Proposal on changes related to the LURC in Vietnam

Proposal on changes related to the LURC in Vietnam (Internet image)

05 cases ineligible to be granted LURC in Vietnam

According to Article 144 of the revised Draft Land Law, there are 5 cases ineligible to be granted LURC in Vietnam, including:

- Land belonging to the public land fund of communes, wards, and townships.

- Land allocated for management, except for the following cases: the land allocated for use in common with the land allocated for management shall be certified for the portion of the use right according to the allocation or lease decision of a competent state agency.

- Land leased or sub-leased by land users; contracted land, except for the case of leasing or subleasing land from investors in the construction and business of infrastructure, in accordance with the investment project approved by the competent authority.

- Land has been registered in the cadastral book, but there is a decision on land recovery issued by a competent state agency, unless it has been more than 3 years since the time of the issuance of the decision on land recovery.

- Organizations and commune-level People's Committees that are allocated land by the State without a land use levy may use it for the purpose of constructing public works, including traffic works, water and petrol, oil, and gas pipelines; power transmission lines, information transmission; outdoor entertainment areas; cemeteries; and graveyards, but not for commercial purposes.

Thus, the revised Draft Land Law has brought these cases to the provisions of the Law, but there are some adjustments compared to the old regulations in Decree 43/2014/ND-CP.

Household LURC to record all members' names

The draft proposes that the household red book will include the names of all family members.

Specifically, Clause 5, Article 143 of the draft stipulates:

- In case the land plot is under the use rights of a household:

Only issue a red book with the full member's name on it and give it to the representative.

In case the Book has been issued to the representative of a household before the effective date of this Law, if the members sharing the same land use rights of the household have the need to, they shall be granted a change of the book and the full names of members who share the same land use rights.

- The identification of members who share the same land use rights as the household to write their names on the Certificate shall be agreed upon by these members, who are responsible before the law.

Currently, the red book issued to households only records the name of the household head or the representative who is a member of the household if the household head does not share the household's land use rights.

Documents as a basis for recognition of land use rights in Vietnam

According to Article 135 of the draft revised Land Law, the documents used as a basis for the recognition of land use rights for households, individuals, and communities currently using land are as follows:

- Documents on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the State of the Socialist Republic of Vietnam.

- A temporary certificate of land use right granted by a competent state agency or named in the Land Register, Cadastral Book before October 15, 1993.

- Lawful Documents on inheritance or donation of land use rights or land-attached assets; Documents for handing over houses of gratitude, houses of love attached to land.

- Documents on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People's Committee as being used before October 15, 1993.

- Documents on the liquidation and valuation of houses attached to residential land; documents for the purchase of state-owned houses as prescribed by law.

- Documents on land use rights issued by competent agencies under the old regime to land users.

- Documents proving the lawful land use rights and ownership of land-attached assets established before October 15, 1993, as prescribed by the provincial-level People's Committees.

Draft Law amending Land Law

Chau Thanh

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