What Are 7 Cases Where a Land Use Right Certificate Is Not Issued According to the 2024 Land Law of Vietnam?
7 Cases Where a Land Use Right Certificate Is Not Issued According to the 2024 Land Law of Vietnam
On January 18, with the majority of votes in favor, the National Assembly passed the 2024 Land Law.
Article 151 of the 2024 Land Law stipulates the cases where a Land Use Right Certificate and certificate of ownership of assets attached to the land are not issued as follows:
Cases Where a Land Use Right Certificate and Certificate of Ownership of Assets Attached to the Land Are Not Issued
1. Land users shall not be issued a Land Use Right Certificate and certificate of ownership of assets attached to the land in the following cases:
a) Agricultural land used for public purposes as prescribed in Article 179 of this Law;
b) Land assigned for management as prescribed in Article 7 of this Law, except in cases where the land assigned for management is also jointly used with other land, in which case only the area of land used according to the land assignment decision or land lease of the competent state authority will be issued the Land Use Right Certificate and certificate of ownership of assets attached to the land;
c) Land rented or sub-leased from land users, except in cases where the land is rented or sub-leased from investors building and operating infrastructure, in line with the investment project approved by the competent authority;
d) Contractual land, except in cases recognized for land use rights as specified at point a clause 2 Article 181 of this Law;
dd) Land subject to a reclamation decision by the competent state authority except in cases where more than 03 years have passed since the reclamation decision without implementation;
e) Land under dispute, being distrained, subject to other measures to secure the enforcement of civil judgments as prescribed by civil enforcement laws; land use rights subject to emergency measures as prescribed by law;
g) Organizations assigned land by the State without land levy for public purposes not aimed at business.
2. Assets attached to the land will not be issued a Land Use Right Certificate and certificate of ownership of assets attached to the land in the following cases:
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Starting from January 1, 2025, the 7 cases where a Land Use Right Certificate is not issued include:
- Agricultural land used for public purposes as prescribed in Article 179 of the 2024 Land Law.
- Land assigned for management as prescribed in Article 7 of the 2024 Land Law, except in cases where the land is jointly used with other land, in which case only the area used under the land assignment or lease decision from the competent state authority will be issued the Land Use Right Certificate and certificate of ownership of assets attached to the land.
- Land rented or sub-leased from land users, except in cases where the land is rented or sub-leased from investors in infrastructure development and operation, in accordance with the investment project approved by the competent authority.
- Contractual land, except in cases recognized for land use rights as specified at point a clause 2 Article 181 of the 2024 Land Law.
- Land subject to a reclamation decision by the competent state authority except in cases where more than 03 years have passed since the reclamation decision without implementation.
- Land under dispute, being distrained, subject to other measures to secure the enforcement of civil judgments as prescribed by civil enforcement laws; land use rights subject to emergency measures as prescribed by law.
- Organizations assigned land by the State without land levy for public purposes not aimed at business.
7 Cases Where a Land Use Right Certificate Is Not Issued According to the 2024 Land Law of Vietnam (Image from the Internet)
What Are the Contents of State Management on Land in Vietnam According to the 2024 Land Law?
According to Article 20https://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Dat-dai-2024-31-2024-QH15-523642.aspx?anchor=dieu_20 of the 2024 Land Law, the contents of state management on land are expected to include:
(1) Promulgating and implementing legal normative documents on land management and use.
(2) Propagating, disseminating, educating, training, conducting scientific research, developing technology, and engaging in international cooperation in land management and use.
(3) Determining administrative boundaries, establishing and managing administrative boundary records.
(4) Surveying, revising, and preparing cadastral maps, land use status maps, land use planning maps, and specialized maps related to land management and use.
(5) Investigating, assessing, protecting, rehabilitating, and restoring land resources.
(6) Preparing, adjusting, and managing land use planning and plans.
(7) Allocating land, leasing land, recovering land, recognizing land use rights, requisitioning land, and converting land use purposes.
(8) Investigating and establishing land price frameworks, determining specific land prices, and managing land prices.
(9) Managing financial matters related to land.
(10) Compensating, supporting, and resettling when land is recovered or requisitioned.
(11) Developing, managing, and exploiting land funds.
(12) Registering land, creating and managing cadastral records; issuing, correcting, recovering, and annulling Land Use Right Certificates.
(13) Conducting land statistics and inventories.
(14) Establishing, managing, and exploiting the National Land Information System.
(15) Managing and supervising the implementation of the rights and obligations of land users.
(16) Resolving land disputes; handling complaints and denunciations related to land.
(17) Providing and managing public services related to land.
(18) Inspecting, examining, monitoring, evaluating the compliance with land laws and handling violations of land laws.
Who Are the Subjects to Which the 2024 Land Law Is Applicable in Vietnam?
According to Article 2 of the 2024 Land Lawhttps://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Dat-dai-2024-31-2024-QH15-523642.aspx?anchor=dieu_2, the subjects to which it applies include:
(1) State agencies exercising their authority and responsibilities to represent the ownership of all the people over land and exercising unified state management over land.
(2) Land users.
(3) Other subjects involved in land management and use.
The 2024 Land Lawhttps://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Dat-dai-2024-31-2014-QH15-523642.aspx will take effect from January 1, 2025. However, Articles 190 and 248 of the 2024 Land Law will take effect from April 1, 2024.
Recently, with the desire to bring the 2024 Land Law into effect sooner than planned, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN proposing that the National Assembly allows the 2024 Land Law to take effect from July 1, 2024.
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