Households and individuals using agricultural land that are allocated land by the State, converted, transferred, inherited, or given a lawful land use right gift from another person may only convert such land use right. agricultural land in the same commune, ward or township for other households and individuals to facilitate agricultural production and without having to pay income tax from the conversion of land use rights and registration fees. So about the matter “Recognition of agricultural land use rights under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
Recognition of agricultural land use rights under Vietnam law
Pursuant to Clause 9, Article 3 of the 2013 Land Law, the State recognizes land use rights as the State’s grant of 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. land 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 parcel.
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.
Grounds for determining stable land use for recognition of land use rights
Pursuant to the provisions of Article 21 of Decree 43/2014/ND-CP as follows:
The starting time of stable land use is determined based on the time and contents related to the land use purpose recorded on one of the following papers:
– Receipts for payment of agricultural land use tax, house and land tax;
– Minutes or decisions on sanctioning administrative violations in land use, minutes or decisions on sanctioning administrative violations in the 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.
How to issue a certificate of land use right for agricultural land?
Pursuant to the provisions of Clause 5, Article 20 of Decree 43/2014/ND-CP on the grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals are using land without a land use right document and without violating the land law as follows:
“Households and individuals that have been using land stably for the purpose of agricultural land before July 1, 2004, and now certified by the commune-level People’s Committee as undisputed land, shall be recognized as agricultural land. land use rights are as follows:
a) In case households or individuals are directly engaged in agricultural production, they shall be granted a certificate of land use rights and ownership of houses and other land-attached assets in the form of land allocation by the State without collection of money. use land for the area of land currently in use but must not exceed the agricultural land allocation quota specified in Article 129 of the Land Law; the remaining agricultural land area (if any) must be converted to land lease from the State;
b) In case households and individuals do not directly engage in agricultural production, they shall be granted a Certificate of land use rights and ownership of houses and other land-attached assets in the form of land lease from the State with the area of land in use; the land lease term shall comply with the provisions of Clause 2, Article 126 and Clause 4, Article 210 of the Land Law.
c) For agricultural land in the same parcel of land with houses or other construction works that are not recognized as non-agricultural land specified in Clauses 1 and 2 of this Article, households and individuals using land for which a certificate of land use rights is granted, ownership of houses and other land-attached assets for the purpose of current use as in the case specified at Point a of this Clause; if the land user requests to change it to non-agricultural purposes, he/she must carry out procedures for changing the land use purpose and pay land use levy as prescribed by law.
Thus, according to the law with the land plot that your family reclaimed in 1986, if you can prove that in the period from 1986 to present, your family directly engaged in agricultural production on it. If there is no dispute, you will be granted a certificate of land use rights, ownership of houses and other assets attached to that land.
In the case that if your family has not directly engaged in agricultural production after reclamation from 1986 to now, your family will not be eligible to receive a certificate of use right in accordance with the above regulations land, ownership of houses and other land-attached assets, but are only granted certificates of land use rights and ownership of houses and other land-attached assets in the form of land lease from the State to land in use.
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Frequently asked questions
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, gift, inherit… from the right holder.
– Land use right based on the subject (organization, household or individual): The right to use land at this time is based on the subjective will of the subject and what purpose the land is used for. depending on the decision maker. These decisions need to be within the limits allowed by the competent authority.
Land use right is based on the object (agricultural land, non-agricultural land or unused): That is, this type of land is prescribed for any purpose, the land user must comply with the purpose. that destination. If there is a change in the purpose of use, it must be reported to the competent authority and must be approved before implementation.
– Land use rights are based on time. The land use period can be temporary or permanent, depending on the decision of the competent authority. From there, the land use right of the subject is also decided whether it is temporary or permanent.
– The right to use land according to the law. That is, it is necessary to base on the decision of the competent authority when allocating or leasing land to determine the purpose of use and to know the original use right of the organization, individuals, households directly in the decision or the second land use right of the sublet or heir.
Legal basis: Article 57 of the Land Law, according to which:
“1. Cases of change of land use purpose that must be permitted by a competent state agency include:
a) Change the land for rice cultivation to land for growing perennial crops, land for afforestation, land for aquaculture, land for salt production;
b) Converting land for planting other annual crops to land for saltwater aquaculture, salt production, aquaculture land in the form of ponds, lakes or lagoons;
c) Transfer of special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land;
….
Thus, at present, agricultural land can be converted into residential land, but must undergo two conversions, including: Converting agricultural land to non-agricultural land and then converting non-agricultural land which is not residential land to landscape.
Conclusion: So the above is Recognition of agricultural land use rights 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
