Legal Evidence Required for the Issuance of a Certificate of Land Use Rights

According to regulations in Article 100 of the Land Law 2013, when households or individuals use land stably and possess one of the following types of documents, they shall be granted a Certificate of Land Use Rights, Homeownership, and Other Assets Attached to Land without having to pay land levy:

- Documents on land use rights before October 15, 1993, issued by competent authorities in the process of implementing land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam;

- Temporary Certificates of Land Use Rights issued by competent state authorities or listed in the Register of Fields and Cadastral Register before October 15, 1993;

- Legal documents on inheritance, donation of land use rights, or assets attached to the land; documents on the allocation of houses of gratitude, and houses of charity attached to the land;

- Documents on the transfer of land use rights, purchase and sale of houses attached to homestead land before October 15, 1993, confirmed by the Commune People's Committee as having been used before October 15, 1993;

- Documents on the liquidation and valuation of houses attached to homestead land; documents on the purchase of state-owned houses according to legal regulations;

- Documents on land use rights issued by competent authorities under previous policies to land users (guidance mentioned in Article 15 of Circular 02/2015/TT-BTNMT);

- Other types of documents established before October 15, 1993 (guidance mentioned in Article 18 of Decree 43/2014/ND-CP).

In case there are no documents to prove the origin as mentioned above, the land user will be granted a Certificate of Land Use Rights if they fall into one of the two cases defined in Article 101 of the Land Law 2013 as follows:

- Households, individuals using land before this Law takes effect without documents specified in Article 100 of this Law, having permanent residence in the locality and directly engaging in agriculture, forestry, aquaculture, or salt production in areas with difficult socio-economic conditions, or areas with especially difficult socio-economic conditions, now confirmed by the Commune People's Committee where the land is located as users who have been using the land stably, without disputes, shall be granted a Certificate of Land Use Rights, Homeownership, and Other Assets Attached to Land without having to pay land levy;

- Households, individuals using land without the documents specified in Article 100 of this Law but have been using the land stably before July 1, 2004, and not violating land laws, now confirmed by the Commune People's Committee that the land has no disputes, conforming to the land use planning, urban detailed construction planning, and rural residential area construction planning approved by competent state authorities for areas where planning exists, shall be granted a Certificate of Land Use Rights, Homeownership, and Other Assets Attached to Land.

Duy Thinh

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