Nowadays. land in Vietnam is divided into different types according to the provisions of law. In the remote mountainous areas, there is a lot of unclaimed land, much waste. The people here are mainly ethnic minorities, so their understanding of the law is relatively limited. So about the matter “Is reclaimed land granted a red book under Vietnam law?” Let’s find out with LSX in the article below.
Legal basis
- Land Law 2013
What is reclaimed land according to the current regulations?
Currently, the land law does not stipulate or explain what is reclaimed land. Before November 27, 2017, reclaimed land was specified in Clause 1, Article 2 of Circular 52/2014/TT-BNNPTNT as follows:
“Reclaimed land: The land is left fallow, other land has been planned for agricultural production approved by the competent authority.”.
However, this is not a legal document specializing in land (this regulation is not completely consistent with the provisions of the current land law) and this Circular has expired on 27/02. 11/2017.
Reclaimed land is a common way of calling people, based on the actual use and origin of land use rights of households and individuals, it can be understood as follows:
Reclaimed land is land left fallow or other land which at the time of field use is not under the use right of other organizations, households or individuals. The use of reclaimed land is the use of land on the field without completing the procedures for land allocation or land lease as prescribed by law.
According to Clause 2, Article 9 of the 2013 Land Law, the State encourages land users to invest in labor, materials and capital, and to apply scientific and technological achievements to the reclamation, restoration, reclamation, and land reclamation. area of bare land, barren hills, land with uncultivated water surface to be used according to master plans and plans on land use;
Is reclaimed land granted a red book under Vietnam law?
According to Article 101 of the Land Law 2013, the conditions for granting a land use right certificate without a land use right document are as follows:
Households and individuals that are using land before July 1, 2014 but do not have the papers specified in Article 100 of the 2013 Land Law shall be granted a certificate of land use right and do not have to pay land use levy. with the following conditions:
• Having a permanent household registration in the locality and directly engaged in agricultural, forestry, aquaculture, and salt production in areas with difficult socio-economic conditions and special socio-economic conditions. special difficulties;
• Be certified by the People’s Committee of the commune where the land is located as a stable user of the land;
• Households and individuals currently using land do not have the documents specified in Article 100 of the Land Law 2013 but the land has been used stably before July 1, 2004 and has not violated the land law A certificate of land use right shall be granted with the following conditions:
• Is certified by the Commune People’s Committee that the land is not in dispute;
• Conform to land use planning, detailed urban construction planning, rural residential area construction planning approved by competent state agencies, for the area where the planning is available.
According to Clause 4, Article 22 of Decree No. 43/2014/ND-CP, households and individuals are using agricultural land due to self-reclamation and that land conforms to the land use planning approved by competent state agencies. the right to approve, if there is no dispute, the land use right shall be recognized by the State according to the limit set by the provincial People’s Committee; If the limit is exceeded by the provincial People’s Committee, the excess area must be converted to lease.
In which, the papers specified in Article 100 of the 2013 Land Law include:
– Households and individuals that are using land stably and have one of the following papers shall be granted a certificate of land use rights and ownership of houses and other land-attached assets and are not land use fee payment:
• 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 certificate of land use right granted by a competent state agency or named in the Land Register or 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 papers established before October 15, 1993 according to the Government’s regulations.
– Households and individuals that are currently using land have one of the papers specified in (1) in which the name of another person is written, together with the paper on the transfer of land use rights with signatures of the parties. related party,
But before July 1, 2014, the procedure for transferring land use rights has not been carried out in accordance with the law and the land is not disputed, the Certificate of land use right, ownership of houses and assets shall be granted other assets attached to the land and do not have to pay land use fees.
– Households and individuals may use land according to judgments or decisions of the People’s Courts, judgment enforcement decisions of judgment enforcement agencies, written recognition of successful conciliation results, and decisions on dispute settlement. If any dispute, complaint or denunciation about land by a competent state agency has been executed, a certificate of land use rights and ownership of houses and other land-attached assets shall be granted; in case financial obligations have not been fulfilled, they must comply with the provisions of law.
Thus, for reclaimed land, if it meets the prescribed conditions, it will be granted a certificate of land use right. If the area of reclaimed land exceeds the quota, the excess will be converted to lease.
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Frequently asked questions
Households and individuals are granted a Certificate and are not required to pay land use levy if they meet the following conditions:
Condition 1: Using the land before July 1, 2014 without the documents specified in Article 100 of the 2013 Land Law.
Condition 2: Having a permanent household registration in the locality and directly engaged in forestry, agricultural, aquaculture, and salt production in areas with difficult socio-economic conditions and areas with poor socio-economic conditions. society is especially difficult.
Condition 3: Now certified by the People’s Committee of the commune, ward or township where the land is located that the person has used the land stably and without dispute.
Dossier to apply for a certificate of land use right as prescribed in Article 8 of Circular 24/2014/TT-BTNMT as follows:
An application for registration and issuance of a Red Book, made according to Form No. 04a/DK issued together with Circular 24/2014/TT-BTNMT;
Information on documents certifying the origin of the land being used (land with full papers as prescribed in Article 100 of the 2013 Land Law) or a certificate of reclaimed land issued by the Commune People’s Committee;
2 declarations of registration fees for real estate and land (Specified according to form 01/LPTB if any);
2 declarations of land use levy (Using form No. 01-05/TSDD if any);
2 personal income tax returns (according to form 11/TK-TNCN if any);
2 copies of information about other documents related to land use levy exemption or reduction (if any).
In addition to the documents as prescribed above, when carrying out the procedures for granting a certificate of land use right, it is necessary to present a people’s identity card or citizen identification.
Evaluation of dossiers of application for land use right certificates:
Competent agencies shall check registration dossiers, confirm eligibility or ineligibility to be granted Certificates in registration applications;
Update information on land parcels and land-attached assets, register in cadastral records, land database (if any);
Update and supplement the issuance of certificates of land use rights and ownership of houses and other land-attached assets in the cadastral dossiers and land databases.
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