If the land has been used stably since 2003 until now, will it be granted a certificate of land use rights and ownership of houses and other land- attached assets in Vietnam?

If the land has been used stably since 2003 until now, will it be granted a certificate of land use rights and ownership of houses and other land- attached assets in Vietnam?

I currently have a farm of about 20 hectares, I am farming stably, the time I have been using it since 2003 is 19 years, but I have not had a certificate yet and I know that this land has been registered for planning for Company H. Will I be issued a certificate now?

Reply:

According to Clause 2, Article 101 of the Land Law 2013, 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 are specifically as follows:

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.

According to the information you provided, your farm land is currently in the state planning assigned to Company H, so your family is not granted a Land Use Rights Certificate for this land area in Vietnam.

If the land has been used stably since 2003 until now, will it be granted a certificate of land use rights and ownership of houses and other land- attached assets in Vietnam? (Image from the Internet)

Is there a penalty for not changing the name of the certificate when transferring in Vietnam?

Hello, I want to transfer a piece of land to my child, but I don't want to change the name of the certificate, can I be fined? Hope to receive a response from you soon. Thank.

Reply:

Clause 1, Article 95 of the Land Law 2013 stipulates:

1. Land registration is compulsory for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner.

According to Clause 6, Article 95 of the Land Law 2013, For the cases of change registration specified at Points a, b, h, i, k and 1, Clause 4 of this Article, land users shall perform the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights are divided.

If it is more than 30 days from the effective date of the contract for transfer or donation of land use rights or from the date of completion of division of land use rights, it is considered an inheritance in cases of inheritance without registration of changes (not to the name of the certificate) will be subject to administrative sanctions.

According to Clause 2, Article 17 of Decree 91/2019/ND-CP, failing to conduct land change registration as specified in Points a, b, h, i, k and l Clause 4 Article 95 of Land Law in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 1,000,000 to VDN 3,000,000 shall be imposed if land change registration is not conducted within 24 months from the deadline specified in Clause 6 Article 95 of Land Law;

b) A fine ranging from VND 2,000,000 to VDN 5,000,000 shall be imposed if land change registration is not conducted after 24 months from the deadline specified in Clause 6 Article 95 of Land Law.

Therefore, transferring the name of the certificate when transferring land is a mandatory form; otherwise, not transferring the name of the certificate will be penalized according to the provisions of current law in Vietnam.

Can agricultural land in different communes be combined into one certificate in Vietnam? 

My husband and I were given a piece of land to grow rice in a neighboring commune by my wife's parents. We have been doing agricultural production for a long time. Now I want to do the procedure to transfer my name, I also want to combine them into one book for easy management. So my question is, my agricultural land is located in two different communes, can I combine it into one certificate?

Reply:

In Clause 1, Article 98 of the Land Law 2013, it is stipulated:

Article 98. Principles for granting Certificates of land use rights, ownership of houses and other assets attached to land

1. The certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel. Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one certificate for all parcels at their request.

Thus, according to the above regulations in Vietnam, in case people use agricultural land in the same commune, they will be issued with a single Land Use Rights Certificate. If you live in a different commune, then no.

Best regards!