If land is subject to both the provincial People's Committee and district-level People's Committee, which agency has authority to determine the type of land in Vietnam?

If land is subject to both the provincial People's Committee and district-level People's Committee, which agency has authority to determine the type of land in Vietnam?

Pursuant to Clause 1, Article 2, Decree 01/2017/ND-CP stipulates the determination of land type as follows:

1. The type of a land parcel used in the absence of documents defined in Section 1, 2 and 3, Article 11 of the Land Law shall be identified in the following manner:

a) If the land parcel is securely used and is not gained through illegal encroachment, occupation or conversion, its type shall accord with the current form of use;

b) If the land parcel is gained through illegal encroachment, occupation or conversion, its type shall be traced from its origin and progress of land management and use.

2. The type of a land parcel allocated, leased or enabled to be converted by the government shall be identified according to the land use plan, construction plan, urban plan, rural residential area plan and new rural commune development plan, which have been approved by competent government authorities, and the investment project.

3. The type of a land parcel (on which there is neither garden nor pond) used for various purposes, as prescribed in Section 1 and Section 2 of this Article, shall be identified in the following manner:

a) If the boundaries of the segments in different use are specified, the land parcel shall be divided by use and the use of each divided lot is identified.

b) If the boundaries of the segments in different use are unspecified, the main purpose of use of the land parcel shall accord with the land type at the highest price in the land price list issued by the People's Committee of the relevant province or central-affiliated city (hereinafter referred to as the provincial People's Committee).

The main purpose of use of a land area for construction of a multi-purpose condominium whose floor area is partly used for offices and commercial establishments shall be residential.

4. Provincial People’s Committees shall identify the type of land, as stated in Section 1, 2 and 3 of this Article, being used by religious establishments, foreign-invested companies, diplomatic foreign organizations or Vietnamese expatriates for an investment project. People's Committee of a district, township or provincial city (hereinafter referred to as the district-level People's Committee) shall identify the type of land concerning households, individuals, residential communities or Vietnamese expatriates permitted to own residential houses pursuant the legislation on residential housing. The type of land expropriated shall be identified by the agencies authorized to expropriate such land as per the legislation on land.

Provincial People’s Committee shall identify the type of land over which the authority to identify land type belongs to both the provincial People’s Committee and district-level People's Committee.

Thus, according to current regulations in Vietnam, in case the subject's land is determined to be under the jurisdiction of the district-level People's Committee and the provincial-level People's Committee, it will fall under the jurisdiction of the provincial-level People's Committee. Therefore, in your case, the People's Committee will have the authority to determine the land in Vietnam.

If land is subject to both the provincial People's Committee and district-level People's Committee, which agency has authority to determine the type of land in Vietnam? (Image from the Internet)

If I apply to separate a land plot with insufficient area before the minimum area is decided, can I still be granted a Land Use Rights Certificate in Vietnam?

According to Clause 1, Article 29 of Decree 43/2014/ND-CP regulating grant of certificates of land use rights and ownership of houses and other land-attached assets for land parcels smaller than the prescribed minimum area:

1. For a currently used land parcel which was formed before the effective date of the provincial-level People’s Committee’s document on the minimum area of a land parcel eligible for splitting and which is smaller than the minimum area prescribed by the provincial-level People’s Committee but fully satisfies the conditions for grant of a certificate of land use rights and ownership of houses and other land-attached assets, the current user shall be granted such certificate.

Thus, according to current regulations in Vietnam, in case you have submitted a request to separate the plot before the Provincial People's Committee changed the minimum area to be eligible for a land use right certificate, you can still be granted a Certificate of land use rights.

Best regards!