Is it possible to get a certificate of land use rights and ownership of houses and other land-attached assets when there is a deed of purchase with confirmations of the former regime in Vietnam?

Is it possible to get a certificate of land use rights and ownership of houses and other land-attached assets when there is a deed of purchase with confirmations of the former regime in Vietnam?

If there is a deed of purchase with confirmations of the former regime, can I get a certificate? Because my grandfather bought a house attached to the land in 1970 from a friend, has a deed of purchase of the house and is certified by the former regime. Since then, there has been no dispute. Now, if I want to do a certificate, is it possible, currently the deed of purchase of my grandfather's house is still kept?

Reply:

Pursuant to Clause 1, Article 100 of the Land Law 2013, 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 is 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.

Thus, in case the land user has a land use right document issued by a competent agency under the former regime, the State will issue a certificate of land use right, house ownership and property rights. other assets attached to the land and do not have to pay land use fees in Vietnam.

In Article 15 of Circular 02/2015/TT-BTNMT stipulating papers concerning land use rights issued to land users by competent agencies of the former regime include the following:

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;

So the deeds of purchase are also one of the approved documents. So in your case, you will be granted a certificate of land use rights and ownership of houses and other land-attached assets by the State, and you will not have to pay land use fees in Vietnam.

What are 02 cases of being transferred or donated without a certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

May I ask if there is no certificate of land use rights and ownership of houses and other land-attached assets, is there any case that the land can be transferred or donated in this situation?

Reply:

Pursuant to Clause 1, Article 188 of the 2013 Land Law, conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

b/ The land is dispute-free;

c/ The land use rights are not distrained to secure judgment enforcement;

d/ Within the land use term.

Thus, comparing the above provisions in Vietnam, there are 02 cases of being transferred or donated land use rights even though there is no Certificate:

Case 1: Upon receiving the land use right inheritance, the land user may exercise the right to transfer or donate the land upon obtaining the Certificate or meeting the conditions for issuance of the Certificate.

Case 2: All recipients of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese whoare not eligible to buy houses associated with residential land use rights in Vietnam, the heir is not granted a Certificate but may transfer or be given the inherited land use right.

Are there handwritten land sale and purchase documents in 1990 eligible for a certificate of land use rights and ownership of houses and other land-attached assets in Vietnam?

I inherited the land from my grandfather in 1985, in 1990 I sold that land to my neighbor, we still keep this document. Now, the neighbor asked me about the issue of the certificate of land use rights and ownership of houses and other land-attached assets, so I don't know if this document is granted or not?

Reply:

Pursuant to Point d Clause 1 Article 100 of the Land Law 2013 stipulates 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:

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;

Thus, in your case, a certificate will be issued by a competent authority if it is confirmed by the People's Committee of the commune where you live: Having legal papers on the previous transfer of land use rights (Handwritten documents 1990); This land area has been used stably since before October 15, 1993 in Vietnam.

Best regards!