Are perennial fruit trees issued with ownership certificates in Vietnam?

Are perennial fruit trees issued with ownership certificates in Vietnam?

Pursuant to Article 4 of Joint Circular 22/2016/TTLT-BNNPTNT-BTNMT stipulating specific regulations on types of perennial plants with ownership certification as follows:

1. Types of perennial plants whose ownership is certified include:

a) Perennial industrial crops;

b) Perennial fruit trees;

c) Perennial medicinal plants;

d) Timber trees, shade trees and perennial landscape trees.

2. Perennial trees to be certified for ownership must have the following characteristics:

a) Trees are planted once, harvested (with the main stem remaining intact) or used as timber, landscape trees, shade trees, with a growth period from planting to liquidation over five (05) years:

b) Belongs to one of the following tree groups: trees, shrubs or climbers.

In addition, Clause 5, Article 3 of Joint Circular 22/2016/TTLT-BNNPTNT-BTNMT stipulates the interpretation of terms as follows:

Perennial fruit trees are plants grown once, grown and harvested for many years, the product is fruit to eat fresh or combined with processing such as grapefruit, orange, rambutan, plum, apricot, mangosteen, longan, durian, lychee, mango.

Thus, perennial fruit trees are subject to ownership certification. Therefore, your family can proceed with the procedures to certify ownership for 1,000 durian trees in Vietnam.

Are perennial fruit trees issued with ownership certificates in Vietnam? (Image from the Internet)

Which agency has authority to issue certificates of ownership of perennial trees?

Pursuant to Clause 1, Article 5 of Decree No. 43/2014/ND-CP regulating provision of land-related services as follows: 

1. Land registration offices:

a/ Land registration offices are public non-business units of provincial-level Natural Resources and Environment Departments established or reorganized by provincial-level People’s Committees on the basis of consolidating existing land use rights registration offices of provincial-level Natural Resources and Environment Departments and district-level Natural Resources and Environment Divisions in localities; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law.

Land registration offices have the functions of registering land and other land-attached assets; compiling, managing, updating and uniformly revising cadastral dossier and land databases; making land statistics and inventory; providing land information to organizations and individuals at their request under regulations;

b/ Land registration offices have branches in districts, towns and provincial cities. Branches of land registration offices may perform the functions and tasks and exercise the powers of land registration offices under decisions of provincial-level People’s Committees;

c/ Operation funds of land registration offices must comply with regulations on finance of public non-business units.

In the above case, the land registration office has the authority to issue a certificate of ownership for 1,000 durian trees according to the provisions of land law to the owner in Vietnam.

What is promulgation of a list of perennial plants whose ownership is certified in the area in Vietnam? 

Pursuant to Article 5 of Joint Circular 22/2016/TTLT-BNNPTNT-BTNMT regulating the list of plant species belonging to perennial plants whose ownership is certified in the area as follows:

1. Pursuant to the provisions of Article 4 of this Joint Circular, the People's Committees of provinces and centrally-run cities assign the Department of Agriculture and Rural Development to preside over the development and submit to the People's Committees of provinces and cities. The city directly under the Central Government decided to issue a List of plant species belonging to perennial plants whose ownership is certified in the area. Every year, the Department of Agriculture and Rural Development is responsible for reviewing proposals to supplement the List of plant species belonging to perennial plants with certified ownership in the area.

2. Within no later than 15 working days from the date of issuance of the List of plant species belonging to perennial plants with certified ownership in the area, the Department of Agriculture and Rural Development reports to the Ministry of Agriculture and Rural Development (Department of Crop Production) for synthesis.

3. Based on the List of perennial plants with certified ownership in the area, the competent agency shall issue a Certificate of land use rights, ownership of houses and other attached assets. with land according to the provisions of land law for owners of perennial trees.

In the above case, the agency competent to issue Certificates of land use rights, ownership of houses and other assets attached to land will issue a certificate of ownership for 1,000 durian trees according to the provisions of the Land law for owners in Vietnam.

Best regards!