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)
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+ Domestic organizations assigned to manage land funds that have been revoked according to the decision of competent state authorities.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.