Does the State compensate land-attached assets which are created after notice of land expropriation by a competent state agency takes effect in Vietnam?

In 2024, which assets attached to land will be granted a Certificate in Vietnam?

In Article 104 of the Land Law 2013, there are regulations on grant of a certificate for land-attached assets as follows:

Grant of a certificate for land-attached assets

1. Land-attached assets to be granted a certificate of land use rights and ownership of houses and other land-attached assets include houses, other construction facilities, production forests which are planted forests, and perennial crops existing at the time the certificate of land use rights and ownership of houses and other land-attached assets is granted.

2. The grant of a certificate of land use rights and ownership of houses and other land-attached assets for land-attached assets must comply with the Government’s regulations.

Thus, assets attached to land that are granted Certificates in Vietnam include:

- House;

- Construction works other than housing;

- Production forests are planted forests;

- Old tree.

Note: The above assets attached to land must be present at the time of issuance of the Certificate of land use rights, ownership of houses and other assets attached to land in Vietnam.

Does the State compensate land-attached assets which are created after notice of land expropriation by a competent state agency takes effect in Vietnam? (Image from the Internet)

Does the State compensate land-attached assets which are created after notice of land expropriation by a competent state agency takes effect in Vietnam?

Article 92 of the Land Law 2013 stipulates that cases ineligible for compensation for land-attached assets upon land expropriation by the State as follows:

Cases ineligible for compensation for land-attached assets upon land expropriation by the State

1. Land-attached assets falling into any of the cases of land expropriation specified at Points a, b, d, e, f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of this Law.

2. Land-attached assets which are illegally created or created after the notice of land expropriation by a competent state agency takes effect.

3. Technical infrastructure, social infrastructure and other construction facilities which are no longer in use.

Thus, land-attached assets will not be compensated if created after notice of land expropriation by a competent state agency takes effect in Vietnam.

What documents are included in the additional registration dossier for assets attached to land of land users who have been issued certificates in Vietnam?

In Clause 3, Article 8, Circular 24/2014/TT-BTNMT , amended by Clause 1, Article 7, Circular 33/2017/TT-BTNMT, there are regulations on additional registration documents for assets attached to land of people. Use of land that has been issued a red book includes:

- Application for registration and issuance of Certificate of land use rights, ownership of housing and other assets attached to land according to Form No. 04a/DK;

- One of the documents specified in Articles 31, 32, 33 and 34 of Decree 43/2014/ND-CP;

In case of certification of ownership of a construction project on agricultural land, the owner of the project does not have one of the documents certifying ownership of the construction project other than housing or the project is exempt from licensing then:

The project owner submits the construction design documents of that project according to the provisions of construction law.

The Land Registration Office or Land Registration Office Branch or Land Use Rights Registration Office sends a form to collect opinions from the state management agency for that type of property along with the construction design dossier of the land registration office.

- Diagram of assets attached to land (except in cases where the documents on ownership of assets attached to land already have an asset diagram consistent with the current status);

- Certificate issued;

- Documents of fulfillment of financial obligations; documents related to the exemption or reduction of financial obligations regarding assets attached to land (if any);

- Written approval of the land user agreeing to build the project that has been notarized or authenticated according to the provisions of law and a copy of land use rights documents according to the provisions of land law for in cases where the project owner is not also the land user.

Note: The content of the above article is written according to the Land Law 2013. On January 18, 2024, the National Assembly passed the Land Law 2024, effective from January 1, 2025. When the 2024 Land Law takes effect, the 2013 Land Law will no longer be effective in Vietnam.

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