condominium;
2) A plan of the condominium unit showing the width, length, and height;
3) A document certifying the proportion of ownership in the common property;
4) Copy of ID card, family book, or residence certificate of the condominium unit owner for individuals, copy of business registration certificate for legal entities;
5) Copy of passport or foreigner ID card for foreigners or stateless persons, certificate or establishment permit from relevant state organization for foreign or international organizations;
6) Lease or concession contract for lease or concession of land from the state, individual, or legal entity for construction of condominium.
2.2 Receipt of application and examination of supporting documents
The Provincial Department of Natural Resources and Environment where the condominium is located shall receive the application for registration of condominium ownership and conduct examination of the application and supporting documents.
The registration of condominium ownership shall be completed within five working days from the date of receipt of the application. If the documents are found to be incorrect or incomplete, the applicant shall be notified in writing with reasons.
2.3 Consideration of condominium ownership registration
The Provincial Department of Natural Resources and Environment must consider the registration of condominium ownership by issuing a registration certificate and a condominium ownership certificate within five working days from the date of completion of the examination of the documents for the application for registration of condominium ownership.
In case of disagreement, a written reply must be given to the applicant with reasons.
For special economic zones, the management committee of the special economic zone is assigned to register condominium ownership in accordance with the relevant laws and regulations.
3. Components for Registration of Condominium Unit Ownership
The components for registration of condominium unit ownership are as follows:
3.1 Condominium Building Plan
The condominium building plan is a plan of the condominium building showing the number of floors, the number of units on each floor, the name of the building, the unit numbers on each floor, hallways, elevators, and various amenities, certified by the relevant department.
3.2 Unit Plan
The unit plan is a plan of the unit showing its shape, including the condominium name, building registration number, land title deed number, floor number, adjacent unit numbers, unit number, width, length, height, scale, and area of the unit within the condominium, according to the format of the condominium building plan certified by the relevant department.
3.3 Registration Form and Condominium Ownership Register
The condominium ownership registration form is a document that records information from the registration of condominium ownership into the condominium ownership register, according to the sequence number of each unit in the condominium, with the signature and seal of the Director of the Provincial Department of Natural Resources and Environment at the top, as well as the sequence number and seal on each form.
The condominium ownership register is a book that compiles the condominium ownership registration forms that have been registered in each condominium. One condominium ownership register contains fifty forms, and one condominium may have multiple condominium ownership registers depending on the number of units.
3.4 Table of Contents of the Condominium Ownership Register
The table of contents of the condominium ownership register is a compilation of all condominium ownership registration forms, located at
Each condominium building is registered as a single unit.
3.5 Unit Ownership Certificate
The unit ownership certificate is the sole primary document certifying ownership of a unit, which is extracted from the unit ownership register and issued to the unit owner as a single copy to be held as evidence until changes occur according to conditions stipulated by laws and regulations.
4. Name Registration on the Condominium Construction Land Title
Name registration on the condominium construction land title includes the following:
1) For a condominium with a single investor who is also the owner of the land use right and is a Lao citizen, the land for condominium construction shall be registered under the name of that condominium;
2) Condominiums with joint investment among Lao citizens or between Lao citizens and stateless persons, foreigners, or foreign persons of Lao ethnicity shall be registered as land for construction of the condominium, issued in the name of that condominium, but must specify the number and date of the joint investment agreement in the designated place, stating the acquisition of the land use right, and specify the number of shares of the person contributing the land use right as capital in the designated form, stating the status as owner of the land use right in the land title deed;
3) Condominiums built on land leased from individuals, legal entities, or organizations shall keep the name of the original owner of the land use right unchanged, but must register the transfer of the land use right on the back of the said land title deed in accordance with the law;
4) Condominiums built on state land lease or concession areas, or areas with purchase of state-allocated land use rights for a fixed term, shall proceed with land registration for the condominium construction, recording the condominium name on the state land title deed according to the term of the lease, concession, or purchase of state-allocated land use rights contract.
5. Condominium Document File
The condominium document file is a compilation of various documents related to the registration of condominium ownership and the registration of movements and changes in condominium ownership, such as: documents certifying the acquisition of condominium ownership, copies of household registration or ID cards, address certificates, business registration certificates, forms
Technical aspect. If a person is stateless, stateless person, foreigner, or foreigner of Lao ethnicity, they must have a certificate or passport that is valid according to the law.
For the registration of condominium unit ownership for each unit, a condominium unit document file shall be created to serve as long-term evidence and stored in the information system to ensure security, enabling tracking of the status of movements and changes in condominium unit ownership over time.
Section 3
Types and Procedures for Registration of Condominium Unit Ownership Movements
1. Types of Registration of Condominium Unit Ownership Movements
The registration of condominium unit ownership movements includes the following types:
1) Leasing;
2) Using condominium unit ownership as collateral;
3) Sale of condominium unit ownership;
Acquisition of condominium ownership. If the objection is not mediated or resolved according to the law, or if no lawsuit is filed with the court within twenty working days from the date of submission of the objection, and without a certification document from the relevant authority, the objection shall be considered unfounded.
In the case where a final court judgment has been rendered and an order to execute the judgment has been issued, the registration of the transfer of condominium ownership shall be carried out, unless there is an order for retrial according to the law.
1.1 Lease Registration
1.1.1 Registration of Condominium Lease Agreement
A condominium lease agreement is an agreement between the lessee and the lessor, certified by the village administrative authority, the court registration office, and the registration of condominium ownership activities at the Provincial Department of Natural Resources and Environment where the condominium is located, upon the request of either party.
The documents required for registration of a condominium lease agreement from a Lao citizen include:
-- Application for registration;
Condominium lease agreement;
Certificate of authenticity of the condominium ownership certificate;
Original condominium ownership certificate;
Copy of household registration and copy of identity card of the lessee. If the lessee is a foreigner, stateless person, alien, or Lao-origin foreigner, they must have a valid certificate or passport in accordance with the law.
-- Other related documents (if any),
1.1.2 Registration of changes to the condominium lease agreement
The condominium lease agreement may be amended by mutual agreement of the parties, such as increasing or decreasing the rent payable under the contract; increasing or decreasing the lease term; changing, deleting or adding terms of the lease agreement, which must be re-registered.
1.1.3 Registration of sublease of condominium
The condominium lease agreement may be subleased to another person, but the term of the sublease shall not exceed the term of the master lease. Each time a sublease is granted, prior consent of the lessor must be obtained. If the master lease agreement specifies conditions allowing sublease, the lessee may proceed directly.
Subletting a condominium lease to another person requires a written sublease agreement between the original lessee and the new lessee. Thereafter, the new lessee shall register the said agreement at the Provincial Department of Natural Resources and Environment.
1.1.4 Registration of Condominium Lease Transfer
A condominium lease contract that has not yet expired may be transferred to another person for lease, but prior consent from the lessor must be obtained. If the original lease contract specifies conditions allowing the transfer of the lease, it may proceed directly.
The transfer of the lease must be made through a written lease assignment agreement between the original lessee and the new lessee.
The new lessee must fulfill the rights, obligations, and conditions of the original lessee in accordance with the contract, laws, and regulations.
After that, register the contract at the Provincial Department of Natural Resources and Environment.
1.1.5 Registration of Succession of Condominium Lease Contract
If the condominium lessee dies, their property, including rights and obligations related to the lease contract, shall pass to the successor according to law or will. However, the succession of inheritance must be certified. After that, register the contract at the Provincial Department of Natural Resources and Environment.
1.1.6 Cancellation or Revocation of Registration of Condominium Ownership Activities
The condominium lease contract shall be cancelled or the registration of condominium ownership activities revoked in each case as follows:
1) Expiration of the lease contract;
2) Agreement between the parties to the contract;
3) Waiver of lease right;
4) Abandonment of lease right;
5) Violation of law or lease contract conditions;
6) Court judgment.
Termination of the condominium lease contract as specified above must be notified to the relevant parties to serve as a basis for deregistration.
Registration of termination or cancellation of the condominium lease contract must be completed within two working days from the date of receipt of the written notice from either party to the contract or from the person entitled to terminate or cancel, or the enforcement order of the court judgment, and payment of fees and service charges in accordance with laws and regulations.
1.2 Registration of Using Condominium Ownership Certificate as Collateral
1.2.1 Using Condominium Ownership Certificate as Collateral
Using a condominium ownership certificate as collateral is an agreement between the pledgor and the pledgee to use the condominium ownership certificate as security for the repayment of a debt or the performance of an obligation between a creditor and a debtor, or as a guarantee for a person or legal entity to repay a debt or perform an obligation on behalf of a debtor, in the form of a mortgage or pledge.
The documents accompanying the application for registration of using a condominium ownership certificate as collateral include:
- Application for registration;
- Mortgage or pledge guarantee contract;
> Loan agreement between the lender and the borrower;
- Certified copy of the condominium ownership certificate;
- Original condominium ownership certificate;
- Copy of identity card or residence certificate and copy of family register. Stateless persons, foreigners, and foreign nationals of Lao descent must have a valid identification document or passport;
- If a legal entity or social organization, must have a copy of the business license, enterprise registration certificate, or social organization establishment permit;
- Other relevant documents (if any).
Before proceeding with the registration of using the condominium ownership certificate as collateral, if there is an objection from directly involved parties or those who obtained the condominium ownership through transfer or inheritance,
Inheritance: suspend the registration of the transfer of condominium ownership until it is resolved in accordance with the law.
1.2.2 Using the condominium ownership certificate as commercial collateral for mortgage
Using the condominium ownership certificate as commercial collateral for mortgage means guaranteeing the repayment of debt or performance of other obligations by depositing the ownership certificate serving as collateral with the mortgagee or another person, to be held or possessed by the mortgagee or other person as agreed. The mortgagee has the right to use the condominium or receive benefits from it, but has no right to charge interest from the mortgagor.
And is also responsible for paying management fees and maintaining that condominium. When the debtor has performed the obligation,
After the obligation is fulfilled, the pledge shall terminate, and after the registration of the cancellation of the use of the condominium ownership certificate as collateral, that condominium ownership must be returned to the pledgor or the owner of the condominium ownership.
1.2.3 Using the condominium ownership certificate as collateral for a pledge
Using the condominium ownership certificate as collateral for a pledge is the guarantee of repayment of debt and performance of other obligations to the pledgee or creditor by registering the condominium ownership certificate brought for pledge as collateral. After the registration of the transfer of the condominium ownership right, the pledgor or the owner of the condominium ownership certificate or the debtor must deliver the original condominium ownership certificate to the pledgee or creditor.
The mortgagee or creditor is the custodian.
If the mortgagor or condominium owner or debtor fails to repay the debt within the stipulated time, the mortgagee or creditor must consult and reach an agreement between the creditor and debtor regarding the repayment of the debt, such as repayment by transferring the condominium ownership, selling the condominium ownership, or auctioning the condominium ownership.
In case the contracting parties cannot reach an agreement, the matter shall be resolved through judicial proceedings.
1.2.4 Using the condominium ownership certificate as collateral for another person's loan
Using the condominium ownership certificate as collateral for another person's loan must be done with a written assignment of rights between the condominium owner who acts as the guarantor and the recipient.
The rights of the borrower shall be certified by at least three witnesses, the village administrative authority where the condominium is located, and certified by the court registration authority in accordance with laws and regulations.
The mortgage guarantee contract must be signed by the owner of the condominium unit who is the guarantor, the assignee who is the borrower, and the mortgagee or creditor, certified by at least three witnesses, the village administrative authority where the condominium is located, and certified by the court registration authority in accordance with laws and regulations.
If the borrower or debtor fails to repay the debt to the mortgagee or creditor on time, the owner of the condominium unit who is the guarantor shall have the obligation to repay such debt through negotiation.
It is agreed between the owner of the condominium unit who is the guarantor, the borrower or debtor, and the mortgagee or creditor, regarding the settlement of debts, including settlement by transfer of condominium ownership, sale of condominium ownership, or auction sale of condominium ownership. In case the contracting parties cannot reach an agreement, the matter shall be resolved in accordance with judicial procedures.
1.2.5 Using a single condominium unit ownership certificate as collateral with multiple creditors
In the case of using a single condominium unit ownership certificate as collateral with multiple creditors, after each registration of the transfer of condominium ownership, which creditor keeps the original condominium unit ownership certificate shall be determined by agreement among the creditors themselves.
Using a single unit ownership certificate as collateral with multiple creditors requires entering into a pledge or mortgage agreement between the debtor and each creditor, then registering each agreement at the provincial Department of Natural Resources and Environment where the condominium is located. The registration of such agreements shall be based on the loan amount specified in each agreement.
Using a single unit ownership certificate as collateral with multiple creditors is subject to the following conditions:
The unit ownership certificate used as collateral must be the debtor's unit ownership, or if it belongs to another person, there must be written consent from that person, in accordance with the law. Unless otherwise provided by relevant laws;
The certificate of ownership of the condominium unit used as collateral must have a value exceeding the debt at the time of collateralization, including previous collateralization, according to the agreement between the creditor and the debtor or according to the valuation of the condominium unit at that time;
- The remaining value of the certificate of ownership of the condominium unit used as collateral must be clearly determined or stated in the collateral contract with the first creditor and subsequent creditors, unless otherwise agreed in the collateral contract;
- The debtor who has used the certificate of ownership of the condominium unit as collateral must notify the first creditor in writing at least fifteen days in advance about the additional collateral, and notify the new creditor about the previous collateral, so that such creditor may consider the additional collateral with themselves.
1.2.6 Priority of security, mortgage, or pledge agreements
A creditor who has entered into a security, mortgage, or pledge agreement with a single condominium unit certificate shall be entitled to satisfaction or performance before other creditors, as follows:
1) Among creditors who control the security right before other creditors in accordance with the law, that creditor shall have priority;
2) Among creditors who have registered a security, mortgage, or pledge agreement, the one who registered the security before other creditors shall have priority;
3) Among creditors with unregistered security, mortgage, or pledge agreements, the one who possesses the property or controls the security right before other creditors shall have priority.
1.2.7 Registration of addition or withdrawal of condominium ownership certificate as collateral
In the event that the creditor and debtor have agreed to add or withdraw the condominium ownership certificate as collateral, there must be an additional agreement on the conditions for adding or withdrawing the condominium ownership certificate used as collateral.
The Provincial Department of Natural Resources and Environment where the condominium is located shall consider and carry out the registration of the addition or withdrawal of the condominium ownership certificate as collateral, upon the request of either party to the contract, to be completed within three working days from the date of receipt of the request, and must coordinate between the contracting parties and the land officer and make a record.
Of the individual, according to the prescribed printed form.
Regarding the registration of guarantee contracts, mortgage or pledge, having taken possession of property or having
pledged to another person
Registration of additional condominium ownership certificates to increase the amount and withdrawal, taking the
condominium ownership certificate as collateral shall be carried out as follows:
1) In the case of registering an additional condominium ownership certificate that serves as collateral to increase the loan amount or increase the value of the original collateral, fees and service charges must be paid for the increased amount according to the regulations;
2) In the case of withdrawing any condominium ownership certificate that serves as collateral, the registration of cancellation or release of the condominium ownership guarantee for the withdrawn portion shall be made, and fees and service charges must be paid according to the regulations.
1.2.89 Registration of Waiver of Priority and Transfer of Security
A guarantee contract, mortgage, or pledge may be transferred to another person, but must be registered at the Provincial Department of Natural Resources and Environment where the condominium is located.
The mortgagee or pledgee with priority may waive their priority in favor of another creditor who has a mortgage or pledge, but not exceeding the value of their claim.
The mortgagee or pledgee has the right to transfer their security to another creditor of the same debtor who has no security, but not exceeding the value of the debt secured by the security.
The mortgagee or pledgee may transfer the security, including benefits, priority, and related rights.
provide its guarantee to another person, but not exceeding the value of the guarantee.
1.2.9 Registration of changes to guarantee, mortgage, or pledge contracts (with condominium ownership)
Guarantee, mortgage, or pledge contracts (with condominium ownership) may be amended by mutual agreement of the parties, such as: increasing or decreasing the interest rate; increasing or decreasing the loan amount; increasing, decreasing, or changing the repayment period; changing, deleting, or supplementing the content of the guarantee, mortgage, or pledge contract or the loan agreement must be re-registered at the Provincial Department of Natural Resources and Environment where the condominium is located.
1.2.10 Registration of guarantee, condominium lease agreement
The condominium lease agreement can be used as collateral with banks and financial institutions, upon agreement between the lessee and lessor, and then registered at the provincial Department of Natural Resources and Environment where the condominium is located.
The condominium lease agreement can be used as collateral with domestic and foreign banks and financial institutions.
1.2.11 Registration of cancellation or termination of guarantee, mortgage, or pledge agreements involving condominium ownership rights
The guarantee, mortgage, or pledge agreement involving condominium ownership rights shall be registered for cancellation or termination in any of the following cases:
1) The pledgee or mortgagee requests cancellation or termination of the registration;
2) There is a court judgment to cancel the guarantee.
The cancellation or revocation of a guarantee contract, mortgage, or pledge using condominium ownership shall be carried out
by registering the cancellation or revocation at the relevant contract registration office. After the cancellation or revocation is registered, the condominium ownership certificate used as collateral shall terminate its rights and obligations under the contract, and the condominium ownership certificate shall be returned to the condominium owner or their authorized representative.
1.3 Registration of transfer of condominium ownership from sale with right of repurchase
1.3.1 Registration of a sale with right of repurchase contract
A sale with right of repurchase contract is an agreement between the parties for the purchase and sale of condominium ownership, whereby the seller has the right to repurchase the sold condominium ownership within five years for immovable property, at the price at which it was sold.
Then, record the condominium ownership activity on the back of the condominium ownership registration certificate and the relevant condominium ownership certificate.
If the installment sale contract term expires, the seller has the right to extend the installment sale period, provided that an agreement was reached beforehand at the time of making the contract, but not exceeding five years. Upon expiration, if the seller does not repurchase that condominium ownership, the buyer will become the absolute owner of that condominium ownership and shall register the change of condominium ownership by issuing a new condominium ownership certificate to the buyer in accordance with relevant laws and regulations.
An installment sale contract for condominium ownership between individuals, legal entities, or organizations who are Lao citizens must be certified by the village administrative authority, the court registration authority, and must submit such contract.
Go to register the transfer of condominium ownership rights at the Provincial Department of Natural Resources and Environment where the condominium is located, upon the request of either party to the contract.
The Provincial Department of Natural Resources and Environment shall complete the registration from consignment within three working days from the date of receipt of the application, by mediating between the contracting parties and the landowner, and making a mediation record in the prescribed form, and the applicant must pay fees and service charges in accordance with laws and regulations.
Before proceeding with the registration from consignment, if there is an objection from a directly interested party or the condominium owner, the registration shall be suspended until the issue is resolved.
The set of documents for registration application from installment sale includes the following:
> Application for registration;
-- Installment sale contract;
-- Original certificate of ownership of the condominium unit;
Copy of identity card or residence certificate and copy of family register. If it is an alien, stateless person, foreigner, foreigner of Lao origin, must have a valid identity card or passport in accordance with the law;
-- Other relevant documents (if any).
1.3.2 Succession of registration from installment sale
In case either party to the installment sale contract dies, the person entitled to inherit the estate has the right to succeed the rights and obligations as stipulated in the installment sale contract.
The succession of the installment sale contract must use the form (certificate of inheritance of estate) to
Submit confirmation and acknowledgment from relevant parties, then notify the registration of such contract, leading the relevant parties according to the defined scope of responsibility.
1.3.3 Cancellation or deletion of registration from installment sale
The Provincial Department of Natural Resources and Environment shall carry out the cancellation or deletion of the registration of the transfer of condominium ownership from installment sale, upon the request of the buyer after the seller has purchased the condominium ownership according to the installment period from the buyer, or there is a final court decision to cancel that installment sale contract.
In case there is a final court decision, the installment sale contract for condominium ownership shall be canceled.
The Provincial Department of Natural Resources and Environment, where the condominium is located, is responsible for carrying out the registration of cancellation of that sale and purchase agreement.
The registration of cancellation or revocation of the sale and purchase agreement for condominium unit ownership must be completed within two working days from the date of receipt of the application document from the buyer or the office or the unit implementing the court judgment, and the applicant for registration of cancellation of the sale and purchase agreement must pay fees and service charges in accordance with laws and regulations.
2. Procedures for registration of transfer of condominium unit ownership
The registration of transfer of condominium unit ownership includes the following steps:
2.1 Step 1:
The owner of the condominium unit or the authorized representative shall submit an application or proposal in the prescribed form and other relevant documents to the Provincial Department of Natural Resources and Environment where the condominium is located, in order to verify the authenticity of the condominium unit ownership certificate within five working days from the date of receipt of the application, by comparing with the condominium unit ownership register, the condominium unit ownership certificate, checking the condominium plan, and reviewing the relevant condominium unit document file. If it is found to be truly owned by the person concerned and not used for other purposes, and there is no objection,
Without division, without seizure from the relevant agency, the Provincial Department of Natural Resources and Environment then issues a certification of the correctness of the condominium unit ownership certificate, and collects service fees as stipulated in the Presidential Decree on fees and service charges for each period.
2.2 Step Two:
After verifying the correctness of the condominium unit ownership certificate, the Provincial Department of Natural Resources and Environment provides the said document to the condominium unit owner or authorized representative to submit to the registration authority where the condominium is located, to certify the correctness of the content of the contract in accordance with the law. Contracts and various documents that have been certified for the correctness of the contract content from
After registration with the court registry, the transfer of condominium ownership must be registered at the provincial Department of Natural Resources and Environment to monitor the transfer of such condominium ownership in accordance with the law.
2.3 Step Three:
After the provincial Department of Natural Resources and Environment has received the contract and documents certified by the court registry, it shall calculate the fees and service charges related to condominium ownership as stipulated in the Presidential Decree on Fees and Service Charges. Thereafter, the condominium owner shall deposit the money into the state budget in accordance with laws and regulations.
After that, proceed with the registration of the transfer of condominium ownership, jointly by the parties.
Sign a contract with the landowner and sign a joint memorandum, then register the contract and other related documents, with the signature of the head of the land division, and record it in the condominium ownership activity registration book on the back of the condominium registration certificate and the condominium ownership certificate. Then, the head of the provincial Department of Natural Resources and Environment shall sign within two working days from the date of signing the joint memorandum between the contracting parties and the landowner. In case of cancellation or revocation of the registration of condominium ownership activities, the cancellation or revocation shall be registered on the back of the condominium ownership registration certificate and the condominium ownership certificate as prescribed.
In case the printed table on the back of the condominium ownership registration certificate and the condominium ownership certificate are fully filled with registration of condominium ownership activities, attach the printed table of the appendix for registration of condominium ownership activities to the back of the condominium ownership registration certificate and the condominium ownership certificate.
After the registration of each type of condominium ownership activity is completed, keep the contract or documents related to that condominium in the relevant condominium file for long-term evidence.
Chapter 4
Types and Procedures for Registration of Changes in Condominium Ownership
1. Types of Registration of Changes in Condominium Ownership
Types of registration of changes in condominium ownership include:
1) Inheritance of estate;
2) Sale of condominium ownership;
3) Contribution of condominium ownership as shares;
4) Transfer or assignment of condominium ownership;
5) Exchange of condominium ownership;
6) Court judgment.
Inheritance, sale, contribution as shares, transfer or assignment, exchange, court judgment or other cases must be certified by the village administrative authority and the court registration authority, then registered for change of condominium ownership at the Provincial Department of Natural Resources and Environment where the condominium is located, through the land officer.
The Provincial Department of Natural Resources and Environment must carry out the registration of change of condominium ownership within five working days from the date of receipt of the application or request.
If an objection has been raised but the person concerned has not formally submitted it, the relevant parties shall conduct mediation or resolve it according to the law, or if no lawsuit has been filed with the court within the prescribed period of twenty working days from the date of submission of the application, the objection shall be deemed to have no grounds for such objection.
In the case where there is a final and binding court judgment, an objection raised by the person involved in that case or an objection raised by another unrelated person, as specified in paragraph one of this section, shall not be considered.
1.1 Registration of Inheritance of Estate
Inheritance of condominium ownership estate means the transfer of the estate of the deceased to
To the heirs, according to law or will. Inheritance of condominium ownership is the right to receive condominium ownership from the deceased decedent, which passes to the entitled heirs according to law or will.
Estate means the property owned by the deceased, including the rights and obligations of the person, except for rights and obligations that the law or contract stipulate must be performed by the deceased personally during his or her lifetime.
Inheritance of condominium ownership by law is ranked in the order of receiving the estate according to the Civil Code as follows:
- The decedent's legitimate children, adopted children, illegitimate children, including unborn children, also have the right to inherit the estate, with the mother as the manager of the child's property.
The spouse (husband or wife) of the heir who is still alive;
-- Father, mother, grandfather, grandmother, paternal grandfather, maternal grandmother, great-grandparents of the heir;
-- Older brother, older sister, younger sibling, uncle, aunt, uncle, aunt, nephew, niece, grandchild of the heir;
The State or a legal entity or other person as provided by law.
The division of inheritance that is condominium ownership shall be carried out in accordance with the law.
Inheritance of condominium ownership by will is the expression of the will of the owner of the condominium ownership to give his condominium ownership to a person, legal entity, or organization by writing or orally. The will takes effect from the day of the death of the property owner. Inheritance by will is provided for in the Civil Code.
The application package for registration of inheritance of condominium ownership includes the following:
- Application for registration;
- Certificate of inheritance according to law or will (if there is a division of inheritance, a record of the division must be attached);
- Death certificate;
- Certificate (certifying the authenticity of the condominium ownership certificate);
- Certificate of kinship (heir);
- Original condominium ownership certificate;
- Copy of identity card or residence certificate and copy of family register. If the person is stateless, stateless person, foreigner, or foreigner of Lao ethnicity, a certificate or passport must be provided in accordance with the law;
- Other relevant documents (if any).
1.2 Registration of Sale of Condominium Ownership
The sale of condominium ownership is an agreement between the parties, whereby the seller has the obligation to transfer their condominium ownership to the buyer, and the buyer must accept the condominium ownership and has the obligation to pay the price as agreed. The seller must be the owner of the condominium being sold; if the condominium sold to the buyer is seized by court order, the seller must compensate the buyer for damages.
The contract for sale of condominium ownership must be certified by the village administrative authority and the court registration authority, and must be registered for the change of condominium ownership arising from the sale. The buyer becomes the owner of the condominium from the date of registration of the change of condominium ownership, by issuing a new condominium ownership certificate to the buyer.
Individuals, legal entities or organizations that engage in buying and selling condominium units, particularly buying multiple condominium units for the purpose of reselling them in a business manner, without having obtained a condominium business license from the Ministry of Natural Resources and Environment as stipulated in the Decree on Condominiums, the provincial Department of Natural Resources and Environment shall absolutely not issue a certificate of condominium ownership to the buyer.
The documents accompanying the application for registration of the purchase and sale of condominium ownership include:
- Application for registration;
- Contract for the purchase and sale of condominium ownership;
- Certificate of payment through the banking system;
- Certificate of kinship (recipient);
- Original certificate of condominium ownership;
Copy of identity card or residence certificate and household registration of the buyer. If it is a stateless person, stateless person, foreigner, foreigner of Lao origin, must have a certificate or passport valid under the law;
-. Other relevant documents (if any).
1.3 Registration of condominium ownership as shares
Individuals, legal entities or organizations who are Lao citizens, as well as stateless persons, stateless persons, foreigners, foreigners of Lao origin, can contribute their condominium ownership as shares in a joint venture with an enterprise duly registered under the laws of the Lao PDR, by appraising the value of the condominium and registering the change of condominium ownership.
The contribution of condominium ownership by individuals, legal entities, and organizations who are Lao citizens, stateless persons, foreigners, or foreign nationals of Lao descent as shares in a joint venture with an enterprise shall be registered by changing the name on the condominium ownership certificate, issued to: the name of the enterprise receiving the contribution. For the acquisition of condominium ownership, the following wording shall be written: "+ Contributed as shares under contract No. ____, dated ____" of the contribution of condominium ownership as shares, and for the status of owner of condominium ownership, the following wording shall be written: "+ Contributed as shares" with the percentage of the contribution specified.
The documents attached to the application for registration of the contribution of condominium ownership as shares include:
> Application for registration;
-- Contract for contribution of condominium ownership as shares;
-- Original condominium ownership certificate;
-- Copy of enterprise registration certificate;
-- Other relevant documents (if any).
1.4 Registration of donation or transfer of condominium ownership
Donation of condominium ownership is the agreement of the condominium owner to give his/her condominium ownership to someone voluntarily, without demanding any compensation, and the recipient agrees to accept that condominium ownership.
Transfer of condominium ownership is the agreement of the condominium owner to give his/her condominium ownership to someone, whereby the recipient must fulfill a certain obligation as agreed before or after receiving that condominium ownership. The recipient of condominium ownership becomes the owner only after fulfilling the obligation.
As stated completely. In case of incomplete performance or impossibility of performance, the assignor of the condominium ownership has the right to cancel such contract.
Documents accompanying the application for registration of transfer or waiver of condominium ownership include:
> Application for registration;
-- Certificate of transfer or waiver of condominium ownership;
- Original certificate of condominium ownership;
- Copy of identity card or residence certificate and copy of family register of the recipient; if the recipient is a stateless person, a person without nationality, a foreigner, or a foreigner of Lao descent, there must be a certification document or passport valid under the law;
-. Other relevant documents (if any).
1.5 Registration of exchange of condominium ownership
Exchange of condominium ownership is an agreement between parties whereby one party transfers its condominium ownership to the other party, and the other party transfers its condominium ownership or other property belonging to it in return.
The contract for exchange of condominium ownership shall be executed in the same manner as the regulations for the contract of sale of condominium ownership. The exchange contract shall become effective when the parties have delivered the condominium ownership or other property to each other.
When registering a contract for exchange of condominium ownership, the higher value of the condominium ownership shall be used as the basis for calculating registration fees and income tax from the transfer of condominium ownership under the exchange contract, and such fees shall not be paid separately for each unit but shall be paid in a single lump sum according to the calculation.
The registration fee, then record the registration in the contract and related documents of each condominium title file, and issue a condominium title certificate to the parties. If the condominium title is exchanged for other property, the value of the condominium title shall be used as the basis for calculating the registration fee and income tax from the transfer of the condominium title.
Documents for the application for registration of exchange of condominium title include:
> Application for registration;
-- Contract for exchange of condominium title;
-- Original condominium title certificate;
> Copy of identity card or residence certificate and copy of family book. If it is an alien, stateless person, foreigner, or foreigner of Lao descent, there must be a certification document or valid passport.
Must comply with the law;
-- Other relevant documents (if any).
1.6 Registration pursuant to a court decision
When a court judgment or ruling has become final and binding, and there is an order to enforce the court judgment or an order to close the case, the change of ownership of the condominium unit shall be registered and a new condominium unit ownership certificate shall be issued to the person who receives the condominium unit ownership according to the court judgment or ruling.
In the case of forgery of documents for the transfer of condominium unit ownership that is not in accordance with the law, when the court decides to recognize the condominium unit ownership to the original owner, at the time of conducting the registration for the retransfer of condominium unit ownership, no income tax on the condominium unit ownership shall be calculated.
The application documents for registration pursuant to a court decision include the following:
> Application for registration;
Court judgment or ruling;
-- Court judgment enforcement order;
-- Record of court judgment enforcement;
Case closure order (if any);
-- Original condominium ownership certificate;
Copy of ID card or residence certificate and copy of family register. If a foreigner, stateless person, alien, or foreigner of Lao descent, must have a valid identification document or passport;
Other relevant documents (if any).
2. Procedure for registration of change of condominium ownership
Registration of change of condominium ownership includes the following steps:
2.1 Step 1:
The condominium owner or authorized representative submits an application or proposal according to the prescribed form
As stipulated and other relevant documents, in each case, at the Provincial Department of Natural Resources and Environment where the condominium is located, to verify the correctness of the condominium unit ownership certificate within five working days from the date of receipt of the application, by comparing with the condominium unit ownership register, the condominium unit ownership certificate, checking the condominium plan, reviewing the relevant condominium unit document file, if it is found to be truly owned by the person concerned and not used for other purposes, no objection, no dispute, no seizure by relevant agencies, then the Provincial Department of Natural Resources and Environment shall issue a certificate of correctness of the condominium unit ownership certificate and collect service fees as stipulated.
Decree of the President on Fees and Service Charges.
2.2 Step Two:
The Provincial Department of Natural Resources and Environment, after verifying the correctness of the condominium ownership certificate, provides the said documents to the condominium owner or authorized representative to submit to the notary office where the condominium is located, to certify the correctness of the contract content in accordance with the law. Contracts and documents that have been certified for correctness of content by the notary office must be brought to register the change of condominium ownership at the Provincial Department of Natural Resources and Environment to monitor the change of such condominium ownership in accordance with the law.
2.3 Step Three:
After the Provincial Department of Natural Resources and Environment receives the contract and the various
For documents certified by the court registration authority, fees and service charges shall be calculated in accordance with the Presidential Decree on Fees and Service Charges. Thereafter, the condominium unit owner shall remit the money to the state budget in accordance with laws and regulations.
Then, proceed with the registration of the change of condominium unit ownership by coordinating between the contracting parties and the land authority, and jointly sign a memorandum. Thereafter, register in the contract and other relevant documents, and have the head of the land division sign, then record in the register of changes of condominium unit ownership in order to issue a new condominium unit ownership certificate to the new condominium unit owner.
Shall be completed within five working days from the date of signing the memorandum between the contracting parties and the landowner jointly.
Article 9
Management, protection, storage, copying, and creation of condominium files
1. Management of condominium files
Management of condominium files means the storage of condominium files in a secure database system at the Provincial Department of Natural Resources and Environment, by arranging them in order according to the code of each condominium unit in each condominium, arranging the issuance of condominium unit title deeds and condominium unit title certificates in order from number one to the last number. In one storage box of condominium files, there are twenty-five condominium files, arranged in order according to the number of the title certificate.
The condominium document file with the land official responsible for registration of activities or changes
of the condominium rights stationed at the Provincial Department of Natural Resources and Environment.
In any case, the information in the condominium document file is strictly prohibited from being changed or modified without authorization.
2. Preservation of the condominium document file
The condominium document file must be kept at the Provincial Department of Natural Resources and Environment, preserved securely by using temperature and humidity control systems, fire prevention, insect prevention, equipment, and document restoration, ensuring that it does not deteriorate, become damaged, or go missing, for long-term use as evidence.
The condominium document files shall be kept in the paper system and the electronic document system.
3. Storage of condominium document files.
Storage of condominium document files means the keeping of contracts and documents related to the registration of activities and changes in condominium ownership after registration is completed.
After the registration of activities or changes in condominium ownership is completed, copies of such contracts and documents shall be made from the paper system into electronic documents. Thereafter, such contracts and documents shall be placed into the relevant condominium document files according to the document filing system in the warehouse system for monitoring and inspection of activities and changes in condominium ownership. Such information will
Connect to the database of the Department of Land, Ministry of Natural Resources and Environment.
4. Method of storing unit document files.
The storage of unit document files shall be carried out as follows:
- When arranging unit document files in boxes, they shall be arranged in order of the unit ownership certificate number, then by each condominium building, according to the condominium name and building registration number, for ease of retrieval and storage;
- In case of needing to use a particular unit document file, refer to the list of condominium buildings affixed to the outside of the filing cabinet or the cabinet for storing unit ownership document files.
Each unit's filing cabinet or document storage cabinet will have a label indicating the condominium building name and village, with the documents arranged inside according to the order of the certificate of ownership numbers;
> When organizing condominium ownership documents, place them in file boxes, always with the labeled side facing up for easy searching of the ownership registration number;
> When storing condominium document boxes in a sliding cabinet or document storage cabinet, they should be placed vertically, meaning the box has a handle to pull out when needed, and the bottom of the sliding cabinet has space for placing document boxes when searching for files;
-- The condominium document boxes will gradually accumulate documents over time, in case of registration
Register of activities and changes in condominium ownership, because the registered documents will be filed.
Enter that register into the relevant case file. One condominium document box contains twenty-five case files.
If it is found that there are too many case files in one box, a new box may be created;
- If a box is found to be broken, torn, and cannot be repaired, replace it with a new box;
> If any condominium case file is found not to be in order, it must be arranged and stored in the correct order;
< If a land officer conducts research on the registration of activities and changes in condominium ownership; issuance of certified copies of condominium ownership certificates; certification of the authenticity of condominium ownership certificates
House ownership; to resolve administrative disputes and other cases, contact the archive to retrieve house title files, with the official in charge of the archive storage. That storage official will record in the house title file tracking logbook, including the number, date of the house title certificate, deadline for file retrieval, and the name of the person receiving the house title file, along with a signature. When the house title file is returned, it must also be recorded and signed. The official responsible for the house title file storage must monitor and follow up to retrieve the house title files from the land department officials who signed to receive them, according to the deadlines in the logbook.
Record tracking of case files. In case of failure to submit on time, an explanation with reasons and results must be provided, and a new deadline must be recorded in the tracking book. Staff in the land sector who take case files to the archive room and hand them over to the archivist are responsible for maintaining the original condition and completeness of the files. If any case file or document within the file is lost or damaged, the person concerned must be held accountable under the law; if another department needs information from the case files, permission must be obtained from the Director of the Department of Natural Resources and Environment, and then contact the staff managing the archive storage to copy the file or any document in the case file. The staff who
The manager of the said warehouse must copy the file or any document in the file as requested, and record it in the file tracking book.
> The storage and retrieval of files is the responsibility of the staff managing the document warehouse only. Other unrelated parties are strictly prohibited from entering the file storage room without authorization.
> The file storage warehouse must be kept clean at all times.
5. Copying of Files
Copying of files means copying documents in the file for use as evidence or legal reference, upon the proposal of the co-owner or the state organization.
Relevant, such as People's Courts, People's Procuratorates, investigation agencies, state inspection agencies at all levels, relevant committees of the National Assembly, and provincial People's Councils.
Copying of case files may be carried out under any of the following conditions:
> In case of a written request from the owner of the land title, the land official responsible for the case file shall copy the documents in the file for the requester within no more than three working days, and the requester must pay the service fee for copying the case file as stipulated in the Presidential Decree on Fees and Service Charges;
-- In case of a written request from a relevant state organization, the land official understands that the relevant staff or officials must act according to the plan.
The custodian of the case file shall make copies of the documents in the file within no more than five working days. Then, an official letter of transmittal shall be sent to the said agency, exempting the service fee for copying that case file.
For the part concerning the People's Court involved in civil proceedings related to the ownership of that case file, the service fee for copying the case file shall be collected as stipulated in point five above.
6. Recreation of the case file
If the case file is damaged, it shall be recreated according to the following cases:
- If the case file has not yet had all documents scanned into the system
In the electronic document system, for example, information on acquisition of condominium ownership, condominium floor plan information is completely damaged or the family register is partially damaged, the land officer must report the reason for the damage to the head of the Department of Natural Resources and Environment to decide on the re-creation of the family register. After obtaining approval, the land officer must prepare documents according to the prescribed form, then coordinate with the village administration where the condominium is located to re-sign the document. The condominium owner will not have to pay fees and service charges, but the condominium owner shall provide copies of the family register or ID card, residence certificate, business registration certificate, if it is a foreigner, stateless person, alien.
For Lao nationals, they must provide a copy of their ID card or passport to the land officer.
-- The deadline for recreating the land title dossier shall be completed within five working days from the date of receiving notification of the damage to such dossier;
- If the paper-based land title dossier is damaged and all documents in the dossier have been scanned into the electronic document system and stored in the land title database and storage devices, the land officer must report the cause of the damage to the head of the Department of Natural Resources and Environment for a decision on recreating the dossier. After obtaining approval, the land officer must recreate the paper-based land title dossier by printing.
All documents issued from the condominium file dossier existing in the electronic document system shall be signed and certified regarding the re-creation of the dossier by the head of the Provincial Department of Natural Resources and Environment.
7. Responsibilities of the land official in charge of maintaining the condominium file dossier
If the land official responsible for maintaining the condominium file dossier intentionally causes the condominium file dossier or any documents therein to be lost, damaged, deteriorated in quality, missing, forged, destroyed, or inserts new documents into the condominium file dossier without authorization, they shall be subject to disciplinary action or criminal punishment in accordance with the law.
Chapter 6
Fees, service charges, and payment for the purchase and sale of condominium ownership
1. Fees and Service Charges
Application for registration of condominium ownership, registration of activities and changes in condominium ownership must pay fees and service charges as stipulated in the Presidential Decree on Fees and Service Charges.
2. Collection of Fees and Service Charges
The financial sector collects fees for registration of condominium ownership, registration of activities and changes in condominium ownership as stipulated in the Presidential Decree on Fees and Service Charges, the Law on Income Tax, and other relevant regulations.
The natural resources and environment sector collects service charges related to registration.
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