Hello Lawyer. In the near future, my family has a land that will be acquired. My family is very worried because they have not found a new place to live. So about the matter “How many days does it take to hand over the land in Vietnam?” Let’s find out with LSX in the article below.
Legal basis
- Land Law 2013
- Decree 43/2014/ND-CP guiding the implementation of the Land Law
- Decree 01/2017/ND-CP was issued on 06/01/2017
What is land allocation?
Land allocation means the State’s issuance of a decision on land allocation in order to grant land use rights to subjects who wish to use land. There are two cases of land allocation: land allocation without land use levy and land allocation with land use levy.
What is a land handover record?
Minutes of land and house handover are a type of document signed between the tenant and the lessor. It usually comes with a lease or loan agreement. The purpose of this record is to ensure that furniture and equipment are not lost after the rental process. And it is also a proof for the two sides to come to an agreement. About compensation for loss or damage.
When to use handover minutes?
Currently, the form of minutes of handing over land and house often appears in the case of property handover when renting, borrowing or handing over to a moving unit.
Its purpose is to avoid arising unwanted controversies, risks and disputes. It is the basis for compensation in case of breach of commitments. Therefore, the handover record is made in 02 copies, each party keeps 01 copy.
Legal value of the property handover record
It can be said that in the process of working, errors may occur due to subjective or objective factors. It may lead to disputes in the handover. Therefore, in order to be able to resolve these disputes and prove the actual amount of property handed over, it is necessary to have a record of house handover right from the time of handover. It clearly states the content of the handover.
In which case land allocation does not collect land use levy?
The State allocates land without collecting land use levy in the following cases:
• Households and individuals directly engaged in agricultural, forestry, aquaculture and salt production are allocated agricultural land within the limit specified on the agricultural land allocation quota.
• Users of protection forest land, special-use forest land, production forest land being natural forests, land for building offices of agencies, land used for defense and security purposes; land used for public purposes not for business purposes; land for cemeteries or graveyards that do not fall into the prescribed cases.
• Non-financial public non-business organizations using land for construction of non-business works;
• Organize the use of land to build houses for resettlement under State projects;
• Communities using agricultural land; Religious establishments using non-agricultural land are regulated as follows: Land of religious establishments includes land belonging to pagodas, churches, monasteries, holy houses, churches, Buddhist meditation halls, monasteries, and religious training schools. , headquarters of religious organizations and other religious establishments permitted by the State to operate.
In which case land is allocated with land use levy?
The State allocates land with collection of land use levy in the following cases:
• Households and individuals are allocated residential land;
• Economic organizations that are allocated land to implement investment projects to build houses for sale or for sale in combination with lease;
• Overseas Vietnamese and foreign-invested enterprises may be allocated land to implement investment projects to build houses for sale or for sale and lease;
• Economic organizations that are allocated land to implement investment projects on infrastructure of cemeteries and graveyards to transfer land use rights associated with infrastructure.
How many days does it take to hand over the land in Vietnam?
According to the provisions of Clause 40, Article 2 of Decree No. 01/2017/ND-CP amending Article 61 of Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law belt as follows:
“Article 61. Time for carrying out administrative procedures on land
1. The time for carrying out procedures for land allocation, land lease, and permission for land use purpose change is prescribed as follows:
a) Land allocation or land lease shall not exceed 20 days, excluding the time for land recovery, compensation and ground clearance;
b) The land use purpose change is permitted within 15 days.”
Thus, the time limit for land handover is not more than 20 days, excluding the time for land acquisition, compensation and ground clearance.
When does the State allocate land through auction?
The State allocates land with collection of land use levy or leases land by auction of land use rights in the following cases:
• Invest in building houses for sale or for rent or lease-purchase.
• Invest in building infrastructure for transfer or lease.
• Use the land fund to create capital for infrastructure construction investment.
• Commercial and service land use; non-agricultural production base land.
• Lease of land belonging to the agricultural land fund to use for public purposes for agricultural production, forestry, aquaculture, and salt production.
• Allocating or leasing land for land recovered by the State due to the rearrangement and handling of working offices, non-business establishments, production and business establishments in which assets attached to the land are owned. government.
• Allocate residential land in urban and rural areas to households and individuals.
• Land allocation, land lease for cases of reduction of land use levy and land rent.
When did the State allocate land without auction?
Cases of not auctioning land use rights when the State allocates or leases land that you need to know include:
• Land allocation without land use levy.
• Land use is exempt from land use levy and land rent as prescribed in Article 110 of the 2013 Land Law.
• Use of land specified at Points b and g Clause 1 and Clause 2 Article 56 of the 2013 Land Law.
• Land use for mineral activities.
• Using land to implement investment projects on construction of resettlement houses, social houses and official-duty houses.
• Allocate residential land to cadres, civil servants and public employees who move to work places according to the dispatching decisions of competent agencies.
• Allocate residential land to households and individuals who have permanent residence in the commune but do not have residential land and have not been allocated residential land by the State.
• Allocating residential land to households and individuals with permanent household registration in townships located in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions but do not have residential land. and has not been allocated residential land by the State.
• Other cases decided by the Prime Minister.
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Please see more
- Vietnamese law on mortgage of land use rights
- The issuance of a land use right certificate in Vietnam is refused
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
Provincial-level People’s Committees have the authority to recover agricultural land belonging to the public land fund of communes, wards and townships; for religious organizations, establishments, overseas Vietnamese; foreign organizations with diplomatic functions, foreign-invested enterprises.
District-level People’s Committees have the authority to recover land from households, individuals and residential communities; Residential land of overseas Vietnamese may own houses in Vietnam.
In case of land recovery, both organizations and households and individuals are using; then the People’s Committee of the province has the authority to decide on land recovery or authorizes the People’s Committee of the district to decide on land recovery.
Pursuant to Article 117 of the 2013 Land Law, the principle of land use right hand over
“first. Auction of land use rights is conducted publicly, continuously, objectively, honestly and equally, protecting the legitimate rights and interests of the participating parties.
The auction of land use rights must comply with the order and procedures prescribed by the law on land and the law on asset auction”.
Organizations and individuals participating in the hand over of land use rights must fully meet the following conditions:
Being subject to land allocation by the State with collection of land use levy and land lease according to regulations
The conditions for implementing the investment project must be ensured according to the provisions of the land law on conditions for land allocation, land lease, permission to change the land use purpose for the implementation of the investment project.
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