The certificate of land use rights is an important legal document. Vietnam land law has regulations on grant of the certificate of land use rights. Let’s find out this issue with Lawyer X using the following scenario: “Dear Lawyer! What are certificates of land use rights and ownership of houses and other land-attached assets in Vietnam? What are the principles of grant of the certificate? Thanks for answering me!”
Legal grounds
- 2013 Vietnam land law
Regulations on certificates of land use rights and ownership of houses and other land-attached assets
– A certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single form used nationwide.
The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.
– The certificate of land use rights, the certificate of house ownership and residential land use rights, the certificate of house ownership and the certificate of construction facilities ownership which have been granted in accordance with the land law, housing law or construction law before December 10, 2009, remain legally valid and are not required to be changed to the certificate of land use rights and ownership of houses and other land-attached assets. In case those who were granted a certificate before December 10, 2009, want to change the certificate, they shall be granted the certificate of land use rights and ownership of houses and other land-attached assets in accordance with Land law.
Principles of grant of certificates of land use rights and ownership of houses and other land-attached assets
– The certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel. Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one certificate for all parcels at their request.
– For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted one certificate. At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.
– Land users or owners of houses and other land-attached assets shall be granted a certificate of land use rights and ownership of houses and other land-attached assets after they have fulfilled the financial obligations as prescribed by law.
In case the land users or owners of houses and other land-attached assets do not have to fulfill financial obligations or are exempted from financial obligations or allowed to owe the financial obligations and in case the land is leased with annual rental payment, they may receive the certificate of land use rights and ownership of houses and other land-attached assets right after the certificate is granted by a competent agency.
– In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets ar+is the joint property of husband and wife, the full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.
In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets ar+is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.
– If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of Land law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate. Land users do not have to pay land use levy for the positive balance in area, if any.
In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Article 99 of Land law.
Cases of land use to be granted a certificate of land use rights and ownership of houses and other land-attached assets
– The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the following cases:
+ Current land users who are eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Articles 100, 101 and 102 of Land law;
+ People who are allocated land or leased land by the State from the date Land law takes effect;
+ People who are allowed to exchange, acquire, inherit, receive land use rights as a donation, or receive land use rights contributed as capital, or to receive land use rights upon settlement of contracts on mortgage with land use rights to recover debts;
+ People who are entitled to use land as a result of the successful conciliation of land disputes, a judgment or decision of the People’s Court, a judgment enforcement decision of the judgment enforcement agency, or a decision on settlement of land disputes, complaints or denunciations of a competent state agency, which has been executed;
+ People who use land in industrial parks, industrial parks, export processing zones, hi-tech zones or economic zones;
+ People who buy houses and other land-attached assets;
+ People who buy houses attached to residential land liquidated by the State or buy state- owned houses;
+ People who use split or consolidated land parcels; a group of land users or members of a household, husband and wife, organizations using land who split or consolidate the existing land use rights;
+ Land users who request change or re-grant of a lost certificate.
– The Government shall detail this Article.
Grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights
– Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:
+ The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;
+ Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;
+ Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;
+ The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;
+ The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;
+ The document on land use rights issued by a competent authority of the former regime to land users;
+ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.
– Households and individuals that are using the land and have one of the documents specified in Clause 1 of this Article bearing the names of other people accompanied by the documents on transfer of land use rights signed by the related parties, but have not performed the procedures for the transfer of land use rights in accordance with law prior to the effective date of Land law, and there is no dispute on that land, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.
– Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement of land disputes, complaints or denunciations which was executed, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.
– Households and individuals using land that is allocated or leased by the State from October 15, 1993, to the effective date of Land law and have not been granted a certificate, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.
– Communities using land with communal houses, temples, shrines, hermitages, worship halls or ancestral temples; agricultural land prescribed in Clause 3, Article 131 of Land law, and that land is dispute-free and is certified as the land used commonly by the community by the commune-level People’s Committee, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.
Grant of a certificate of land use rights and ownership of houses and other land- attached assets to households and individuals that are using land and have no documents on land use rights
– Households and individuals using the land prior to the effective date of Land law and having none of documents prescribed in Article 100 of Land law that have a book of status of permanent residence in the locality and are directly engaged in agriculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions, and are certified by the commune-level People’s Committee that the land has been used stably and dispute-free, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.
– Households and individuals using land and having none of documents prescribed in Article 100 of Land law that have used land stably before July 1, 2004, with no violations of the land law and such land is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.
– The Government shall detail this Article.
Grant of a certificate of land use rights and ownership of houses and other land- attached assets to organizations and religious institutions that are using land
– Organizations using land shall be granted a certificate of land use rights and ownership of houses and other land-attached assets for the land area which is used for proper purposes.
– The land area used by organizations which is not covered in the certificate of land use rights and ownership of houses and other land-attached assets is settled as follows:
+ The State shall recover land which is not used, is used improperly, is borrowed or leased illegally, is encroached or occupied;
+ Organizations shall hand over the land area which was used as residential land to the district-level People’s Committee for management. In case that residential land is in accordance with the land use master plan approved by a competent state agency, the land users are entitled to be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case a state enterprise engaged in agriculture, forestry, aquaculture or salt production is allocated land and lets households and individuals use part of that land for residential purpose before July 1, 2004, that enterprise shall make a plan for rearrangement of such residential area into a residential quarter and submit it to the provincial-level People’s Committee for approval before handing over the land to the locality for management.
– For organizations using leased land as prescribed in Article 56 of Land law, the provincial- level land administration agency shall perform the procedures to sign the land lease contract before granting a certificate of land use rights and ownership of houses and other land-attached assets.
– Religious institutions using land shall be granted a certificate of land use rights and ownership of houses and other land-attached assets if they fully meet the following conditions:
+ Being licensed to operate by the State;
+ The land is dispute-free;
Determination of residential land area with respect to land with ponds and gardens
– In order to be considered as residential land with gardens and ponds of households or individuals must be located within a land parcel with existing houses.
– If a land parcel with gardens and ponds was formed before December 18, 1980, and the land user possesses one of the documents on land use rights as prescribed in Clauses 1, 2 and 3, Article 100 of Land law, the area of residential land shall be determined in accordance with such documents.
In case the residential area is not indicated clearly in documents on land use rights prescribed in Clauses 1, 2 and 3 of Article 100 of Land law, the residential land area to be recognized without land use levy must not exceed 5 times the land allocation quota prescribed in Clause 2, Article 143, and Clause 4, Article 144 of Land law.
– If a land parcel with gardens and ponds was formed in the period from December 18, 1980, to before July 1, 2004, and the land user possesses one of the documents on land use rights as prescribed in Article 100 of Land law and the land area is indicated clearly in those documents, the residential land area shall be determined according to those documents.
– If a land parcel with gardens and ponds was formed in the period from December 18, 1980, to before July 1, 2004, and the land user possesses one of the documents on land use rights as prescribed in Article 100 of Land law and the land area is not indicated clearly in those documents, the residential land area shall be determined as follows:
+ The provincial-level People’s Committee shall, based on the local conditions and customs, prescribe the residential land recognition quota for each household in accordance with local customs and the number of people in the household;
+ If the land parcel is larger than the prescribed residential land recognition quota of the locality, the residential land area shall be determined equal to the residential land recognition quota of the locality;
+ If the land parcel is smaller than the prescribed residential land recognition quota of the locality, the residential land area must be determined as the whole area of the land parcel.
– In case there are no documents on land use rights as prescribed in Article 100 of Land law, and the land has been used stably since before October 15, 1993, the residential land area shall be determined under Clause 4 of this Article. In case the land has been used stably from October 15, 1993, the residential land area shall be determined in accordance with residential land area allocated to each household or individual as prescribed in Clause 2, Article 143, and Clause 4, Article 144 of Land law.
– After the residential land area is determined under Clauses 2, 3, 4 and 5 of this Article, the remaining land area with gardens and ponds shall be used for the current land use purpose under Clause 1, Article 10 of Land law.
– The Government shall detail this Article.
Grant of a certificate for land-attached assets
– Land-attached assets to be granted a certificate of land use rights and ownership of houses and other land-attached assets include houses, other construction facilities, production forests which are planted forests, and perennial crops existing at the time the certificate of land use rights and ownership of houses and other land-attached assets is granted.
– The grant of a certificate of land use rights and ownership of houses and other land-attached assets for land-attached assets must comply with the Government’s regulations.
Competence to grant certificates “of land use rights and ownership of houses and other land-attached assets
– Provincial-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to organizations, religious institutions, overseas Vietnamese, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions.
Provincial-level People’s Committees may authorize the agency in charge of natural resources and environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets.
– District-level People’s Committees shall grant the certificates of land use rights and ownership of houses and other land-attached assets to households, individuals and communities, and to overseas Vietnamese that are eligible to own house associated with land use rights in Vietnam.
– For the subjects that were granted a certificate, a certificate of houses ownership or a certificate of construction facilities ownership, and execute the rights of land users or owners of land-attached assets or apply for the renewal or re-grant of the certificate, the certificate of houses ownership or the certificate of construction facilities ownership, the agency in charge of natural resources and environment shall handle in accordance with the Government’s regulations.
– The state agencies which have the competence to grant the certificate shall correct the granted certificates which bear the following errors:
+ There is wrong information on the name, the papers on legal status or personal identity, in the address of the land user or owner of land-attached assets as compared with the papers on legal status or personal identity at the time of grant of the certificate to such person;
+ There is wrong information on the land parcel, land-attached assets as compared with the registration application dossier on land and land-attached assets which have been inspected and certified by the land registration agency.
– The State may withdraw a granted certificate in the following cases:
+ The State recovers the whole land area indicated on the granted certificate;
+ The granted certificate is renewed;
+ The land user or owner of the land-attached assets registers for a change of land or land- attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;
+ The existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.
– The withdrawal of a granted certificate for the cases prescribed at Point d, Clause 2 of this Article shall be decided by the agency having the competence to grant the certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 105 of Land law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement.
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Frequently asked questions
Land-attached assets to be granted a certificate of land use rights and ownership of houses and other land-attached assets include houses, other construction facilities, production forests which are planted forests, and perennial crops existing at the time the certificate of land use rights and ownership of houses and other land-attached assets is granted.
The grant of a certificate of land use rights and ownership of houses and other land-attached assets for land-attached assets must comply with the Government’s regulations.
Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement of land disputes, complaints or denunciations which was executed, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.
Conclusion: So the above is Grant of the certificate of 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
