“I have a land parcel which I am submitting application to get certificate of land use rights. The commune-level People’s Committee received and responded that according to the reply of planning institute, my land parcel is on the master plan on land use and there has been a land recovery decision. The problem here is citizens in the neighborhood do not know about the decision, the commune-level People’s Committee also said that they did not have any information. As I know, the master plan was known long before, but it was zoning master plan at the scale of 1/2000, at this time, there is no project in district-level plan on land use. What should I do in this situation? I think it’s too contradictory and absurd”.
Let’s find out the answer with Lawyer X through this article!
Legal grounds
Vietnam land law 2013
When are land users granted certificate of land use rights in Vietnam?
A certificate of land use rights is an important legal document which helps protecting legitimate rights of land users and make management on land use right more transparency. At present, Land Law 2013 has regulations on situations eligible to be granted Certificate of land use rights, comprising:
– 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 this Law;
– People who are allocated land or leased land by the State from the date this 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 win an auction of land use right;
– People who use land in industrial parks, industrial clusters, 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 the renewal or re-grant of a lost certificate.
Besides, cases of land use not to be granted Certificate of land use right is prescribed in Degree 43/2014/ND-CP, comprising:
– Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.
– Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards, townships.
– Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.
– Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.
– Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.
– Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.
– Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.
Is it possible to get certificate of land use rights when the land parcel is in the master plan on land use?
To get a certificate of land use rights, it is a must to be in the cases of land use to be granted certificate of land use rights, and not in the cases of land use not to be granted. The above situation does not mention clearly, however, the following cases can be given for your reference:
– In case you are using land and have documents on land use rights pursuant to article 100 Land law 2013, yet there is no land recovery notice/decision, you have the right to ask the competent agency to grant you a certificate of land use right and no need to worry about the effect of 1/2000 zoning master plan
– In case you use land before prior to the effective date of Land Law 2013, have none of documents on land use rights, 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 pursuant to article 101.1; besides there is no land recovery notice/decision, then you shall have the right to be granted a certificate of land use rights and no need to worry about the effect of 1/2000 zoning master plan.
– In case you have none of documents on land use rights that have used land stably before July,01, 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 master plan on land use, detailed urban construction master plan and master plan on construction of rural residential areas (specificially in your situation is 1/2000 zoning master plan) approved by competent state agencies, then you shall not be eligible for a certificate of land use rights.
Depending on your land use case to determine whether the land parcel included in the master pland affect your right to obtain a certificate of land use rights or not. Land recovery notices/decisions are solid bases for your refusal to be granted a certificate of land use rights. In case of a land recovery decision, you as well as the people in the residential area do not know about the land recovery, is asbsurd. Because the land recovery is not implemented , but must comply with procedures prescribed in land law, specificially article 69 Land Law 2013 stipulates procedures for land recovery for national defense; socio-economic developement in the national and public interest. Before a land recovery is promulgated, there are several steps such as notifing, making land recovery plan, making and appraisal on plan for compensation, support and resettlement. “The notice of land recovery must be sent to every user of recovered land, publicized in the meetings with people in the recovered area and through the mass media, posted up at offices of the commune-level People’s Committee and at common public places of the residential areas of which land is recovered”. Therefore, it may be a mistake in your situation. Once you have understood these regulations, if you find you are eligible for a certificate of land use right, you can go to commune-level People’s Commitee to express your opinion. If it is still not in accordance with the law, you can file a complaint with competent state agency.
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Related questions
No! Land users eligible for a certificate of land use rights shall not be granted a certificate of land use rights in the case there have been land recovery notices/decisions of competent state agency.
In this case, the land user must meet the requirement of the land using is conformable with master plan on land use, detailed urban construction master plan, master plan on construction of rural residential areas approved by the competent state agency.
Conclusion: So the above is Is it possible to get a certificate when the land in master plan in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
