Vietnam: 2023 Land Inventory Template? Is a land inventory considered a type of land use right document?
Is the land inventory a basis for determining stable land use in Vietnam?
Pursuant to Clause 2, Article 21 of Decree 43/2014/ND-CP (as amended by Article 11 of Decree 104/2022/ND-CP) stipulating documents as the basis for determining stable land use as follows:
Article 21. Bases for determining stable land use
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2. The time of starting the stable land use shall be determined based on the time and contents related to the land use purpose stated in one of the following documents:
a/ Receipt of agricultural land use tax and house and land tax;
b/ Written record or decision on sanctioning of administrative violation in land use, written record or decision on sanctioning of administrative violation in the construction of land-attached facilities;
c/ Decision or judgment of a people’s court which has taken legal effect or judgment enforcement decision of a judgment enforcement agency which has been enforced regarding land-attached assets;
d/ Decision of a competent state agency on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of disputing parties and certification of the commune-level People’s Committee of the locality where the disputed land is located;
dd/ Decision on settlement of a land use-related complaint or denunciation of a competent state agency;
e) citizen identity card or identity card or birth certificate; electricity, water bills and other bills showing the residential address in the registered land plot. In case it is impossible to access the residence information in the National Population Database, the certificate of residence information shall be supplemented.
g/ Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land;
h/ Document on purchase and sale of houses and other land-attached assets or documents on purchase and sale of land and transfer of land use rights bearing signatures of related parties;
i/ Maps, registers and documents on land survey and measurement in different periods;
k/ Declaration of houses and land for registration bearing the certification of the commune-level People’s Committee at the time of declaration and registration.
Thus, the land inventory book is one of the documents based on the time and content related to the land use purpose to determine the time to start using stable land.
Vietnam: 2023 Land Inventory Template? Is a land inventory considered a type of land use right document?
How is the 2023 Land Inventory Form in Vietnam?
According to Appendix No. 15 issued together with Circular 25/2014/TT/BTNMT stipulating the form of land inventory in 2023 as follows:
Download the 2023 Land Inventory template: Here.
Is a land inventory considered a type of land use right document in Vietnam?
Before July 01, 2014:
In Official Dispatch 1568/BTNMT-DKTKĐĐ in 2007 on the use of picnic books and land inventory books issued by the Ministry of Natural Resources and Environment on 25/4/2007 instructing:
The land inventory book is made to serve the State to fully grasp the land and carry out land statistics and inventory in accordance with the land law; therefore, the land inventory must show all land parcels (including land parcels that have been granted land use right certificates (hereinafter referred to as certificates) and parcels that have not been granted certificates), irrigation works and rivers, canals and streams within the administrative boundaries of each commune, wards, towns. For land parcels that have been granted certificates, the information of the parcel shown on the Land Inventory Book is consistent with the information on the certificate, the land parcels that have not been granted a certificate, the information of the parcel is shown according to the results of investigation and measurement of the current status of land use without legal validity on land use rights. Therefore, the land inventory book is also not considered as one of the land use right papers specified in Clause 1, Article 50 of the Land Law.
This Dispatch explains that the inventory book is not considered as a land use right document specified in Clause 1, Article 50 of the 2003 Land Law (stipulating that the papers are granted land use right certificates and do not have to pay land use money).
Because the land parcels have not been granted certificates, the information of such land parcels is shown according to the results of surveys and measurements of the current state of use without legal validity on land use rights.
- From July 01, 2014 to present:
According to Clause 1, Article 18 of Decree 43/2014/ND-CP stipulates other documents on land use rights as follows:
Article 18. Other documents on land use rights specified at Point g, Clause 1, Article 100 of the Land Law
Other documents made before October 15, 1993, under Point g, Clause 1, Article 100 of the Land Law bearing names of land users include:
1. Land registers and field establishment registers made before December 18, 1980.
The land inventory book made before 18/12/1980 is one of the documents on land use rights; when having this type of book, households and individuals who are using stable land will be granted a certificate and not have to pay land use money.
Thus, before 2014, the land inventory book was not considered a type of land use right document. According to current regulations, the land inventory book before 18/12/1980 is considered a type of land use right document.
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