What are cases in which Certificates of Land Use Rights will not be issued from January 1, 2025 in Vietnam?
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What are cases in which Certificates of Land Use Rights will not be issued from January 1, 2025 in Vietnam? - Mr. Khoa (Ba Ria - Vung Tau)
What are cases in which Certificates of Land Use Rights will not be issued from January 1, 2025 in Vietnam?
Based on Article 151 of the Land Law 2024, the cases in which Certificates of land use rights and ownership of other land-attached assets are not issued are as follows:
Cases where Certificates of land use rights and ownership of other land-attached assets are not issued:
1. Land users shall not be issued with Certificates of land use rights and ownership of other land-attached assets in the following cases:
a) Agricultural land used for public purposes as regulated in Article 179 of this Law.
b) Land assigned for management in cases specified in Article 7 of this Law, except for cases where the land is assigned for joint use with the land assigned for management, in which Certificates of land use rights and ownership of other land-attached assets are issued for the portion of land use according to the decision on land assignment or land lease by competent state authorities.
c) Leased or subleased land of land users, except for cases where the land is leased or subleased by investors for the construction and operation of infrastructure works, in accordance with approved investment projects by competent authorities.
d) Land received as a share, except for cases where the land use rights are recognized as stated in point a, clause 2, Article 181 of this Law.
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Thus, the Land Law 2024 specifies the cases in which Certificates of Land Use Rights will not be issued from January 1, 2025, including:
- Agricultural land used for public purposes.
- Land assigned for management in the following cases, except for cases where the land is assigned for joint use with the land assigned for management, in which Certificates of land use rights and ownership of other land-attached assets are granted for the portion of land use according to the decision on land assignment or land lease by competent state authorities:
+ Domestic organizations assigned to manage public works and safety corridors of works as regulated by law.
+ Domestic organizations assigned to manage land with water bodies of rivers and specialized water bodies.
+ Domestic organizations assigned to manage land funds that have been revoked according to the decision of competent state authorities.
+ Economic organizations assigned to manage land areas for investment projects as regulated by law.
- Leased or subleased land of land users, except for cases where the land is leased or subleased by investors for the construction and operation of infrastructure works, in accordance with approved investment projects by competent authorities.
- Land received as a share, except for cases where the land use rights are recognized for individuals who are currently using agricultural or forestry land that was assigned, transferred, assigned through inheritance, leased, or borrowed from agricultural or forestry institutions before February 1, 2015, in the form of State land allocation without land use fees for the land area being used but not exceeding the agricultural land allocation limit for individuals as prescribed.
- Land that has been decided to be revoked by competent state authorities, except for cases where more than 03 years have passed since the decision on land revocation without implementation.
- Land under dispute, subject to encumbrance, or subject to other measures to ensure the enforcement of civil judgments as regulated by laws on civil judgment enforcement; land use rights subject to temporary urgent measures as regulated by law.
- Organizations assigned by the State to use land without land use fees for public purposes that are not for business purposes.
What are cases in which Certificates of Land Use Rights will not be issued from January 1, 2025 in Vietnam? - image from internet
What are the criteria for determining the type of land in Vietnam
Based on Article 10 of the Land Law 2024, the criteria for determining the type of land are as follows:
Determination of land types
1. The determination of land types is based on one of the following criteria:
a) Certificates of Land Use Rights; Certificates of Ownership of Residential Houses and Land Use Rights; Certificates of land use rights and ownership of houses and other land-attached assets; Certificates of land use rights and ownership of other land-attached assets;
b) Documents on land use rights as specified in Article 137 of this Law for cases where Certificates of Land Use Rights have not been issued as specified in point a above;
c) Decisions on land assignment, land lease, and permission for land use purpose conversion by competent state authorities for cases where Certificates of Land Use Rights have not been issued as specified in point a above.
In cases where there are no documents specified in Clause 1 of this Article, and in cases where the land type determined in the issued documents is different from the land classification according to the provisions of this Law or different from the current land use status, the determination of land types shall be carried out according to the regulations of the Government.
According to the above regulations, the determination of land types is based on one of the following criteria:
- Certificates of Land Use Rights;
- Certificates of Ownership of Residential Houses and Land Use Rights;
- Certificates of land use rights and ownership of houses and other land-attached assets;
- Certificates of land use rights and ownership of other land-attached assets;
- Documents on land use rights for cases where Certificates of Land Use Rights have not been issued;
- Decisions on land assignment, land lease, and permission for land use purpose conversion by competent state authorities for cases where Certificates of Land Use Rights have not been issued.
What are the types of non-agricultural land in Vietnam?
Based on Clause 3, Article 9 of the Land Law 2024, the non-agricultural land includes the following types of land:
- Residential land, including rural residential land and urban residential land;
- Office building land;
- Land used for national defense and security purposes;
- Construction project land, including land for cultural, social, healthcare, education and training, physical education and sports, science and technology, environment, meteorology, diplomacy, and other public works, or land for the headquarters of other public units;
- Non-agricultural production and business land, including:
- Industrial land, industrial clusters;
- Commercial and service land;
- Non-agricultural production base land;
- Land used for mining activities;
- Land used for public purposes, including:
- Land for transportation infrastructure;
- Land for irrigation works;
- Land for water supply and drainage works;
- Land for natural disaster prevention and control works;
- Land with historical-cultural relics, landscapes, and natural heritage;
- Land for waste treatment facilities;
- Land for energy and public lighting facilities;
- Land for postal, telecommunications, and information technology infrastructure;
- Land for residential and wholesale markets;
- Land for public entertainment, recreational activities, and community activities;
- Land used for religious activities (referred to as religious land);
- Land used for belief activities (referred to as belief land);
- Cemetery land, funeral homes, cremation facilities;
- Land for the storage of ashes;
- Specialized water surface land;
- Other non-agricultural land.
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