Vietnam: What are the regulations on issuance of the certificate of land use rights in case land use rights are held by multiple persons? What are the 07 cases where the conveyance of land use rights is not allowed from 2025?
What are the 07 cases where the conveyance of land use rights is not allowed from 2025 in Vietnam?
According to Clause 1 and Clause 8, Article 45 of the Land Law 2024, the conditions for exercise of rights to exchange, convey, lease, sublease, inherit, donate LURs; mortgage LURs and contribute LURs as capital; receive LURs through conveyance or donation in Vietnam are stipulated as follows:
Conditions for exercise of rights to exchange, convey, lease, sublease, inherit, donate LURs; mortgage LURs and contribute LURs as capital; receive LURs through conveyance or donation
1. A land user shall be granted rights to exchange, convey, lease, sublease, inherit, donate LURs; mortgage LURs and contribute land use rights as capital if all of the following conditions are met:
a) He/she has a certificate of LURs, certificate of home ownership and LURs of homestead land, certificate of LURs, ownership of housing and property affixed to land; or certificate of title, except for cases of inheritance of LURs, agricultural land repurposing upon transfer of LUR ownership or donation of LURs to the State or populations and the cases prescribed in clause 7 Article 124 and point a clause 4 Article 127 of this Law;
b) The land is not in dispute or was solved beyond dispute by a competent regulatory agency, under a judgement or decision of a Court, a decision or ruling of an arbitrator that has taken legal effect;
c) The LURs must not be subject to distraint or other coercive measures in order to ensure the judgment enforcement complies with civil judgement enforcement laws;
d) Such rights are exercised within the land use term;
dd) The LURs must not be subject to provisional emergency measures in accordance with laws.
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8. Cases where the receipt of LURs by conveyance or donation is not allowed:
a) Business organizations are not permitted to receive LURs of protective forest land, dedicated forest land of individuals by conveyance, except for cases where the land repurposing is allowed according to land use planning and plans that have been approved by competent authorities;
b) Individuals not residing in protective forests or dedicated forests are not allowed to receive LURs of homestead land and another land in the protective forests, strictly protected subdivisions or ecological restoration subdivisions within the dedicated forests by transfer or donation;
c) Organizations, individuals, populations, religious organizations, affiliated religious organizations, persons of Vietnamese descent residing overseas, foreign-invested business organizations that are not allowed by the law to receive LURs by conveyance or donation.
Thus, under the conditions for the conveyance of land use rights, the conveyance of land use rights is not allowed in the following cases:
- Land on dispute/land dispute that has not been resolved by competent state authorities, court judgments, resolutions, or arbitration decisions that have not taken legal effect
- Land use rights seized or other measures applied to ensure the execution of civil judgments
- Land with expired use term
- Land use rights subject to emergency measures
- Economic organizations buying forest protection land, and special-use forest land from individuals(except for cases where land use purposes are changed according to the planning and land use plans approved by competent authorities)
- Individuals not residing in protective forest areas, special-use forest areas buying homestead land and other land within protective forest areas, strictly protected sub-zones, and ecological restoration sub-zones within those special-use forests
- Organizations, individuals, residential communities, religious organizations, affiliated religious organizations, overseas Vietnamese, and foreign-invested economic organizations not permitted by law to buy land.
What are the regulations on granting of the certificate of land use rights in case land use rights are held by multiple persons? What are the 07 cases where the conveyance of land use rights is not allowed from 2025 in Vietnam? (Image from the Internet)
What are the regulations on granting of the certificate of land use rights in case land use rights are held by multiple persons in Vietnam?
According to Article 135 of the Land Law 2024, the principles for issuing a Certificates of title are as follows:
Rules of grant of Certificates of title
1. Only one certificate of title shall be granted in respect of each land parcel. Certificates of title shall be granted to holders of LURs, owners of property affixed to land who apply for certificates and satisfy all conditions according to regulations of this Law. In case a land user who is using multiple agricultural land parcels in the same commune, ward or commune-level town applies for certification, only 01 certificate of title shall be granted in respect of all the land parcels.
2. If the LUR of a land parcel or ownership of property affixed to land is held by multiple person, each holder shall be granted 01 separate certificate of title; if required, 01 certificate of title shall be granted to all the holders and given to the representative of such holders.
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Thus, in case land use rights are held by multiple persons,each holder shall be granted 01 separate certificate of land use rights. If required, 01 certificate of land use rights shall be granted to all the holders and given to the representative of such holders.
In Vietnam, who is granted a certificate of land use rights according to the Land Law 2024?
According to Article 134 of the Land Law 2024, the certificates of title is stipulated as follows:
Certificates of title
1. Certificates of title shall be granted to holders of LURs, home ownership, ownership of construction works affixed to land using the uniform form throughout the entire country.
2. The Minister of Natural Resources and Environment shall issue regulations on certificates of title.
Thus, those eligible for a certificate of land use rights include:
- Holders of LURs;
- Holders of home ownership;
- Holders of ownership of construction works affixed to land.
Respectfully!
