Vietnam: Documents equivalent to the Land Use Right Certificate

In Vietnam, to prove the lawful land use and ownership rights for residential land, people often refer to the certificate of land use rights and ownership of houses and other land-attached assets (referred to as the certificate). However, in reality, there are many types of documents that also have the significance of proving these rights, specifically as follows:

- The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

- Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

- Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

- The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

- The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

- The document on land use rights issued by a competent authority of the former regime to land users;

- Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

Other types of documents established before October 15, 1993, according to the government's regulations include:

- Land registers and field establishment registers made before December 18, 1980.

- One of documents made during the process of land and field registration under the Prime Minister’s Directive No. 299-TTg of November 10, 1980, on survey, classification and statistical registration of land and fields nationwide under the management of state agencies, including:

+ Minutes of approval of commune-level land and field registration councils, determining that the current land use is lawful;

+ Lists of lawful land use cases made by commune-level People’s Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies;

+ The letter of application for registration of land use right in the absence of the documents defined above;

+ The documents on the communal, district-level or provincial People's Committee’s certification of registration of the land user’s land use right;

+ The documents on housing declaration, which bears the confirmation of the communal, district-level or provincial People's Committee and describes the land area on which such housing is built;

+ The documents on national defense units’ allocation of housing land to officials and soldiers before the 15, October 1993 pursuant to the Directive No. 282/CT-QP dated July 11, 1991 by the Minister of National defense provide that such allocation accorded with the plan of housing land for officials and soldiers in the national defense land plan approved by competent authorities.

- Projects or lists or documents on emigration of people to build new economic zones or for resettlement approved by district- or provincial-level People’s Committees or competent state agencies.

- Documents of state-run agricultural and forest farms on allocation of land to workers of these farms for building their houses (if any).

- Documents having contents on ownership of houses and works; building and repair of houses and works certified or permitted by district- or provincial-level People’s Committees or state management agencies in charge of houses and construction.

- Documents on temporary allocation of land by district- or provincial-level People’s Committees; written requests for land use approved by commune-level People’s Committees or agricultural cooperatives before July 01, 1980, or approved by district- or provincial-level People’s Committees.

- Documents issued by competent state agencies on allocation of land to agencies and organizations for arrangement of land parcels to their officials, workers and employees for building houses on their own or for building houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees. In case of building houses with state budget funds, built houses shall be handed over to local housing management agencies for management and trading in accordance with law.

- Copies of the above-mentioned documents must have certification of district- or provincial-level People’s Committees or specialized management agencies in case the original documents are lost and state agencies no longer preserve dossier of management of the grant of such documents.

- Ngoc Duyen -

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