Compared with the form of land allocation and land lease, recognition of land use rights is the most common form for people to have legal land use rights and be granted a red book. Land use right means the right of subjects to exploit the utility, enjoy the yields and profits from the use of land allocated, leased or transferred from other entities by the State through the conversion, transfer transfer, lease, sublease, inherit, donate… from the right holder. So about the matter “The State recognizes the land use right in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
Laws on land use rights
Land users have the following rights:
1) The right to obtain a land use right certificate;
2) Enjoy the fruits of labor and investment on land;
3) To enjoy benefits resulting from the State’s works on protection and improvement of agricultural land;
4) To be guided and assisted by the State in the reclamation and reclamation of agricultural land;
5) To be protected by the State when others infringe upon their lawful land use rights;
6) Complaints, denunciations and lawsuits about violations of the land law. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit or donate land use rights… in accordance with the land law.
The State recognizes the land use right in Vietnam
According to Clause 9, Article 3 of the 2013 Land Law, the State recognizes land use rights as the State granting land use rights to people who are using land on a stable basis without origin and have been allocated or leased land by the State through the State. through the issuance of a certificate of land use rights and ownership of houses and other land-attached assets for the first time for a defined land plot.
In which, stable land use is the continuous use of land for a certain main purpose from the time of commencement of land use for that purpose to the time:
– Issuance of certificates of land use rights and ownership of houses and other land-attached assets; or
– Land recovery decision of a competent state agency in case the Certificate of land use right, Certificate of ownership of houses and residential land use rights, or Certificate of land use right has not been issued. , ownership of houses and other assets attached to land.
Bases for determining the time of stable land use for recognition of land use rights
– Receipts for payment of agricultural land use tax, house and land tax;
– Minutes or decision on sanctioning of administrative violations in land use/construction of works attached to land;
– Decisions or judgments of the People’s Courts that have taken effect; decisions on enforcement of judgments of judgment enforcement agencies have been executed on properties attached to land;
– The decision on settlement of a land dispute issued by a competent state agency has taken effect; minutes of land dispute conciliation signed by the parties and certified by the representative of the commune-level People’s Committee where the land is located;
– Decision on settlement of complaints and denunciations of competent state agencies related to land use;
– Papers on registration of permanent residence, long-term temporary residence in houses attached to residential land; Identity card or birth certificate, paper of payment of electricity, water and other payments with the address of the house in the registered land plot;
– Papers on the allocation, allocation, allocation of houses or land by agencies or organizations assigned by the State to manage and use land;
– Papers on purchase and sale of houses and other land-attached assets or papers on land purchase and sale or transfer of land use rights with signatures of related parties;
– Maps, catalogs, survey and measurement documents on land over time;
– A declaration of house and land registration certified by the People’s Committee of the commune at the time of declaration and registration.
Note:
– In case the time of land use shown on the above papers is inconsistent, the time of starting stable land use shall be determined according to the earliest paper showing the date of land use.
– In case one of the above documents is not available or the time on which the document is established and the land use purpose is not clearly stated, a certification of the commune-level People’s Committee of the time to start using the land is required. purpose of land use based on collecting opinions of people who have lived at the same time when starting to use the land of the person requesting certification in a residential area (village, village, hamlet, hamlet, hamlet, phum) , squirrel, residential nest) where the land is located.
(Article 21 Decree 43/2014/ND-CP)
Conditions for recognition of land use rights
Pursuant to Articles 100 and 101 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP, in order to have land use rights recognized, households and individuals must satisfy the following conditions on a case-by-case basis:
– Land has a land use right document (when people have one of the papers specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP).
– The land is not in dispute, or there is a petition from the lawsuit, there is no problem with the legality of the land….
– Being certified by the commune-level People’s Committee of the locality where the land is located as a stable and dispute-free land user shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. and do not have to pay land use fees.
Procedures for applying for a red book when recognizing land use rights
Step 1: The person who registers and issues the certificate of land use right prepares a set of documents and submits it at the land registration office of the district People’s Committee.
The dossier set includes the following documents:
• Application for registration and issuance of land use right certificates; ownership of houses and other assets attached to land. (Form)
• Papers proving the origin of land use
• Excerpts or cadastral measurements
• Court judgments, judgment execution records; judgment enforcement decisions of competent agencies, decisions at all levels (if any).
• Documents of fulfillment of financial obligations; papers related to the exemption or reduction of financial obligations on land; assets attached to land (if any).
Step 2: Receive and check the dossier.
If the application is incomplete or invalid, please provide additional instructions on the spot or write an additional request form. If the dossier is complete and valid, the receiving officer shall enter the dossier-receiving book and sign the application.
Step 3: The Natural Resources and Environment Agency checks the dossier and submits it to the competent authority for the issuance of the Land Use Right Certificate.
The settled dossiers shall be transferred to the land registration office or the land registration office sent to the commune-level People’s Committee for handing over to the grantee (if the dossier is submitted at the commune-level People’s Committee).
Implementation time: no more than 30 working days.
Step 4: The applicant receives the results.
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Please see more
- Land recovery is not the right subject under Vietnam law
- Change of land use purpose in Vietnam to implement investment projects
- Is it possible to convert stored land in Vietnam?
Frequently asked questions
The answer is yes. When transferring co-owned land use rights, the consent of those who share the same use right must be obtained. However, in fact, when transferring co-owned land, only one or several members agree to transfer. In this case, you can request to separate the part of your land area recorded in the Red Book to separate it into a separate plot that is not under common ownership, and then make a separate transfer of this separated land area.
As can be seen, authorization is directed towards “performing a job” while the name on the Red Book represents the State’s recognition of the individual’s right to own and use houses and land. These are two unrelated issues.
Thus, based on the above provisions, there is only the case of a representative whose name is on the Red Book when there are many co-owners or co-users of land use rights or house ownership rights who are not authorized to act on their behalf. on the Red Book
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;
Undisputed land;
The land use right is not distrained to secure judgment enforcement;
During the land use period.
Conclusion: So the above is The State recognizes the land use right in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
