Are land users from October 15, 1993, to before July 1, 2014 in Vietnam without documents on land use rights eligible for issuance of land use right certificate (LURC)?
Are land users from October 15, 1993, to before July 1, 2014 in Vietnam without documents on land use rights eligible for issuance of LURC?
Pursuant to Clause 3, Article 138 of the Land Law 2024, households and individuals using land from October 15, 1993, to before July 1, 2014, without any documents on land use rights as stipulated in Article 137 of the Land Law 2024, not falling under the cases stipulated in Article 139 of the Land Law 2024 and Article 140 of the Land Law 2024, and confirmed by the commune-level People's Committee that the land is not in dispute, will be issued a LURC:
- For parcels with residential houses and structures serving life, if the parcel area is equal to or larger than the homestead land allocation limit stipulated in Clause 2, Article 195 of the Land Law 2024 and Clause 2, Article 196 of the Land Law 2024, then the recognized homestead land area will equal the homestead land allocation limit; if the land area already built with residential houses exceeds the homestead land allocation limit, the recognized homestead land area will be based on the actual built area with residential houses and structures serving life;
- For parcels with residential houses and structures serving life, if the parcel area is smaller than the homestead land allocation limit stipulated in Clause 2, Article 195 of the Land Law 2024 and Clause 2, Article 196 of the Land Law 2024, then the entire parcel area will be recognized as homestead land;
- For parcels used for non-agricultural production, commercial, and service purposes, they will be recognized as non-agricultural production establishment land or commercial land as stipulated in Point c, Clause 1, Article 138 of the Land Law 2024;
- For the remaining land area after being determined according to points a and c of this clause, it will be determined according to the current land use status.
In case the current use status is non-agricultural land not classified as homestead land, it will be recognized as stipulated in Point c, Clause 3, Article 138 of the Land Law 2024;
In case the current use status is agricultural land, it will be recognized in the form of state land allocation without land levy;
If the land user wishes to recognize the land for non-agricultural purposes that conform to district-level land use planning or general planning, detailed planning, construction planning, or rural planning, the land will be recognized for that purpose, and the land levy must be paid as per legal regulations;
- Land users will be issued a Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land and must fulfill financial obligations as per legal regulations.
Are land users from October 15, 1993, to before July 1, 2014 in Vietnam without documents on land use rights eligible for issuance of LURC? (Internet image)
what are cases ineligible for issuance of LURC in Vietnam?
Pursuant to Clause 1, Article 151 of the Land Law 2024, there are 7 cases ineligible for issuance of LURC in Vietnam as of August 1, 2024, as follows:
(1) Agricultural land used for public purposes as stipulated in Article 179 of the Land Law 2024;
(2) Land allocated for management as stipulated in Article 7 of the Land Law 2024, except for cases where the land is jointly used with land allocated for management, then a Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land will be issued for the area used according to the land allocation decision or lease decision of the competent state authority;
(3) Land leased or sub-leased from land users, except for cases of leasing or sub-leasing land from investors of infrastructure business, in accordance with the approved investment project by the competent authority;
(4) Contracted land, except for cases where land use rights recognition is stipulated in Point a, Clause 2, Article 181 of the Land Law 2024;
(5) Land already under a recovery decision by the competent state authority, except for cases where more than 03 years have elapsed from the time of the recovery decision without execution;
(6) Land under dispute, sequestration, or under other measures to ensure judgment enforcement as per legal regulations on civil judgment enforcement; land use rights under emergency temporary measures as per legal regulations;
(7) Organizations granted land without land levy by the state for public purposes without business purposes.
When will the Land Law 2024 come into effect in Vietnam?
Pursuant to Article 252 of the Land Law 2024, amended by Clause 2, Article 1 of the Law amending the Land Law, Housing Law, Real Estate Business Law, and Credit Institutions Law 2024:
Entry into force
1. This Law takes effect from August 1, 2024, except for cases stipulated in Clause 2 and Clause 3 of this Article.
2. Article 190 and Article 248 of this Law take effect from April 1, 2024.
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The Land Law 2024 takes effect in Vietnam from August 1, 2024.
Article 190 of the Land Law 2024 and Article 248 of the Land Law 2024 take effect in Vietnam from April 1, 2024.
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