Can non-agricultural land be granted a red book in Vietnam?

Land is an extremely valuable asset of a country. Moreover, for the people it is also a very valuable asset. So about the matter “Can non-agricultural land be granted a red book in Vietnam?” Let’s find out with LSX in the article below.

Legal grounds

• Land Law 2013

What is non-agricultural land?

Pursuant to the provisions of Article 10 of the 2013 Land Law, each type of land is as follows:

– The agricultural land group includes the following types of land:

• Land for annual crops, including land for rice and other annual crops;

• Land for perennial crops;

• Production forest land;

• Protection forest land;

• Special-use forest land;

•Aquaculture land;

• Land for salt production;

• Other agricultural land includes land used to build greenhouses and other types of houses for cultivation purposes, including forms of cultivation that are not directly on the land; building barns for raising cattle, poultry and other animals permitted by law; land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experiment; nursery land for seedlings, seedlings and land for planting flowers and ornamental plants;

– Non-agricultural land group includes the following types of land:

• Residential land includes residential land in rural areas, residential land in urban areas;

• Land for construction of the agency’s headquarters;

• Land used for defense and security purposes;

• Land for construction of non-business works, including land for construction of headquarters of non-business organizations; land for construction of cultural, social, medical, educational and training facilities, physical training and sports, science and technology, diplomacy and other non-business works;

• Land for non-agricultural production and business, including land in industrial parks, industrial clusters, and export processing zones; commercial and service land; land for non-agricultural production establishments; land used for mineral activities; land for production of building materials and pottery;

• Land used for public purposes, including land for traffic (including airports, airfields, inland waterway ports, seaports, railway systems, road systems and other traffic works); irrigation; land with historical – cultural relics and scenic spots; land for community activities, public amusement and entertainment areas; land for energy works; land for post and telecommunications works; market land; land for disposal, waste treatment and other public works;

• Land for religious and belief establishments;

• Land for cemeteries, graveyards, funeral homes, crematoriums;

• Land for rivers, streams, canals, canals, streams and specialized water surface;

• Other non-agricultural land, including land for rest houses, shacks and camps for workers in production establishments; land for construction of warehouses and houses to store agricultural products, pesticides, fertilizers, machinery and tools in service of agricultural production and land for other construction works of land users for non-business purposes that the work is not attached to residential land;

– Unused land group includes types of land for which the purpose of use has not been determined.

What is the basis for determining the type of soil?

The determination of land type is based on one of the following bases:

– Certificates of land use rights, certificates of house ownership and residential land use rights that were issued before December 10, 2009; Certificates of land use rights, ownership of houses and other land-attached assets;

– Papers on land use rights specified in Clauses 1, 2 and 3, Article 100 of the 2013 Land Law, for cases where the Certificate has not yet been granted as prescribed in Clause 1, Article 11 of the 2013 Land Law;

– A competent state agency’s decision on land allocation, land lease or permission to change the land use purpose, for cases where the Certificate has not been issued as prescribed in Clause 1, Article 11 of the 2013 Land Law;

– For cases where there are no papers specified in Clauses 1, 2 and 3, Article 11 of the 2013 Land Law, the determination of land type shall comply with the Government’s regulations.

Can non-agricultural land be granted a red book in Vietnam?

Pursuant to the provisions of Articles 100, 101 and 102 of the Land Law 2013, non-agricultural land is granted a red book.

– Households and individuals that are using land stably and have one of the following papers shall be granted a certificate of land use rights and ownership of houses and other land-attached assets and are not land use fee payment:

• Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of Vietnam. Republic of South Vietnam and the State of the Socialist Republic of Vietnam;

• A temporary land use right certificate issued by a competent state agency or named in the Land Register, Cadastral Book before October 15, 1993;

• Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;

• Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People’s Committee as being used before October 15, 1993;

• Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;

• Papers on land use rights issued to land users by a competent authority under the old regime;

• Other documents established before October 15, 1993 according to the Government’s regulations.

– Households and individuals that are using land before the effective date of this Law without the papers specified in Article 100 of this Law, have permanent residence in the locality and directly engage in agricultural production. , forestry, aquaculture, and salt production in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, are now identified by the People’s Committees of communes where the land is located. If a person who is recognized as a stable and undisputed land user is granted a certificate of land use rights and ownership of houses and other land-attached assets, he/she is not required to pay land use levy.

Can non-agricultural land be built?

According to Clause 1, Article 6 of the 2013 Land Law, the use of land must be “right for the purpose of land use” to not violate the law. Specifically, non-agricultural production and business land is land used for construction: industrial parks, industrial clusters, export processing zones, commercial and service land; land for production facilities, land used for mineral activities, land for production of building materials… Therefore, non-agricultural land is not residential or house-building land. Therefore, in order to build a house on non-agricultural land, it is necessary to carry out procedures for conversion of land use purpose.

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Please see more

• Conditions for the first issuance of a red book in Vietnam
• Do you need marital status certificate to make red book in Vietnam?
• Agricultural land use regime according to Vietnam land law

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