Cases of granting land use right certificates in Vietnam

by Anh Việt

According to the law, in order to be granted a certificate of land use right, a number of conditions specified in the Land Law must be met. If these conditions are not met, the land use right certificate will not be granted. So about thr matter “Cases of granting land use right certificates in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

  • Land Law 2013;
  • Decree 43/2014/ND-CP.

Conditions for issuance of a land use right certificate

Pursuant to Article 100 of the 2013 Land Law stipulating the grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals that are using land stably and have one of the following: The following types of papers are granted a certificate of land use rights, ownership of houses and other land-attached assets and are not required to pay land use levy:

• 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.

Cases of granting land use right certificates in Vietnam

According to Clause 1, Article 99 of the 2013 Land Law, the State shall grant certificates of land use rights and ownership of houses and other land-attached assets in the following cases:

Current land users are eligible for a Certificate

Current land users are eligible for a Certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Articles 100, 101 and 102 of the Land Law, specifically:

• Issuing certificates of land use rights, ownership of houses and other land-attached assets to households, individuals and communities using land with land use right documents.

• Issue certificates of land use rights, ownership of houses and other land-attached assets to households and individuals that are using land without land use right documents.

• Granting certificates of land use rights and ownership of houses and other land-attached assets to organizations and religious establishments currently using land

Persons who are allocated or leased land by the State

Persons who are allocated or leased land by the State after July 1, 2014, except for the following cases:

• Organizations and communities that are allocated land by the State for management.

• People who are using agricultural land belonging to the public land fund of the commune, ward or township (renting public land of the commune).

Transferee, inheritance, gift,…

Persons who are converted, transferred, inherited or donated land use rights or contributed as capital with land use rights; the recipient of the land use right when dealing with the mortgage contract with the land use right to recover the debt. Specifically:

• Converted person: Converts agricultural land use rights in the same commune, ward or township with other households or individuals. The condition for converting agricultural land is that it must be converted to other households and individuals in the same commune and the purpose of use is still agricultural land (in fact, households and individuals convert each other to consolidating land, changing plots, convenient for traveling, taking care of ..).

• Receive transfer (land buyer), but in this case, you must buy land that is eligible for the Red Book or has been granted a Red Book.

• Inherited: The person who inherits by will or inherits according to law (if the inheritance is a land use right and is eligible for the issuance of a Red Book, the procedures for transferring the name will be carried out when declaring the estate) .

• Receiving a donation of land use rights: When receiving a donation, the procedure for transferring the name must be carried out (the procedure for transferring the name from the register).

Persons entitled to use land according to the sale or decision of the Court; resolved to settle into

The person who is entitled to use the land according to the successful conciliation results for the land dispute; according to a judgment or decision of a people’s court, a judgment enforcement decision of a judgment enforcement agency or a decision on settlement of a dispute, complaint or denunciation about land by a competent state agency that has been executed. onion;

Land use right auction winner

Land users in industrial parks, industrial clusters

Land users in industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones.

Note: Land users lease or sub-lease land, except for the case of leasing or sub-leasing land from investors who construct or trade in infrastructure in industrial parks, industrial clusters, export processing zones, and industrial zones. High technology, economic zones are not granted certificates.

Buyers of houses and other assets attached to land

Buyers of state-owned housing

Persons liquidated by the State, valuing houses attached to residential land; state-owned housing buyers

Land users split and combine plots

The land user splits and consolidates the parcel; groups of land users or members of households, spouses, and land-using organizations that split or consolidate existing land use rights;

The land user requests for replacement or re-issuance of the lost Certificate

According to Article 76 of Decree 43/2014/ND-CP, the issuance and replacement of Certificates, Certificates of House Ownership, Certificates of Ownership of Construction Works shall be done in 04 following cases:

• Land users who wish to change the Certificate of House Ownership, Certificate of Ownership of Construction Works or other types of Certificates issued before December 10, 2009 to a Certificate of Land Use Right land use, ownership of houses and other land-attached assets;

• Certificates, Certificates of House Ownership, Certificates of Ownership of Construction Works that have been issued are stained, smudged, torn or damaged;

• Due to the implementation of consolidation, change of plots, measurement to redefine the area and size of the land plot;

• In case the land use right and ownership of land-attached assets are the common property of husband and wife and the issued Certificate only shows the full name of the wife or husband, now there is a request to issue and change the Certificate. accept to write the full name, wife’s name and surname, husband’s name.

In addition, according to Decree 01/2017/ND-CP (amending and supplementing Decree 43/2014/ND-CP), land users who commit violations or have problems will be granted Red Book in the following 5 cases: :

• Using land in violation of the land law before July 1, 2014.

• Land is allocated improperly.

• Issuance of a Red Book with an increased land area compared to the land use right documents.

• Issuing Red Book for land with different land use purposes.

• Issuing a Red Book with a land plot that has been transferred but has not yet been renamed.

Cases in which the Certificate of land use rights and ownership of houses and other land-attached assets is not granted:

• Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the 2013 Land Law.

• People who are managing and using agricultural land belonging to the public land fund of communes, wards or townships.

• People who rent or sub-lease land from land users, except for the case of leasing or sub-leasing land from investors building and trading in infrastructure in industrial parks, industrial clusters, export processing zones, and technology parks. high, economic zone.

• Land contract recipients in agricultural and forestry farms, agro-forestry enterprises, protection forest management boards, and special-use forest management boards.

• Current land users are not eligible for a Certificate of land use rights, ownership of houses and other land-attached assets.

• Land users who are eligible for a Certificate of land use rights and ownership of houses and other land-attached assets but have received a notice or decision on land recovery from a competent state agency .

• Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of constructing public works, including roads, water and petrol, oil and gas pipelines; power transmission lines, information transmission; outdoor entertainment area; Cemeteries and graveyards are not for commercial purposes.

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Frequently asked questions

The authority to issue a certificate of land use right belongs to which agency?

Accordingly, it is proposed to amend and supplement Article 37 of Decree 43/2014/ND-CP, Clause 23, Article 2 of Decree 01/2017/ND-CP related to the authority to issue red books.
In order to facilitate land users in the process of carrying out administrative procedures on land, the draft Decree amending regulations on issuance of Certificates, certifying changes to the issued Certificates is as follows:
For religious organizations and establishments; overseas Vietnamese to implement investment projects; foreign organizations and individuals; foreign-invested enterprises shall be carried out by the Land Registration Office;
For households, individuals, residential communities, overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam, the land registration office’s branch or by the Land Registry Office.
Land registration offices and branches of land registration offices may use their own seals in the issuance of Certificates and certify changes in the issued Certificates.

What is a land use right certificate?

The 2013 Land Law and its guiding documents, which are issued and come into force, still inherit the title of Certificate of land use rights, ownership of houses and other land-attached assets. This provision is clearly stated in Clause 16, Article 3 of the 2013 Land Law as follows:
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets. lawful rights of people with land use rights, house ownership and other property rights on land.”
Thus, the certificate of land use right is a legal document for the State to certify the land use rights, ownership of houses and other properties attached to the land.

How to apply for a land use right certificate?

How to apply for a Land Use Right Certificate?
How to write an application for a Land Use Right Certificate:
Individuals write full name, year of birth, ID card number; households write the word “Household” (or “Household”), then write the full name, year of birth, number of identity card (if any) of the husband and wife of the household head (who share the same land use rights). of the household).
Organization’s name and establishment decision or business registration certificate, investment license (including name and number, signing date, signing agency).
Foreign individuals and overseas Vietnamese, write their full name, year of birth, nationality, number and date of issue and place of issue.
In case more than one owner uses the same land and jointly owns the property, the names of such owners shall be declared in the attached list.)
In case of registering many agricultural land plots without applying for a certificate or applying for the same certificate of many agricultural land plots, in the first line of Point 3, Section I, only write the total number of plots and declare each parcel in the list. attached (Form 04c/DK).
Specify: assigned by the State with collection or without collection or leased with one-time payment or with annual rental payment or other sources.
Specify: Individual houses, apartments, offices, factories, warehouses, etc.

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