What are the cases of grant of certificates of land use rights for land parcels smaller than the prescribed minimum area in Vietnam?
- What are the cases of grant of certificates of land use rights for land parcels smaller than the prescribed minimum area in Vietnam?
- What are the principles of grant of certificates of land use rights and ownership of houses and other land-attached assets?
- In what cases does the State grant a certificate of land use rights to a land user?
What are the cases of grant of certificates of land use rights for land parcels smaller than the prescribed minimum area in Vietnam?
Procedures for grant of certificates of land use rights in Vietnam for land parcels smaller than the prescribed minimum area according to Article 29 of Decree No. 43/2014/ND-CP is as follows:
- For a currently used land parcel which was formed before the effective date of the provincial-level People’s Committee’s document on the minimum area of a land parcel eligible for splitting and which is smaller than the minimum area prescribed by the provincial-level People’s Committee but:
Fully satisfies the conditions for grant of a certificate of land use rights and ownership of houses and other land-attached assets, the current user shall be granted such certificate.
- Notarization, certification, grant of a certificate of land use rights and ownership of houses and other land-attached assets, and carrying out of procedures to exercise the rights of land users are not allowed in case:
Land users arbitrarily divide the land parcels already registered and granted with the certificates into two or more smaller land parcels at least one of which is smaller than the minimum area prescribed by the provincial-level People’s Committee.
- In case land users simultaneously apply for splitting of a land parcel smaller than the prescribed minimum area and for consolidation of this land parcel with another adjacent one to form a new land parcel equal to or larger than the minimum area of a land parcel eligible for splitting, they shall be allowed to split and consolidate the land parcels simultaneously and shall be granted a certificate of land use rights and ownership of houses and other land- attached assets for the new land parcel.
Thus, for a currently used land parcel which was formed before the effective date of the provincial-level People’s Committee’s document on the minimum area of a land parcel eligible for splitting and which is smaller than the minimum area prescribed by the provincial-level People’s Committee but fully satisfies the conditions for grant of certificates of land use rights in Vietnam, the current user shall be granted such certificate.
What are the cases of grant of certificates of land use rights for land parcels smaller than the prescribed minimum area in Vietnam?
What are the principles of grant of certificates of land use rights and ownership of houses and other land-attached assets?
Principles of grant of certificates of land use rights and ownership of houses and other land-attached assets according to Article 98 of the 2013 Land Law of Vietnam are as follows:
- The certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel.
Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one certificate for all parcels at their request.
- For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted one certificate.
At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.
- Land users or owners of houses and other land-attached assets shall be granted a certificate of land use rights and ownership of houses and other land-attached assets after they have fulfilled the financial obligations as prescribed by law.
In case the land users or owners of houses and other land-attached assets do not have to fulfill financial obligations or are exempted from financial obligations or allowed to owe the financial obligations and in case the land is leased with annual rental payment, they may receive the certificate of land use rights and ownership of houses and other land-attached assets right after the certificate is granted by a competent agency.
- In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife:
The full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.
In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.
- If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of the 2013 Land Law of Vietnam or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate.
Land users do not have to pay land use levy for the positive balance in area, if any.
In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Article 99 of the 2013 Land Law of Vietnam.
In what cases does the State grant a certificate of land use rights to a land user?
The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the cases specified in Clause 1, Article 99 of the 2013 Land Law of Vietnam, specifically as follows:
- 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 the 2013 Land Law of Vietnam;
- 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;
- Land use right auction winners;
- People who use land in industrial parks, industrial parks, 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 change or re-grant of a lost certificate.
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