Hello LSX. I have found a satisfactory piece of land to open a business, but the owner said that currently only have “valid documents” but no land use right certificate, the owner told me that Submitting an application for a certificate and receiving a response from the competent national authority is certain to be granted. So about the matter “What are valid land documents in Vietnam?” Let’s find out with LSX in the article below.
- Land Law 2013
- Decree 43/2014/ND-CP
What are valid documents?
According to previous regulations, “Valid papers” is the legal term mentioned in Decree No. 60/1994/ND-CP on house ownership and land use rights in urban areas to refer to documents A document issued by a competent authority of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the State of the Socialist Republic of Vietnam, or by a competent authority under the Government of the Republic of South Vietnam. The old regime grants it, if it exists, the owner of the land or land is granted or considered for issuance of a certificate of house ownership and residential land use right according to the provisions of Article 11 of this Decree.
According to the current land regulations in Article 100 of the 2013 Land Law, documents on land use rights are required to grant certificates of land use rights and ownership of houses and other land-attached assets to households. Families, individuals, and communities that are using land should no longer use this term.
What are valid land documents in Vietnam?
Households and individuals that are using land on a stable basis and possess one of the following papers shall be granted a certificate of land use rights and ownership of houses and other land-attached assets (red book). and without paying land use levy:
(1) Documents on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the State of the Democratic Republic of Vietnam, the Government of the Forestry Revolution and the Government of the Socialist Republic of Vietnam. the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
(2) A temporary land use right certificate issued by a competent state agency or named in the Land Register, Cadastral Book before October 15, 1993;
(3) 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;
(4) 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 having been used before October 15, 1993;
(5) Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;
(6) Papers on land use rights granted to land users by a competent agency under the old regime, including:
– Land title.
– Real estate sale documents (including housing and residential land) certified by the agency under the old regime.
– Documents on purchase and sale of houses, house donation, house exchange or inheritance of houses attached to residential land, certified by agencies under the old regime.
– A will or an agreement on the division of the estate’s estate, certified by the agency under the former regime.
– A permit for housing construction or a permit for legalization of architecture issued by an agency under the old regime.
– The judgment of the court of the old regime has taken effect.
– Other papers evidencing the establishment of houses and residential land are now recognized by the People’s Committee of the province where the residential land is located.
(7) Other papers established before October 15, 1993 with the name of the land user, specifically:
– The land-itemizing book and the ant-filling book were made before December 18, 1980.
– One of the documents made during the land registration process according to Directive 299-TTg dated November 10, 1980 (added in Clause 16, Article 2 of Decree No. 01/2017/ND-CP).
– Project or list or document on migration to build new economic zones, migration and resettlement approved by district-level People’s Committees, provincial-level People’s Committees or competent state agencies.
– Papers of the state-owned farm or forestry enterprise on the allocation of land to employees in the farm or forestry farm for housing (if any).
– Papers with contents on ownership of houses and works; on the construction and repair of houses and works certified or permitted by the People’s Committees of districts, provinces or state management agencies in charge of housing and construction.
– Papers of temporary land allocation of the People’s Committees of districts and provinces; An application for land use must be approved or approved by the People’s Committee of the commune or agricultural cooperative before July 1, 1980, or approved and accepted by the People’s Committee of the district or province.
– Papers of competent state agencies on the allocation of land to agencies or organizations to arrange land for officials and employees to build houses for themselves or to build houses to allocate (grant) to officials; employees with capital that is not part of the state budget or built by cadres and employees themselves.
– Copies of papers specified in items (1), (2), (3), (4), (5), (6) and (7) above (except for land-itemizing books, pre-made construction books) dated December 18, 1980) certified by the People’s Committee of the district or province or the specialized management agency of the district or province in case the original of this document has been lost and the state agency no longer keeps it. keep records of the management of the issuance of such documents.
Authority to issue land use right certificates
Pursuant to the provisions of Article 105 of the 2013 Land Law, Article 37 of Decree 43/2014/ND-CP, Clause 23, Article 2 of Decree 01/2017/ND-CP as follows:
Authority to issue land use right certificates for the first time
– Provincial People’s Committees grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations and establishments; overseas Vietnamese, foreign-invested enterprises implementing investment projects; foreign organizations with diplomatic functions.
Provincial-level People’s Committees may authorize natural resources and environment agencies of the same level to grant certificates of land use rights and ownership of houses and other land-attached assets.
– District-level People’s Committees grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, residential communities, and overseas Vietnamese. housing associated with residential land use rights in Vietnam.
Competence to issue a certificate of land use right when the certificate has been issued, but the land user exercises the rights of the land user, the owner of the assets attached to the land, and issues and renews the certificate.
– For localities that have established land registration offices, the Department of Natural Resources and Environment shall grant certificates of land use rights and ownership of houses and other land-attached assets to land users and owners. owning property on land for which the Certificate, Certificate of house ownership or Certificate of ownership of construction works has been granted, in the following cases:
+ When land users and property owners exercise the rights of land users and owners of land-attached assets, a new certificate of land use rights and ownership of houses and assets must be issued. other property attached to land;
+ Issuance and renewal of certificates, certificates of house ownership, certificates of construction work ownership.
– For localities that have not yet established land registration offices, the issuance of Certificates shall be carried out as follows:
+ The Department of Natural Resources and Environment issues certificates of land use rights and ownership of houses and other land-attached assets to religious organizations and establishments; overseas Vietnamese to implement investment projects; foreign organizations and individuals; foreign-invested enterprises;
+ District-level People’s Committees grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, residential communities, and overseas Vietnamese to own houses associated with residential land use rights in Vietnam.
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Please see more
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Frequently asked questions
Without valid papers on land, it will not be recognized and protected by the state; Cannot be transferred, given, or inherited; Can’t mortgage; There is no basis for dispute settlement; No compensation or compensation in specific cases as prescribed by law
According to the Law on Residence 2020 in article 19, citizens who have a lawful place of residence in any province must register for permanent residence there. Therefore, the documents proving the legal housing and land also need documents related to the legal residence of the land user. So what are the real estate documents? The profile will include:
Notice of change of household registration or household registration.
Certificate of household registration if falling into the case specified in Clause 2, Article 28 of the Law on Residence.
Papers and documents proving that the current residence is legal
Grounds for issuance of the Certificate.
Grounds for not having to pay land use levy when issuing the Certificate.
The basis for determining the type of soil.
Bases when determining residential land area in case of gardens and ponds.
Grounds for determining jurisdiction (place of application) when settling land disputes