What is the land used for belief practices in Vietnam? What is the application for granting Certificate of rights to land used for belief practices?
What is the land used for belief practices in Vietnam?
Pursuant to Article 160 of the Land Law 2013 stipulates that land used for belief practices is as follows:
- Land for belief practices includes land for communal houses, temples, shrines, hermitages, ancestral worship houses and ancestral temples.
- Land for belief practices must be used properly and in accordance with the land use master plans and plans, urban construction master plan and master plan for development of rural residential areas which have been approved by competent state agencies.
- The construction or expansion of communal houses, temples, shrines, hermitages, ancestral worship houses and ancestral temples of the communities must be permitted by competent state agencies.
What is the land used for belief practices in Vietnam? What is the application for granting Certificate of rights to land used for belief practices?
Does land used for belief practices belong to the group of land used for long and stable term in Vietnam?
Pursuant to Clause 8, Article 125 of the Land Law 2013 stipulates as follows:
Land used for long and stable term
Land users may use land for a long and stable term in the following cases:
1. Residential land used by households or individuals.
2. Agricultural land used by communities as prescribed in Clause 3, Article 131 of this Law.
3. Land for protection forest, for special-use forest and for production forest which are natural forests.
4. Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.
5. Land for construction of offices as prescribed at Point 1, Article 147 of this Law and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of this Law.
6. Land used for national defense or security purpose.
7. Land used by religious institutions as prescribed in Article 159 of this Law.
8. Land for religious practices.
9. Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.
10. Land for cemeteries or graveyards.
11. Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of this Law.
Thus, land used for belief practices belongs to the group of land used for long and stable term.
What is the application for granting Certificate of rights to land used for belief practices in Vietnam?
Pursuant to Clause 1, Article 8 of Circular 24/2014/TT-BTNMT stipulating this content as follows:
Application for registration, granting Certificate of rights to use land, ownership of land and property on land for the first time
1. Application for registration, granting Certificate of rights to use land, ownership of land and property on land for the first time shall include:
a) A written form of registration , granting Certificate of rights to use land, ownership of land and property on land for the first time in for form No. 04/DDK;
b) One of the documents specified in Article 100 of the Law on Land and Article 18 of the Government's Decree No. 43/2014 / ND-CP dated May 15, 2014 detailing the implementation of a number of articles of provisions of the Law on Land (hereinafter referred to as Decree No. 43/2014 / ND-CP) for the cases of registration of land use rights
c) One of the documents stipulated in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP for cases of registration of ownership of property on land.
A diagram of houses or construction in case of the registration of ownership of houses or construction, (unless in the papers of ownership of houses or construction, there is a diagram in accordance with the current conditions of the houses, constructions);
d) A report on the review results of the current conditions of use for the land for domestic organizations, religious institutions using the land before July 1, 2004 in the Form 08 / DK;
dd) A voucher of financial obligations; papers relating to the exemption and reduction of financial obligations on land and property on land (if any);
e) A decision of the Minister of National Defense, the Minister of Public Security on stationed position or location of works; a copy of the decision of the Prime Minister for approval of land-use planning for purposes of National defense and security in the administrative division of the military zone, in the administrative division of central-affiliated cities and provinces on which units registering the certificate are named for People’s armed forces using land for the purpose of National defense and security, in addition to the papers prescribed at Points a, b and d of this paragraph ;
g) A contract or written agreement or decision of the People's Court on determining the limited right to enjoyment for the adjacent land plots must be presented, enclosed with diagrams showing the location, area size of the land plots that the users of the adjacent land plots are entitled to use in limit in case of registration of limited right to enjoyment for the adjacent land plots.
Thus, application for granting Certificate of rights to use land for land used for belief practices shall include:
- A written form of registration , granting Certificate of rights to use land, ownership of land and property on land for the first time in for form No. 04/DDK;
- One of the documents specified in Article 100 of the Law on Land and Article 18 of the Government's Decree No. 43/2014 / ND-CP dated May 15, 2014 detailing the implementation of a number of articles of provisions of the Law on Land (hereinafter referred to as Decree No. 43/2014 / ND-CP) for the cases of registration of land use rights
- One of the documents stipulated in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP for cases of registration of ownership of property on land.
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