Can building a house on reclaimed land be granted a land use right certificate in Vietnam?

Can building a house on reclaimed land be granted a land use right certificate in Vietnam?

Pursuant to Clause 2, Article 101 of the Land Law 2013 on grant of a certificate of land use rights and ownership of houses and other land- attached assets to households and individuals that are using land and have no documents on land use rights, accordingly:

2. Households and individuals using land and having none of documents prescribed in Article 100 of this Law that have used land stably before July 1, 2004, with no violations of the land law and such land is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

In Clause 3, Article 22, Decree 43/2014/ND-CP on handling and grant of certificates of land use rights and ownership of houses and other land-attached assets to land-using households and individuals that commit violations of the land law before July 1, 2014, specifically as follows:

3. Cases of encroachment or occupation of unused land or of land use purpose change without permission of competent state agencies in case such permission is required in accordance with the land law shall be handled as follows:

a/ In case of use of land planned for use for the purposes specified in Articles 61 and 62 of the Land Law, the State shall recover the land before projects or works are implemented or constructed.

Persons currently using encroached or occupied land may continue temporarily using such land until the State recovers it but shall preserve the current land use status and make land declaration and registration under regulations;

b/ In case of use of land not falling into the case specified at Point a of this Clause, provincial-level People’s Committees shall direct the review and modification of land use master plans. Current land users may be considered for grant of certificates of land use rights and ownership of houses and other land-attached assets.

Thus, when your parents build a house on land reclaimed in 1954, they can be granted a Certificate of land use rights and house ownership if the land use is consistent with the land use planning in the locality in Vietnam. 

Can building a house on reclaimed land be granted a land use right certificate in Vietnam? (Image from the Internet)

If the land use fee payment deadline is over, will the land be expropriated in Vietnam?

According to Clause 1, Article 64 of the Land Law 2013 on land expropriation due to violations of land law:

1. Cases of land expropriation due to violations of the land law include:

a/ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;

b/ Land users intentionally damage land;

c/ Land was allocated or leased to wrong subjects or ultra vires;

d/ Land that is ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;

e/ Land that is allocated by the State for management is encroached or occupied;

f/ Land that is ineligible for transfer of land use rights as prescribed by this Law is encroached or occupied due to the irresponsibility of land users;

g/ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply;

h/ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;

i/ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

According to this Article, with the above regulations in Vietnam, when land users commit the above acts, their land will be expropriated by the State.

Best regards!