What are supplementary cases of revocation of land use right certificates according to the Law on Land in 2024 in Vietnam?

What are supplementary cases of revocation of land use right certificates according to the Law on Land in 2024 in Vietnam?

According to Clause 2, Article 106 of the Law on Land in 2013, there are four cases of revocation of issued land use right certificates, including:

- The State recovers the whole land area indicated on the granted certificate;

- The granted certificate is renewed;

- The land user or owner of the land-attached assets registers for a change of land or land- attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;

- The existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.

In addition to the cases of revocation of issued land use right certificates under the Law on Land in 2013, the Law on Land in 2024 (effective from January 1, 2025) supplements specific cases for revocation under Article 152, including:

- The court with jurisdiction declares the issued certificate null and void.

- In cases where the land use right or associated property is auctioned or transferred as required by the court, the enforcement agency may revoke the certificate if the recipient fails to submit it.

What are supplementary cases of revocation of land use right certificates according to the Law on Land in 2024 in Vietnam? - image from internet

What are cases in which provincial-level People’s Committee in Vietnam may decide on land expropriation?

According to Article 66 of the Law on Land in 2013, the competence to recover land is stipulated as follows:

Competence to recover land

1. Provincial-level People’s Committee may decide on land expropriation in the following cases:

a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;

b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.

2. District-level People’s Committees may decide on land expropriation in the following cases:

a/ Recovery of land from households, individuals and communities;

b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.

3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.

As regulations above, provincial-level People’s Committee in Vietnam may decide on land expropriation in the following cases:

- Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case of recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam;

- Recovery of agricultural land which is part of the public land funds of communes, wards or townships.

When does a land user in Vietnam meet the requirements for grant of certificate of land use rights but is not issued one?

Pursuant to Clause 6 Article 19 of the Decree 43/2014/ND-CP stipulating entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets:

Entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets

1. Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.

2. Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or townships.

3. Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.

4. Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.

5. Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.

6. Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.

7. Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.

As regulations above, land users, that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies, are not eligible for grant of certificates of land use rights.

Therefore, those who meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies are not eligible for grant of certificates of land use rights.

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