Hello Lawyer X! The land use book will have a section stating the origin of land use, this is the information to know where the land user has the right to use the land. From there, use the land for the right purpose and origin of land use. I’m about to make a red book, but I don’t know how to determine the origin of land use. So about the matter “Origin of land use in the red book under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Circular 23/2014/TT-BTNMT
- Circular 33/2017/TT-BTNMT
Legal regulations on red books
Red book is a term used a lot in daily life. The Red Book is the Certificate of Land Use Right.
According to Article 97 of the Land Law 2013, certificates of land use rights and ownership of houses and other land-attached assets are granted to persons with land use rights, house ownership rights, and property ownership rights. are attached to the land according to a uniform pattern throughout the country. The Minister of Natural Resources and Environment shall specify certificates of land use rights and ownership of houses and other land-attached assets.
Regulations on red book form
According to Article 3 of Circular 23/2014/TT-BTNMT, the certificate is issued by the Ministry of Natural Resources and Environment according to a uniform form and is applied nationwide for all types of land, houses and assets. other attached to the land. The Certificate consists of a sheet of 04 pages, printed with a lotus-pink bronze drum pattern background (called the Certificate blank) and an additional page with a white background; each page is 190mm x 265mm; includes the following contents:
• Page 1 includes:
o The national emblem, the national emblem and the words “Certificate of land use rights, ownership of houses and other land-attached assets” printed in red;
o Section “I. Names of land users, owners of houses and other land-attached assets”
o Certificate issue number (serial number) consists of 02 Vietnamese letters and 06 digits, printed in black; embossed seal of the Ministry of Natural Resources and Environment;
• Page 2 in black text includes:
o Section “II. Land plots, houses and other land-attached assets”, including information on land parcels, houses, other constructions, planted production forests, perennial trees and Note;
o Date of signing the Certificate and the agency signing and issuing the Certificate
o Number in the Certificate issuing book;
• Tang 3 printed in black includes:
o Section “III. Diagram of land plot, house and other properties attached to land”
o Section “IV. Changes after the issuance of the Certificate”;
• Page 4 in black text includes:
o Subsequent content of section “IV. Changes after the issuance of the Certificate”
o Contents of note for the certificate holder;
o Barcodes;
• The additional page of the Certificate printed in black includes:
o The text “Certificate supplement page”;
o Land plot number; Certificate issue number;
o Number entered in the Certificate issue book
o Section “IV. Changes after the issuance of the Certificate” as page 4 of the Certificate;
• The contents of the Certificate specified at Points a, b, c, d and dd of this Clause shall be issued by the Land Registration Office or the Branch of the Land Registration Office or the Land Use Right Registration Office (for Where the Land Registration Office has not yet been established) self-print and write when preparing documents for submission to the competent authority for granting the Certificate or certifying changes to the issued Certificate.
Origin of land use in the red book under Vietnam law
According to Clause 8 Article 6 of Circular 23/2014/TT-BTNMT, as amended by Clause 6, Article 6 of Circular 33/2017/TT-BTNMT, the origin of use is recorded as follows:
• In case the State allocates land without collecting land use levy, write “The State allocates land without collecting land use levy”;
• In case of being allocated land by the State with the collection of land use levy (including the case of land allocation through auction of land use rights; purchase of apartment buildings and cases of being granted by the Management Board of the Hi-Tech Park or Economic Zone). land re-allocation and in case of exemption or reduction of financial obligations), write “The State allocates land with collection of land use levy”;
• In case of land lease by the State with one-off payment for the entire lease period (including the case of land lease through auction of land use rights, in case of being leased by the Management Board of the Hi-Tech Park or Economic Zone). land and in the case of recognition of land use rights in the form of one-time rental of land and in case of exemption from or reduction of financial obligations), write “The State leases land with one-off payment”;
• In case the State leases land with annual payment (including the case of land lease through auction of land use rights, the case of land lease by the Management Board of the Hi-Tech Park and Economic Zone, and the case of the public. receive land use rights in the form of land lease with annual rental payment and in case of exemption or reduction of financial obligations), write “The State leases land with annual payment”;
• In case the land use right is recognized by the State but must pay land use levy, including households and individuals using land for non-agricultural purposes under the land allocation regime with collection of land use levy in accordance with regulations. under the law on land, but not having to pay money or being exempted or reduced from financial obligations, write “Recognition of land use right as land allocation with collection of land use levy”;
• In case the State recognizes the land use right under the land allocation regime without collection, write “Recognition of land use right as land allocation without collection of land use levy”;
• In case the Certificate is issued due to the division of land plots, consolidation or re-issuance or renewal of the Certificate without changing the land use purpose, the origin of land use shall be recorded as shown on the first-issued Certificate and can be re-issued. accordance with the provisions of this Circular.
• In case the issued Certificate has not stated the origin of land use, based on the previously approved Certificate of Origin application and the provisions of the land law at the time of issuance of the Certificate to determine and showing the origin of land use as prescribed in this Circular;
• In case of transfer of land use rights and a Certificate is required to be issued to the transferee, the form of transfer of the right shall be recorded in turn (such as receiving conversion; receiving transfer; receiving inheritance; being donated; receiving capital contribution; winning auctions; handling mortgage debts; settling disputes; due to settlement of complaints and denunciations; implementing decisions (or judgments) of the Court; implementing judgment enforcement decisions;…); Next, write the origin of land use as on the first-issued Certificate and shown in accordance with the provisions of this Circular. Example: “Receiving the transfer of land allocated by the State with collection of land use fees”.
• In case the land use right is transferred for other purposes but must carry out procedures for changing the land use purpose, the origin of land use shall be recorded in the form specified at Points a, b, c and d. This Clause is consistent with the form of financial obligations to the State after the land use purpose is changed.
• In case of recognition of land use rights with respect to land originating from receiving lawful land use rights transfer of other people, which is subject to the land allocation regime with collection of land use levy in accordance with the law on land, write “Recognition of land use right as land allocation with collection of land use levy”.
• For example: Organization A has received the transfer of residential land use rights from households and individuals before 2005, which has not yet been granted a certificate, and is now used for production and business purposes. When recognizing the land use right, it will be written on the Certificate as “Recognition of land use right as land allocation with collection of land use levy”.
• In case of change of land use purpose and a Certificate is required, write as prescribed for the case where the State allocates land with collection of land use levy (if the land user pays land use levy for the change of land use purpose). ); write in accordance with regulations for the case of land lease by the State (if the land user changes to land lease or continues to lease land as before the change of purpose); write the same as before the change of land use purpose in case the land use right is recognized by the State without paying money for change of purpose and without having to change to lease land;
• In case of leasing or sub-leasing land from enterprises investing in infrastructure in industrial parks, industrial clusters, export processing zones, hi-tech zones and economic zones in the form of one-time payment, write “Land rental with payment of one-time payment”. lump-sum money from enterprises investing in infrastructure of industrial parks (or industrial clusters, export processing zones, …)”.
• In case of land lease or sub-lease of infrastructure investment enterprises in industrial parks, industrial clusters, export processing zones, hi-tech zones and economic zones.
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Frequently asked questions
According to the provisions of the Land Law 2013 and guiding documents, for each type of land origin, land users are recognized and protected by the state with different rights and obligations.
For example. If residential land is allocated by the State with land use levy, the owner has the right to use, transfer, convert, inherit, donate, contribute capital, etc. and be compensated for the land when the State recovers the land. .
Land leased by the State with annual land rental payment, the lessee has the right to use it, but is not allowed to buy, sell, transfer, or be compensated for land when the State recovers the land, but is only entitled to compensation and property support. on land.
Therefore, when considering the red book, we need to pay attention to the content of the origin of the land to understand the legal value of the land plot and the value of the land plot when participating in transactions such as purchase and sale.
The form of use is recorded as follows:
In case the entire land parcel is under the use right of one land user (an individual or a household, a couple, a community, a domestic organization, a religious establishment) , a foreign individual, a Vietnamese residing abroad,…) then write “Private use” in the form of use;
In case the entire land parcel is under the use rights of many land users, write “Common use” in the form of use;
In case the residential land plot has gardens or ponds, and the recognized residential land area is smaller than the area of the whole land plot and has the form of common and separate use for each type of land, write “Private use” in turn. and the attached use purpose, land area for private use; write “Common use” and attached purposes and land area for common use. Example: “Private use: Residential land 120m2, land for perennial crops 300m2; Shared use: Residential land 50m2, land for annual crops 200m2”
The land use term is recorded in accordance with the following regulations:
In case land is allocated or leased by the State, the time limit specified in the decision on land allocation or land lease shall be inscribed; in case the land use right is recognized by the State, write the recognized use term in accordance with the land law;
In case of land use with a definite term, write “Land use term up to …/…/… (insert date of expiration)”;
In case the land use term is stable and long, write “Long-term”;
In case the residential land plot has gardens or ponds and the residential land area is recognized as part of the land parcel, write the land use term according to each land use purpose “Residential land: Long-term; Land… name of the purpose of use according to the current state of agricultural land for the area of gardens and ponds that is not recognized as residential land): use until …/…/… (insert date of expiry date of use) )”.
Conclusion: So the above is Origin of land use in the red book 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
