When is a Certificate of Land Use Rights, Ownership of Assets Attached to Land not issued in Vietnam?
When is a Certificate of Land Use Rights, Ownership of Assets Attached to Land not issued in Vietnam?
Based on Article 151 of the Land Law 2024, the instances in which the Certificate of Land Use Rights and Ownership of Assets Attached to Land is not issued are stipulated as follows:
Article 151. Instances in which the Certificate of Land Use Rights and Ownership of Assets Attached to Land is Not Issued
- Land users will not be granted the Certificate of Land Use Rights and Ownership of Assets Attached to Land in the following instances:
a) Agricultural land used for public-utility purposes as stipulated in Article 179 of this Law;
b) Land allocated for management falling under the cases defined in Article 7 of this Law, except where land is allocated for shared use with land allocated for management, then the Certificate of Land Use Rights and Ownership of Assets Attached to Land is issued for the area of land used according to the decision of land allocation, land lease by the competent state authority;
c) Land rented or sub-rented from other land users, except in cases of leasing, sub-leasing land from the investor who constructs infrastructure suitable to the investment project approved by the competent authority;
[...]
The Certificate of Land Use Rights and Ownership of Assets Attached to Land is not issued in the following cases:
[1] Agricultural land used for public-utility purposes
[2] Land allocated for management in the following situations:
- Domestic organizations assigned to manage public works and safety protection corridors of works according to legal regulations
- Domestic organizations assigned to manage land containing water of rivers and specialized water surface land
- Domestic organizations assigned to manage reclaimed land according to a decision of the competent state authority
- Economic organizations assigned to manage land area for implementation of investment projects as per legal regulations.
Note: Except in cases where land is allocated for shared use with land allocated for management, the Certificate of Land Use Rights and Ownership of Assets Attached to Land is issued for the area of land used according to the decision of land allocation, or land lease by the competent state authority
[3] Land rented, sub-rented from other land users
Except for leasing, sub-leasing land from an investor in infrastructure business construction, suitable to the investment project approved by the competent authority
[4] Contracted land
Except in cases where land use rights are recognized for individuals currently using agricultural, forestry land, which originates from land allocated, contracted, leased, or borrowed from state-owned agricultural or forestry enterprises before February 1, 2015, under the form of the state allocating land without collection of land levy for areas currently in use, but not exceeding the agricultural land allocation limit for individuals, with land use tenure starting from the date of issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land
[5] Land that has a decision on land recovery by the competent state authority, except where more than 3 years have passed from the time of the land recovery decision without execution
[6] Land under dispute, being distrained, or subject to other measures to ensure the enforcement of judgments as per laws on civil enforcement; land use rights applying emergency temporary measures as per the law
[7] Organizations to which the state allocates land without a land levy to use for public purposes not intended for business
When is a Certificate of Land Use Rights, Ownership of Assets Attached to Land not issued in Vietnam? (Image from Internet)
What are prohibited acts in the field of land in Vietnam?
Based on Article 11 of the Land Law 2024, the following acts are prohibited in the field of land:
- Encroach upon, occupy, or destroy land.
- Violate legal regulations on state management of land.
- Violate land-related policies concerning ethnic minorities.
- Abuse one's position or power to contravene legal regulations on land management.
- Fail to provide information or provide inaccurate land information, not meeting the deadline requirements as per the law.
- Fail to prevent or handle legal violations regarding land.
- Fail to conform to legal provisions when exercising land users' rights.
- Use land or engage in transactions regarding land use rights without registration with the competent authority.
- Fail to fulfill or inadequately fulfill financial obligations to the state.
- Obstruct or impede the use of land or the exercise of land users' rights according to the law.
- Discriminate based on gender in land management and use.
What are citizens' rights regarding land in Vietnam?
Based on Article 23 of the Land Law 2024, citizens' rights regarding land are defined as follows:
- Participate in constructing, contributing, and supervising the completion and implementation of policies and laws on land.
- Participate in state management, contribute, discuss, and make petitions or reflect with state agencies on land management and use.
- Rights to equality, gender equality in land management and use.
- Participate in land use rights auctions, tender for selecting investors to implement projects using land as per the law; request the state to allocate land or lease land without land use rights auctions or without tender selection of investors for projects using land as per the law.
- Receive transfers, gifts, inheritance, contribute capital, rent land use rights; buy, sell, or transfer shares, capital contributions representing the value of land use rights as per the law.
- Exercise land users' rights
