Vietnam: Can land use right certificates that have been issued under the old regulations be used again?
- Can the land use right certificate issued under the old regulations be used again in Vietnam?
- Which agency regulates the sample of land use right certificates in Vietnam?
- Under what circumstances are land users granted certificates of land use rights, ownership of houses and property attached to land in Vietnam?
Can the land use right certificate issued under the old regulations be used again in Vietnam?
Pursuant to Clause 2, Article 97 of the 2013 Land Law of Vietnam provides as follows:
Article 97. Certificates of land use rights and ownership of houses and other land-attached assets
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2. The certificate of land use rights, the certificate of house ownership and residential land use rights, the certificate of house ownership and the certificate of construction facilities ownership which have been granted in accordance with the Land Law of Vietnam, housing law or construction law before December 10, 2009, remain legally valid and are not required to be changed to the certificate of land use rights and ownership of houses and other land-attached assets. In case those who were granted a certificate before December 10, 2009, want to change the certificate, they shall be granted the certificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law.
Accordingly, the land use right certificate that was previously issued remains the same value according to current regulations.
Therefore, land use right certificates issued under the old regulations will still be used further.
Vietnam: Can land use right certificates that have been issued under the old regulations be used again?
Which agency regulates the sample of land use right certificates in Vietnam?
Pursuant to Clause 1, Article 97 of the 2013 Land Law of Vietnam provides as follows:
Article 97. Certificates of land use rights and ownership of houses and other land-attached assets
1. A certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single form used nationwide.
The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.
Thus, the Minister of Natural Resources and Environment will prescribe a specific form of land use right certificate.
Under what circumstances are land users granted certificates of land use rights, ownership of houses and property attached to land in Vietnam?
Pursuant to Article 99 of the 2013 Land Law of Vietnam, it provides as follows:
Article 99. Cases of land use to be granted a certificate of land use rights and ownership of houses and other land-attached assets
1. The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the following cases:
a/ 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 this Law;
b/ People who are allocated land or leased land by the State from the date this Law takes effect;
c/ 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;
d/ 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;
dd/ Land use right auction winners;
e/ People who use land in industrial parks, industrial parks, export processing zones, hi-tech zones or economic zones;
g/ People who buy houses and other land-attached assets;
h/ People who buy houses attached to residential land liquidated by the State or buy state- owned houses;
i/ 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;
k/ Land users who request change or re-grant of a lost certificate.
2. The Government shall detail this Article.
According to the above provisions, land users will be granted certificates of land use rights, ownership of houses and assets attached to land in the following cases:
- Land users are eligible to grant certificates of land use rights, ownership of houses and other property attached to land as prescribed in Articles 100, 101 and 102 of this Law;
- Persons who are allocated or leased land by the State after the effective date of this Law;
- Persons who are converted, transferred, inherited, donated to land use rights, receive capital contributions by land use rights; the recipient of land use rights when processing mortgage contracts with land use rights to collect debts;
-Persons entitled to use land according to the results of successful conciliation of land disputes; according to the judgment or decision of the People's Court, the execution decision of the executing agency or the decision on settlement of disputes, complaints and denunciations about land by competent state agencies that have been executed;
- Winner of land use rights auction;
- Land users in industrial parks, industrial clusters, export processing zones, hi-tech parks, economic zones;
- Buyers of houses and other property attached to land;
- Persons liquidated by the State, the price of housing attached to residential land; buyers of state-owned housing;
- Land users separating parcels and parcels; groups of land users or members of households, spouses, land use organizations that separate or consolidate existing land use rights;
- The land user proposes to exchange or reissue the lost certificate.
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