What are cases ineligible for issuance of Certificate of land use rights (LURC) and cases required to issue a new LURC from August 1, 2024? What are the procedures for first-time issuance of a LURC in Vietnam?
What are cases ineligible for issuance of LURC in Vietnam?
Based on Clause 1, Article 151 of the Land Law 2024, 7 cases where LURCs are not issued from August 1, 2024, are as follows:
(1) Agricultural land used for public purposes as stipulated in Article 179 of the Land Law 2024;
(2) Land allocated for management in cases specified in Article 7 of the Land Law 2024, except in cases where the land is allocated for joint use and management, where a Certificate of land use rights and ownership of assets attached to the land is issued for the area used under a state land allocation or leasing decision;
(3) Land leased or subleased from land users, except for land leased or subleased from infrastructure construction business investors, in line with an investment project approved by a competent authority;
(4) Contracted land, except for cases recognized for land use rights under Point a, Clause 2, Article 181 of the Land Law 2024;
(5) Land subject to retrieval decisions by a competent state agency, except for cases where 3 years have passed since the land retrieval decision without any action taken;
(6) Land currently in dispute, under sequestration, or subject to other measures to ensure the enforcement of judgments according to civil enforcement law; land use rights under emergency measures according to the law;
(7) Organizations assigned land by the State without land levy for public purposes and not intended for business.
What are cases ineligible for issuance of Certificate of land use rights (LURC) and cases required to issue a new LURC from August 1, 2024? What are the procedures for first-time issuance of a LURC in Vietnam? (Internet image)
What are cases required to issue a new LURC in Vietnam from August 1, 2024?
Based on Article 23 of Decree 101/2024/ND-CP, 6 cases requiring new issuance of LURCs upon registration of land-related changes or changes to the property affixed to land are as follows:
(1) Merging or splitting parcels of land.
(2) Renters or sub-renters of land use rights from an investor assigned land by the State for infrastructure construction business.
(3) Investment projects involving land use that adjust detailed construction planning according to construction law, or project investors who have been issued Certificates for the entire project area but request separate LURCs for each parcel according to the approved detailed construction planning.
(4) Certification of property ownership attached to land on parcels that have been issued Certificates.
(5) Changes in all land parcel information due to geodetic survey; changes in homestead land area due to re-measurement according to Clause 6, Article 141 of the Land Law 2024.
(6) Cases of registration of changes in land use rights and ownership of attached assets where there is no remaining space on the issued Certificate for noting changes or when the land user or asset owner requests a new Certificate.
Cases where LURCs will be revoked in Vietnam from August 1, 2024
Based on Clause 2, Article 152 of the Land Law 2024, the state will revoke issued LURCs in the following 6 cases from August 1, 2024:
(1) The State retrieves the entire parcel noted in the land use rights certificate, house ownership and homestead land use rights certificate, house ownership certificate, construction works ownership certificate, land use rights and attached assets ownership certificate, or issued land use rights and attached assets ownership certificate;
(2) Re-issue of land use rights certificate, house ownership and homestead land use rights certificate, house ownership certificate, construction works ownership certificate, land use rights and attached assets rights certificate, or issued land use rights and attached assets rights certificate;
(3) Land users or property owners registering changes that require a new LURC for land use rights and attached assets rights;
(4) Issued Certificates that were improperly authorized, issued to improper land users, with incorrect land areas, insufficient conditions, incorrect land use purposes or terms, or land source use according to land law at the time of issuance;
(5) Certificates revoked by a competent court's ruling;
(6) Cases of auctioning or transferring land use rights and attached assets as mandated by a court and enforcement agency where the obligated party fails to submit the issued Certificates.
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