Can I be issued a certificate of land use rights while having a real estate ownership in Vietnam?

Can I be issued a certificate of land use rights while having a real estate ownership in Vietnam?

Article 100 of the Land Law 2013 provides for grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights as follows:

1. 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:

a/ 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;

b/ 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;

c/ 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;

d/ 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;

e/ 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;

f/ The document on land use rights issued by a competent authority of the former regime to land users;

g/ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

Article 15 of Circular 02/2015/TT-BTNMT provides for papers concerning land use rights issued to land users by competent agencies of the former regime as follows:

Papers concerning land use rights issued by competent agencies of the former regime to land users as prescribed in Point e, Clause 1, Article 100 of the Law on Land include:

1. Real estate ownership

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

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

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

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

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

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

Based on the above regulations in Vietnam, if you have a real estate ownership issued by the old regime and are using the land stably, you will be issued a certificate of land use rights (Certificate of land use rights and ownership of houses and other land-attached assets to households).

Can I be issued a certificate of land use rights while having a real estate ownership in Vietnam? (Image from the Internet)

What is implementation of re-issuance for the certificates’ lost page in Vietnam?

Article 16 of Circular 02/2015/TT-BTNMT provides for re-issuance for the certificates’ lost page as follows:

In case an additional page to the certificate is lost and land users or owners of land-linked properties need re-issuance, the re-issuance is instructed in Article 77 of the Decree No. 43/2014/NĐ-CP; land registration office notes in the first line of the re-issued additional page that “This additional page shall replace the additional page No...(Ordinal number of the lost additional page).

Best Regards!