Is the land register the basis for issuing land use right certificates in Vietnam?

12:33, 11/07/2024

Mr. Tran Van Ngoc asked the following question: In 1996, my family was granted a land use right certificate with a limit of 200m2 for residential land and the remaining 800m2 for garden land. At that time, there were no regulations on the type of land specified on the documents according to the land law. Now, the limit for residential land has increased to 400m2, and my family's name is listed in the land register book signed by the commune People's Committee in 1986 for 500m2 of residential land. Now I want to request the change of land use purpose from garden land to residential land for 300m2. Do my family have to pay for land use in Vietnam?

Lawnet would like to respond to your inquiry as follows:

The land registration book is one of the documents stipulated in Clause 1, Article 50 of the Land Law 2003; Clause 1, Article 100 of the Land Law 2013.

Based on the regulations in Article 103 of the Land Law 2013, if the land registration book identifies the homestead land area as 500m², it will be recognized as 500m² of homestead land when issuing the land use rights certificate (QSDĐ). Therefore, if only 200m² is recognized according to the limit, one may request to revoke and reissue the land use rights certificate based on Point d, Clause 2, Article 106 of the Land Law 2013.

According to the regulations in Clause 2, Article 5 of Decree 45/2014/ND-CP, in the case of applying for a change in land use purpose, one must pay the land levy difference calculated as (price of homestead land - price of agricultural land) x adjustment coefficient x area of land for which the purpose is being changed.

The land price and land price adjustment coefficient are determined by the People's Committee of the province in Vietnam, with each province and locality having different land price adjustment coefficients as specified in Clause 3, Article 3 of Decree 45/2014/ND-CP.

Linh Trang

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