Will a certificate of title be issued to agricultural land used for public purposes in Vietnam?

Will a certificate of title be issued to agricultural land used for public purposes in Vietnam?

In Clause 1, Article 151 of the Land Law 2024 on the cases where Certificates of title are not issued in Vietnam:

Cases where Certificates of title are not issued

1. Land users shall not be issued a certificate of title in the following cases:

a) Agricultural land is used for public purposes according to Article 179 of this Law;

b) Land allocated for management falls under Article 7 of this Law, except in cases where land is allocated for both use and management, the certificate of title shall be issued for the land used under the decision to allocate or lease out land of a competent regulatory agency;

c) Land is leased or subleased from the land user, except when the land is leased or subleased from the investor who constructed infrastructure for commercial purposes, in accordance with the investment project approved by a competent authority;

d) Land is allocated for contract execution, except if the LURs are recognized as specified in point a clause 2 Article 181 of this Law;

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Agricultural land used for public purposes in Vietnam will not be issued a Certificate of title.

Will a certificate of title be issued to agricultural land used for public purposes in Vietnam? (Image from the Internet)

What are the cases of using agricultural land for public purposes in Vietnam according to the Land Law 2024?

Under Article 179 of the Land Law 2024 (effective from January 1, 2025), the following provisions are outlined:

Agricultural land banks used for public purposes

1. Agricultural land banks used for public purposess that have been set up according to land laws over time will continue to be used to meet demands for public services of local authorities.

2. Agricultural land banks used for public purposess of communes, wards or commune-level towns shall be used in the following purposes:

a) Construction of cultural works, works of physical training and sports, public entertainment, healthcare, education, markets, cemeteries and other public works that are invested, managed or used by the People's Committees of third-level administrative divisions; construction of gratitude houses, charity houses, and great solidarity houses;

b) Recompense for former holders of expropriated land when constructing the works specified in point a of this clause.

3. The land area that has not yet used for the purposes specified in clause 2 of this Article shall be leased out by the People’s Committees of third-level administrative divisions to local persons for agricultural production or aquaculture through auction. The land use term for each lease shall be 10 years.

4. Agricultural land banks used for public purposess of communes, wards or commune-level towns shall be managed or used by the People’s Committees of third-level administrative divisions to which land belongs according to the land use planning or plans that have been approved by competent authorities.

Thus, the agricultural land banks for public purposes of communes, wards or commune-level towns shall be used in the following purposes:

- Construction of cultural works, works of physical training and sports, public entertainment, healthcare, education, markets, cemeteries and other public works that are invested, managed or used by the People's Committees of third-level administrative divisions; construction of gratitude houses, charity houses, and great solidarity houses;

- Recompense for former holders of expropriated land when constructing the works specified in point a of this clause.

Which entity manages agricultural land used for public purposes in Vietnam?

According to Clause 1, Article 217 of the Land Law 2024 (effective from January 1, 2025):

Land managed by agencies/organizations of the State

1. Land managed by an agency or organization of the State includes land that has not yet been allocated, leased or has been allocated for management, including:

a) Land used for public purposes;

b) Land covered by rivers, streams, canals, creeks, streams, ponds, lakes, lagoons;

c) Land used for cemeteries, funeral service centers and cremation centers; land for ashes storage facilities;

d) Dedicated water-covered land;

dd) Dedicated forest land, protective forest land, production forest land;

e) Land expropriated and allocated by the State to land bank development organizations for management;

g) Land expropriated and allocated by the State to the People's Committees of third-level administrative divisions for management in the cases mentioned in Point dd, Clause 1 and Clause 3, Article 82; Clause 2, Article 82 in rural areas; Clause 5, Article 86; Point e, Clause 2, Article 181 of this Law;

h) Land reallocated or received through LUR disposition from foreign diplomatic organizations when there is no need to use the land on the basis of international treaties, international agreements and regulations of relevant laws;

i) Agricultural land used for public purposes of communes, wards or commune-level towns;

k) Unused land.

2. The agency or organization of the State allocated to manage the land bank specified in clause 1 of this Article are responsible for managing and preserving the land area allocated for management; the use of the above-mentioned land bank shall comply with the corresponding land use regulations according to the provisions of this Law.

Agricultural land used for public purposes is managed by an agency or organization of the State.