In all periods; Land is always an important and precious resource. Land is an important means of production; the land gives us a living environment;… However; not everyone knows the provisions of the law on land; and there are always many questions surrounding this issue such as: Is residential land residential? Residential land is land that is permanently used right? LSX Lawfirm will give you an article about: “Things to know when using residential land in Vietnam”, as follows:
Legal grounds
Land Law 2013 (amended and supplemented in 2018)
Circular No. 23/2014/TT-BTNMT
What is residential land?
The law does not define exactly what is residential land; but only classifies soil groups and gives definitions for each soil group.
So, according to article 10 of the 2013 Land Law; based on the purpose of use; land is classified into: agricultural land group; group of non-agricultural land; and unused land group (not to mention the concept of residential land). In there; group of non-agricultural land includes: Residential land; land for construction of the agency’s headquarters; land used for defense and security purposes; then land for construction of non-business works, including land for construction of headquarters of non-business organizations; etc.
So, residential land is the common way people use to refer to residential land; including residential land in rural areas (symbolized as ONT); residential land in urban areas (symbolized as ODT). In other words; Residential land is not the type of land prescribed by the land law, which is what people call it.
Residential land is land permanently used?
Clause 7, Article 6 of Circular No. 23/2014/TT-BTNMT; stipulates as follows:
“a) In case land is allocated by the State; for land lease, write the duration according to the land allocation or land lease decision; the case is recognized by the State to use land; write the recognized term of use in accordance with the law on land; b) In case of land use with a definite term; then write “Land use term up to …/…/… (specify expiration date)”;c) In case the land use term is stable and long, write “Long-term”; d) In case the residential land plot has a garden; pond in which the residential land area is recognized as a part of the land plot; then write the land use term according to each land use purpose “Residential land: Long-term; Land… (name the purpose of use according to the current status of agricultural land for the garden area; the pond is not recognized as residential land): use until …/…/… (write the expiration date). use)”.
So, pursuant to Clause 1, Article 125 of the 2013 Land Law; Residential land used by households and individuals is a type of land that is used stably and for a long time. So; when the residential land use right certificate says the land use term: “long-term” means you are able to use that land stably and do not specify the land use term, not residential land is the land permanent use.
Cases in which the State recovers land in Vietnam
According to the provisions of Clause 11 Article 3 of the Land Law 2013:
State recovery of land means the State’s decision to recover land use rights from persons to whom the State grants land use rights, or to recover land from land users who violate the land law.
And based on Articles 61, 62, 64, 65 of the Land Law, specifying the cases of land recovery:
- Land recovery for defense and security purposes;
- To recover land for socio-economic development for national and public interests;
- Land recovery due to violations of the law on land;
- Land recovery due to termination of land use according to law; voluntarily return the land, at risk of endangering human life.
So, to answer the question residential land permanently used land, right? confirmed that: residential land has a long term of land use; it makes no sense you will be using the land permanently; land does not acquire but meant to ensure stable land use; your long-term and when falling into the circumstances specified above; You have just had your land acquired.
Related article: Procedures for foreigners to buy apartments in Vietnam
- Foreigners buy apartments of Vietnamese individuals
- What should foreigners pay attention to when buying a house in Vietnam?
- Houses for foreigners in Vietnam
You can refer to the article related to Types of land use for commercial housing in Vietnam or Procedures for converting to residential land in Vietnam
Related questions
Pursuant to Point a, Clause 2, Article 10 of the 2013 Land Law; residential land (residential land) belonging to the group of non-agricultural land; including residential land in rural areas and residential land in urban areas.
Pursuant to Clause 1, Article 144 of the 2013 Land Law; residential land in urban areas includes land for construction of houses, construction of works in service of life, gardens; pond in the same parcel of land in an urban residential area; consistent with the land use planning; urban construction planning already approved by competent state agencies.
Pursuant to Clause 1, Article 143 of the 2013 Land Law; residential land used by households and individuals in rural areas, including land for construction of houses; construction of works in service of life and gardens; pond in the same parcel of land in a rural residential area; consistent with the land use planning; construction planning of rural residential quarters already approved by competent state agencies.
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