Currently, there are many cases where parties transfer land use rights without papers. However, because some people have not understood the legal provisions, disputes on this issue occur very often. So about the matter “Buying the reclaimed land under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013;
- Decree 43/2014/ND-CP.
What is reclaimed land?
Reclaimed land is the way people call it, based on the actual use situation and the origin of the land use rights of households and individuals, it can be understood as follows:
Reclaimed land is land left fallow or other land which at the time of field use is not under the use right of other organizations, households or individuals. The use of reclaimed land is the use of land on the field without completing the procedures for land allocation or land lease as prescribed by law.
Is reclaimed land transferable?
Reclaimed land may be transferred when having a certificate of land use right or meeting the conditions for being granted a certificate of land use right as prescribed in Article 22 of Decree No. 43/2014/ND-CP.
Accordingly, households and individuals that are using agricultural land due to self-reclamation and that land conforms to the land use planning approved by competent state agencies, and there is no dispute, shall be recognized by the State. receive land use rights according to the quota set by the provincial People’s Committee; if the limit is exceeded by the provincial-level People’s Committee, the excess area must be converted to lease.
In addition, according to the provisions of Article 188 of the 2013 Land Law, land users may exercise the right to transfer reclaimed land when fully meeting the following conditions:
• Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of the Land Law;
• Undisputed land;
• Land use rights are not distrained to secure judgment enforcement;
• During the land use period.
Therefore, reclaimed land can still be transferred like other types of land when the land has been recognized by the state for the right to use, is not disputed, is not distrained to ensure judgment enforcement, and has its use term.
Buying the reclaimed land under Vietnam law
Clause 1, Article 188 of the 2013 Land Law stipulates the conditions for land transfer, sale and purchase as follows:
“Article 188. Conditions for exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; capital contribution by land use rights
1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
a) Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
b) Undisputed land;
c) The land use right is not distrained to secure judgment enforcement;
d) During the land use term.”
Thus, it can be seen that the legal land purchase and sale must ensure the conditions set forth by the law, the first condition in Article 188 is that the land must have a certificate of land use right.
Can reclaimed land be issued with a red book?
Reclaimed land will be recognized by the state for land use rights (red book issue) in the following 3 cases:
Case 1: Households and individuals that are granted a certificate and are not required to pay land use levy must meet the following 3 conditions:
• Land currently using land before July 1, 2014 without the documents specified in Article 100 of the 2013 Land Law.
• Having a permanent household registration in the locality and directly engaged in forestry, agricultural, aquaculture, and salt production in areas with difficult socio-economic conditions or particularly difficult socio-economic conditions. towel.
• Being certified by the People’s Committee of the commune, ward or township where the land is located is a stable and undisputed land user.
Case 2: Issuance of red books to households and individuals that are using land without land use right documents (specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP) ) and does not violate the law of the land.
When households and individuals are granted red books, only a few cases do not have to pay land use fees.
Case 3: Issuing certificates to households and individuals using land that have violated the land law before July 1, 2014.
In case the land is being used under the land use planning for defense and security purposes and for socio-economic development for the national and public interests, the State shall recover the land before implementing the project.
The person using the land in violation may temporarily use it until it is recovered but must keep the current state of land use and must declare and register the land according to regulations.
In case the land is not in the planning for the above purpose, the People’s Committee of the province or centrally run city shall direct the review and adjustment of the master plan on land use; current land users are considered for issuance of red books.
Particularly in case of stable and undisputed land use, a red book will be issued.
In case households or individuals are using agricultural land due to self-reclamation and that land is in accordance with the land use planning approved by a competent state agency, and there is no dispute, the State shall publicize it to receive land use rights (granted a red book) according to the limit set by the People’s Committee of the province or centrally run city. If the quota is exceeded, the excess area must be converted to lease.
Authority to issue the Certificate of Reclaimed Land Use Right
The user of reclaimed land shall submit an application for a certificate of land use right at the Land Registration Office. Where a land registration office has not been established, it shall be submitted to the district-level land use right registration office
In case households, individuals and communities wish to submit dossiers at the commune-level People’s Committees, the commune-level People’s Committees where the land is located shall receive the dossiers and return the results.
After receiving the application, the Land Registration Office considers it and submits it to the District People’s Committee for decision.
According to the provisions of Clause 2, Article 105 of the 2013 Land Law, the district-level People’s Committees have the authority to grant certificates of land use rights to households and individuals.
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Please see more
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- Land valuation income method in Vietnam
Frequently asked questions
– An application for registration and issuance of a certificate of land use rights;
– Certification of the commune-level People’s Committee on stable and long-term land use;
– Confirmation of the commune-level People’s Committee that there is no dispute; consistent with the planning;
– Documents to fulfill financial obligations such as tax payment receipts, land use levy, etc.
Taxes, fees and charges payable when applying for a land use right certificate to the owner include:
– Registration fee, registration fee for houses and land is 0.5%
– Red book issuance fee
– Other costs: Fees for measurement, appraisal, etc.
Even if the land has been issued with a land use certificate or reclaimed land is eligible for a use right certificate but has not yet been issued a red book or reclaimed land without certification, it may still be confiscated according to regulations. determined if it falls into one of the following cases:
– Land recovery for defense and security purposes
– Acquisition of land for socio-economic development for national and public benefits
– Land recovery due to violation of the law on land
– Land recovery due to termination of land use according to law, voluntary return of land, risk of endangering human life
Contract for transfer of land use right
Documents that need to be notarized include:
– Draft contract
– Certificates of land use rights
– Request for contract notarization (according to form)
– Copy of ID card, household registration book of the parties
– Documents proving common/separate property (Marriage registration certificate / certificate of singleness)
– Copies of other documents related to the contract as prescribed by law
Conclusion: So the above is Buying the reclaimed land under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
