Vietnam: Who will be granted the Land Use Right Certificate, Red Book under the amended Draft Land Law in Vietnam? What are the cases of revocation of land use right certificates?
- Who will be granted a Land Use Right Certificate under the amended Draft Land Law in Vietnam in Vietnam?
- What are the principles and competence to issue certificates of land use rights, ownership of houses and other assets attached to the proposed land?
- What are the cases of revocation of land use right certificates under the amended Draft Land Law of Vietnam?
Who will be granted a Land Use Right Certificate under the amended Draft Land Law in Vietnam in Vietnam?
Pursuant to Clause 1, Article 142 of the Draft Land Law in Vietnam (amending 2013 Land Law of Vietnam) stipulates as follows:
Certificates of land use rights, ownership of houses and other assets attached to land
1. Certificates of land use rights, ownership of houses and other assets attached to land shall be granted to persons having land use rights, housing ownership rights and other property rights attached to land in a uniform form throughout the country.
The Minister of Natural Resources and Environment shall specify certificates of land use rights, ownership of houses and other assets attached to land.
2. Certificates of land use rights, certificates of ownership of houses and residential land use rights, certificates of housing ownership, certificates of ownership of construction works, certificates of land use rights, ownership of houses and other assets attached to land have been granted in accordance with the provisions of land law, the law on housing and the law on construction before the effective date of this Law shall remain legally valid and must not be changed to certificates of land use rights, ownership of houses and other assets attached to land; in case a person who has been granted a Certificate before the effective date of this Law wishes to change it, he/she shall be entitled to change it to a Certificate of land use right, house ownership and other property attached to land in accordance with this Law.
Thus, according to the above proposal, certificates of land use rights, ownership of houses and other assets attached to land shall be granted to persons having land use rights, house ownership and other property rights attached to land in a uniform form throughout the country.
Vietnam: Who will be granted the Land Use Right Certificate, Red Book under the amended Draft Land Law of Vietnam? What are the cases of revocation of land use right certificates?
What are the principles and competence to issue certificates of land use rights, ownership of houses and other assets attached to the proposed land?
Pursuant to Article 143 of the Draft Land Law of Vietnam (amended) stipulating the principles and competence to grant certificates of land use rights in Vietnam, ownership of houses and other assets attached to land as follows:
- Certificates of land use rights in Vietnam, ownership of houses and other assets attached to land shall be issued according to each land parcel. Where a land user is using more than one parcel of agricultural land in the same commune, ward or township upon request, a Certificate of land use right, house ownership and other property attached to common land shall be issued for such land parcels.
- If a land parcel has many people sharing land use rights, many people owning houses and other assets attached to land, the Certificate of land use right, ownership of houses and other assets attached to land must fully state the names of persons sharing land use rights, persons jointly owning houses and other property attached to land and granting each person 01 certificate; at the request of land users or owners of assets attached to land, a certificate shall be jointly issued and given to the representative.
- Land users, owners of houses and other assets attached to land shall receive certificates of land use rights, ownership of houses and other assets attached to land after fulfilling their financial obligations as prescribed by law.
In case land users, owners of houses and other assets attached to land are not subject to perform financial obligations or are exempted or debited from financial obligations and in case land leases pay annual land rent, they shall receive land use right certificates, ownership of houses and other property attached to land immediately after grant by a competent authority.
- Where land use rights in Vietnamor land use rights, ownership of houses and other property attached to land or ownership of houses and other property attached to land are joint property of husband and wife, both full name and full name of husband and wife must be recorded in the certificate, unless the husband and wife have an agreement to name a person.
Where land use rights in Vietnam or land use rights, ownership of houses and other property attached to land or ownership of houses and other property attached to land are joint property of husband and wife, but the issued certificate only states the surname and name of the spouses, it shall be changed to a certificate to include surnames, wife's name and surname, husband's name if requested.
- In case the land parcel is under the use of a household, a certificate shall be issued stating the full name of the member on the certificate and given to the representative. In case the certificate has been issued to the representative of the household before the effective date of this Law, if the members have the same land use rights of the household in need, the certificate shall be exchanged and full names of members having common land use rights shall be issued.
+ In case members share the land use rights of households in need, a Certificate shall be issued stating the name of the household representative on the Certificate and given to the household representative.
+ The identification of members having common land use rights of households to write their names on the Certificate shall be agreed upon by these members themselves and responsible before law.
- In case there is a discrepancy between the actual measurement data and the data stated on the papers specified in Article 135 of this Law or the issued certificate, but the boundary of the land parcel in use does not change from the boundary of the land parcel at the time of issuance of the land use right document, if there is no dispute with adjacent land users, when issuing or exchanging certificates of land use rights, ownership of houses and other assets attached to land, the land area shall be determined according to actual measurement data.
+ Land users are not required to pay land use levy for the difference in area if any.
+ In case of re-measurement, the land parcel boundary has changed from the land parcel boundary at the time of issuance of the land use right document or the issued Certificate and the actual measured land area is more than the area stated on the land use right document or the issued certificate, the area difference (if any) shall be viewed consider recognizing land use rights and grant certificates in accordance with the provisions of this Law.
- The authority to issue certificates shall be exercised by the Land Registry Office in accordance with the Government's regulations.
- The Government shall detail the issuance of certificates of land use rights, ownership of houses and other assets attached to land, the redetermination of residential land area and the correction and revocation of granted certificates.
What are the cases of revocation of land use right certificates under the amended Draft Land Law of Vietnam?
Pursuant to Clause 2, Article 146 of the Draft Land Law of Vietnam (amended), cases of revocation of land use right certificates include:
- The State recovers the entire land area on the issued certificate.
- Renewal of the issued certificate.
- Land users and owners of assets attached to land shall register land fluctuations and land-attached assets and must issue new certificates of land use rights, ownership of houses and other assets attached to land.
- The certificate has been issued with incorrect authority, wrong land use object, wrong land area, wrong location, ineligible for grant, wrong land use purpose or land use term or land use origin as prescribed by land law, unless the person to whom such certificate is granted has transferred the land use right or ownership of the property attached to the land in accordance with the provisions of land law.
See the full Draft Land Law in Vietnam (amended): Here.
LawNet