Vietnam: To distinguish between certificates of land use rights and papers on land use rights

Hello, Lawnet would like to answer your questions as follows:

1. Regarding the definition of certificates of land use rights and papers on land use rights

Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.

Papers on land use rights prescribed in Clauses 1, 2 and 3, Article 100 of Land Law 2013 and Article 18 of Decree 43/2014/ND-CP as amended and supplemented by Clauses 16 and 17, Article 2 of Decree 01/2017/ND-CP.

Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:

- The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

- Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

- Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

- The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

- The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

- The document on land use rights issued by a competent authority of the former regime to land users:

+ Real estate ownership

+ The deeds of real estate sale (including houses and inhabited land) with confirmations from the former regime;

+ The deeds of purchase, offering as gifts, change of houses, inheritance of land-linked houses with confirmations from competent agencies of the former regime.

+ Testament or written agreement on division of inheritance of houses confirmed by the former regime;

+ Housing construction permits or architecture legalizing permits issued by the former regime;

+ Judgement made by the Court of the former regime that came into force;

+ Other papers proving legal existence of houses, land recognized by People’s committees of provinces;

- Other documents issued before October 15, 1993, in accordance with the Government’s regulations:

+ Land registers and field establishment registers made before December 18, 1980. Minutes of approval of commune-level land and field registration councils, determining that the current land use is lawful;

+ Lists of lawful land use cases made by commune-level People’s Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies;

+ The letter of application for registration of land use right in the absence of the documents as specified in. The date of the letter of application for registration of land use right shall be the date of filing or the date of validation, if the dates are different, whichever is earlier;

+ The documents on the communal, district-level or provincial People's Committee’s certification of registration of the land user’s land use right;

+ The documents on housing declaration, which bears the confirmation of the communal, district-level or provincial People's Committee and describes the land area on which such housing is built;

+ The documents on national defense units’ allocation of housing land to officials and soldiers before the 15th of October 1993 pursuant to the Directive No. 282/CT-QP dated July 11, 1991 by the Minister of National defense provide that such allocation accorded with the plan of housing land for officials and soldiers in the national defense land plan approved by competent authorities.

+ Projects or lists or documents on emigration of people to build new economic zones or for resettlement approved by district- or provincial-level People’s Committees or competent state agencies.

+ Documents of state-run agricultural and forest farms on allocation of land to workers of these farms for building their houses (if any).

+ Documents having contents on ownership of houses and works; building and repair of houses and works certified or permitted by district- or provincial-level People’s Committees or state management agencies in charge of houses and construction.

+ Documents on temporary allocation of land by district- or provincial-level People’s Committees; written requests for land use approved by commune-level People’s Committees or agricultural cooperatives before July 1, 1980, or approved by district- or provincial-level People’s Committees.

+ Documents issued by competent state agencies on allocation of land to agencies and organizations for arrangement of land parcels to their officials, workers and employees for building houses on their own or for building houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees.

In case of building houses with state budget funds, built houses shall be handed over to local housing management agencies for management and trading in accordance with law.

+ Copies of the documents above must have certification of district- or provincial-level People’s Committees or specialized management agencies in case the original documents are lost and state agencies no longer preserve dossier of management of the grant of such documents.

Households and individuals that are using the land and have one of the documents above bearing the names of other people accompanied by the documents on transfer of land use rights signed by the related parties, but have not performed the procedures for the transfer of land use rights in accordance with law prior to July 01, 2014, and there is no dispute on that land, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.

In addition, households and individuals may use land under the decisions of competent state agencies.Thus, households and individuals must have papers proving the use of land under that decision, including:

+ Decision or a judgment of the People’s Court,

+ A judgment enforcement decision of a judgment enforcement agency,

+ A document recognizing results of the successful conciliation

+ A decision of a competent state agency on settlement of land disputes,

+ Complaints or denunciations which was executed

+ Households and individuals using land that is allocated or leased by the State from October 15, 1993, to July 01, 2014 and have not been granted a certificate, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.

2. Regarding the use value of certificates of and papers on land use rights

Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.

In addition, the red book is also used for the following purposes:

- Exercising the right to convert, transfer, lease, sublease, inherit, donate, or mortgage land use rights; capital contribution by land use rights

- Being used the basis for compensation upon land recovery.

- Being used as a basis for implementing land dispute settlement.

- Being used as a basis for determining soil type.

- Component of the registration file for changes (record transfer when giving, transferring, etc.).

Papers on land use rights are the basis for granting land use rights certificates; grounds for not having to pay a land use levy upon issuance of certificates; bases for determining land types; bases for determining residential land areas, in the case of gardens and ponds.

In addition, the land use rights document is also the basis for determining the jurisdiction (where the application is filed) when settling land disputes.

3. Regarding the legal validity of certificates and papers on land use rights

The certificate of land use rights has a higher legal value.

Papers on land use rights are one of the bases for granting land use rights certificates, so they have a lower legal value.

Best regards!

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