Granting land use right certificates for enterprises in Vietnam

by Anh Việt

My name is Van Thang, I am currently working at a food business. In the near future, my business plans to build a warehouse on an area of ​​more than 2000 m2. However, we are not very clear about the procedures for applying for a Land Use Right Certificate. So about the matter “Granting land use right certificates for enterprises in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

  • Land Law 2013

What is a land use right certificate?

Depending on each period, in Vietnam, there are many types of certificates of real estate such as:

– Certificates of land use rights;

– Certificate of house ownership and residential land use right;

– Certificate of house ownership.

From December 10, 2009, the Ministry of Natural Resources and Environment issued a new form of Certificate for general application throughout the country with the name Certificate of land use rights, ownership of houses and other assets attached to the land (The certificate has a pink cover).

Although the same form of Certificate is applied, the types of Certificates issued before December 10, 2009 are still valid and are not required to be changed to a new Certificate form (not required to change to the new Certificate form). House ownership certificate).The concept of a land use right certificate has changed over time in 2003 according to the 2013 Land Law, which stipulates: “A certificate of land use right is a certificate issued by a competent state agency. granted to land users to protect the legitimate rights and interests of land users”.

When the Land Law 2013 and guiding documents are promulgated and come into effect, the title of Certificate of land use rights and ownership of houses and other land-attached assets will still be inherited. 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.”

What types of land use right certificates are there?

According to Clause 2, Article 97 of the 2013 Land Law, all types of Certificates issued in accordance with the provisions of the law on land, the law on housing, and the law on construction before December 10, 2009 are still valid. and do not have to change to the Certificate of land use rights, ownership of houses and other land-attached assets; In case the person wishes to exchange it, he/she may change it to a certificate of land use rights and ownership of houses and other land-attached assets.

Currently, the following types of certificates are still valid:

– Certificates of land use rights;

– Certificate of house ownership and residential land use right;

– Certificate of land use right, ownership of houses and other land-attached assets;

– Other certification documents.

In addition, based on the assigned objects, it is also possible to classify land use right certificates into the following categories:

– Certificate of land use right issued to individuals (individuals here can be one person or many people)

– Certificate of land use right issued to households.

– Certificate of land use right issued to enterprises and organizations.

Granting land use right certificates for enterprises in Vietnam

For many organizations or especially economic organizations, being granted land use rights has an important meaning in business activities. Meanwhile, the procedure to obtain a certificate of land use right is quite complicated for those who do not have much experience in implementation or do not have a thorough understanding of the provisions of the law governing administrative procedures. this policy, especially the procedure for applying for a land use right certificate for an organization.

1. Components of the application file for issuance of a certificate of land use right for an enterprise

Application for a Land Use Right Certificate

Originals of papers specified in Clause 1, Article 100 of the 2013 Land Law (if any)

Report on self-review of the organization’s current land use site (original)

Decision of the People’s Committee of the province or city directly under the Central Government on the land handling of that organization (if any, the original)

One of the following documents on the legal status of the organization:

Decision to establish an enterprise;

Business license;

Investment License

(The documents must be notarized copies or notarized within a period not exceeding 06 months)

Extract of cadastral map or cadastral measurement of land plot (original)

In case of having to fulfill financial obligations, they must submit original documents on the fulfillment of financial obligations as prescribed.

For economic organizations, it is necessary to have documents issued by the competent authority to the unit on the observance of relevant laws on natural resources and environment.

2. Process of carrying out procedures for granting land use right certificates to enterprises

Step 1: Submit your application

The applicant prepares a complete set of documents as prescribed and submits it to the application examination room of the Land Use Right Registration Office under the Department of Natural Resources and Environment.

Step 2: Receipt of application

Professional staff under the Department of Natural Resources and Environment, after receiving the dossier, will check the completeness and validity of the dossier. The test results will lead to the following two cases:

Case 1: If the application is complete and valid, the officer will write a receipt for the applicant

Case 2: The dossier is missing or invalid, the officer will guide the applicant to complete and supplement the complete dossier.

Step 3: Verify your profile

After receiving a complete and valid application, the Land Use Right Registration Office under the Department of Natural Resources and Environment shall perform the following tasks:

To assume the prime responsibility for, and coordinate with relevant agencies and local authorities where the land is located;

Organize field inspection (if necessary);

Submit to competent authorities for consideration and decision.

Step 4: Pay the fee

After being considered and decided by a competent authority, the Department of Natural Resources and Environment shall issue a notice of fee payment to the organization wishing to apply for a land use right certificate.

After receiving the notice, the organization must pay the fee

Step 5: Get the result

The applicant receives the results at the application examination room of the Land Use Right Registration Office under the Department of Natural Resources and Environment according to the time specified in the receipt.

Note: When coming to receive the results, the recipient must present the application receipt. In case of coming to receive on behalf, there must be a power of attorney (certified by the organization or the Commune People’s Committee) and papers proving the identity of the authorized person.

Authority to implement: Department of Natural Resources and Environment

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Frequently asked questions

What is the role of a land use right certificate?

A certificate of land use right is a legal document to settle the land relationship between the subjects and is also the legal basis for the State to recognize and protect the land use rights of the land user. .
The certificate of land use rights is the basis for building administrative decisions of state agencies such as registration decisions, monitoring fluctuations, controlling civil transactions of land users such as mortgages. , transfer, gift, inheritance, etc.
The certificate of land use rights helps state agencies to detect violations of the subjects that infringe upon the legal rights of users or infringe upon the interests of the state.
The certificate of land use right helps the state to manage land throughout the territory, control the transfer and transaction on the market and apply sanctions to the subjects who do not fulfill their obligations. financial services.
The certificate of land use right is a premise for socio-economic development, helping individuals and households feel secure to use, invest and do business on their land.

What is the content of a land use right certificate?

The certificate of use right is specified in the Appendix issued together with Circular 23/2014/TT – BTNMT applied uniformly throughout the country for all types of land.
The land use right certificate consists of one sheet with 04 pages printed on a lotus-pink bronze drum pattern and additional pages on a white background, with dimensions of 190 mm x 265 mm including the following contents:
The first page includes:
National title, coat of arms, name of the book: The certificate of land use right is printed in red ink;
The title of the land user and the issue number of the Certificate is printed in black ink;
Embossed seal of the Ministry of Natural Resources and Environment.
The second page includes:
Title of information of the land parcel, house and properties attached to the land, in which the information about the land plot, house, assets being works, forest, perennial trees;
The date of issuance of the land use right certificate and the agency signing for the grant of the land use right certificate;
Number in the land use right certificate issuance book.
All are printed in black ink.
The third page includes: two sections, the Land plot and information about the changes after the issuance of the Land Use Right Certificate, printed in black ink.
The fourth page includes: the following contents of the section on information about changes after the issuance of the land use right certificate, the notes for the land user and the barcode printed in ink color. black.
The additional page includes: information about the land plot number, the issue number, the number entered in the land use right certificate book and information about the change after the issuance of the land use right certificate similar to the second page.

What are the characteristics of a land use right certificate?

A land use right certificate has the following basic characteristics:
A certificate of land use right may be issued to an individual or group of individuals in the form of co-ownership, to a household, or to an agency, unit or organization that is using the land.
The land use right certificate has a lotus pink cover, including 4 pages different from other types of certificates.
The certificate of land use right shows all the information of the user, the information that changes after the certificate has been issued.
A certificate of land use right is like a narrow cadastral map, showing the direction of the land, the area of ​​​​the land, the length of the sides, which is adjacent to the land area of ​​whose house, has the house and what assets. attached to the land.
The certificate of land use right is only granted to 7 subjects according to the provisions of the Land Law, excluding foreigners.

The certificate of land use rights helps state agencies to detect violations of the subjects that infringe upon the legal rights of users or infringe upon the interests of the state.
The certificate of land use right helps the state to manage land throughout the territory, control the transfer and transaction on the market and apply sanctions to the subjects who do not fulfill their obligations. financial services.
The certificate of land use right is a premise for socio-economic development, helping individuals and households feel secure to use, invest and do business on their land.

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