Minimum area of land to be eligible for issuance of land use right certificate (LURC) in Vietnam under the Land Law 2024? What is the time limit for issuance of LURCs?
Minimum area of land to be eligible for issuance of land use right certificate (LURC) in Vietnam under the Land Law 2024
Based on the Land Law 2024, the minimum area for issuing a LURC depends on each specific case. To be specific:
>> First, for the initial issuance of a LURC:
Case 1: Issuance of a Certificate of Land Use Rights, Ownership of Assets Attached to Land for households, individuals, and residential communities using land with documents of land use rights (Article 137 of the Land Law 2024)
Case 2: Issuance of a Certificate of Land Use Rights, Ownership of Assets Attached to Land for households and individuals using land without documents of land use rights, without violating land law, and not covering land illegally allocated (Article 138 of the Land Law 2024)
Case 3: Issuance of a Certificate of Land Use Rights, Ownership of Assets Attached to Land for households and individuals using land illegally allocated (Article 140 of the Land Law 2024)
Thus, for initial issuance cases according to the above regulations, there is no specified minimum land area requirement for issuing a LURC. However, the issuance must meet specific conditions for each case.
>> Area for Issuing a New LURC due to Parcel Separation
Based on Clause 2, Article 220 of the Land Law 2024, for land parcel separation, in addition to the principles and conditions stipulated in Clause 1, Article 220 of the Land Law 2024, the following conditions must be ensured:
- The parcels after separation must ensure the minimum area according to the land category being used as prescribed by the provincial People's Committee;
If the separated parcel is smaller than the minimum area allowed for separation, it must be simultaneously merged with the adjacent parcel;
- In case of changing the use purpose of part of a parcel, the separated parcel’s minimum area must be equal to or larger than the minimum area of the land type after the use purpose change. For parcels having homestead land and other types of land, it is not mandatory to separate the parcel while changing the use purpose, except when the land user requests parcel separation;
- In case of dividing land use rights according to a court’s judgment, which does not satisfy conditions, area, and dimensions for separation as stipulated, separation will not be carried out.
Thus, for LURC issuance due to parcel separation, the separated parcels must ensure the minimum area according to the land type being used as prescribed by the provincial People's Committee.
Simultaneously, Clause 1, Article 146 of the Land Law 2024 stipulates that a parcel smaller than the minimum area can be granted a Certificate of Land Use Rights if it meets the following condition:
The currently used parcel was formed before the effective date of the provincial People's Committee’s document on the minimum area for parcel separation, and though the parcel is smaller than the minimum area prescribed by the provincial People's Committee, if it meets the conditions for issuing a Certificate of Land Use Rights, a Certificate can be issued to the current land user.
Thus, for LURC issuance, specific conditions must be met according to the Land Law 2024.
Minimum area of land to be eligible for issuance of land use right certificate (LURC) in Vietnam under the Land Law 2024? What is the time limit for issuance of the LURCs? (Internet image)
Do cases of parcel subdivision or consolidation have to apply for issuance of a new LURC?
Based on Clause 1, Article 23 of Decree 101/2024/ND-CP, the regulations are as follows:
Cases of land and land-attached assets registration requiring new issuance of the Certificate of Land Use Rights, Ownership of Assets Attached to Land include:
1. Parcel merging or parcel separation.
2. Lease, sublease of land use rights from investors whom the State has allocated or leased land for infrastructure construction business purposes.
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Thus, parcel merging or parcel separation requires issuing a new LURC upon registration of land changes.
What is the time limit for first issuance of LURCs?
Based on Clause 1, Article 22 of Decree 101/2024/ND-CP, the regulations are as follows:
Time frames for carrying out procedures for land and land-attached assets registration, issuance of the Certificate of Land Use Rights, Ownership of Assets Attached to Land include:
1. Initial land and land-attached assets registration within no more than 20 business days; initial issuance of the Certificate of Land Use Rights, Ownership of Assets Attached to Land within no more than 03 business days.
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Thus, the time limit for first issuance of LURCs is no more than 03 business days.
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