Regulations on issuance of Land Use Right (LUR) Certificate for ultra vires allocated land in Vietnam

Regulations on issuance of Land Use Right (LUR) Certificate for ultra vires allocated land in Vietnam

1. Cases of allocation of land ultra vires in Vietnam

As prescribed in Clause 1 Article 23 of the Decree 43/2014/NĐ-CP, cases of allocation of land ultra vires in Vietnam include:

- Cases of allocation of land ultra vires to households and individuals specified in this Article include cases in which heads of residential quarters or commune-level People’s Committees allocated land ultra vires under the land law in different periods.

- Cases in which organizations that are allocated or leased land by the State for use distributed or arranged such land to their officials, workers, employees or members for use for housing and other purposes.

2. Regulations on issuance of Land Use Right (LUR) Certificate for ultra vires allocated land in Vietnam

Pursuant to Clause 2, 3, 4 and 6 Article 23 of the Decree 43/2014/NĐ-CP (amended by Clause 19 Article 2 of the Decree 01/2017/NĐ-CP stipulating regulations on issuance of Land Use Right (LUR) Certificate for ultra vires allocated land in Vietnam as follows:

2.1 In case land allocated ultra vires has been stably used since before October 15,1993

In case land allocated ultra vires has been stably used since before October 15,1993, is dispute-free and conformable with land use master plans, current land users may be granted certificates of land use rights and ownership of houses and other land-attached assets for allocated land areas under Clause 1, Article 20 of this Decree 43/2014/NĐ-CP.

- As prescribed in Clause 4 Article 103 of the Land Law 2013, if the land parcel is smaller than the prescribed residential land recognition quota of the locality, the residential land area must be determined as the whole area of the land parcel.

If the land parcel is larger than the prescribed residential land recognition quota of the locality, the residential land area shall be determined equal to the residential land recognition quota of the locality.

For a land parcel with houses which is larger than the residential land recognition quota, the residential land area to be recognized must be equal to the residential land recognition quota. In case the land area for construction of houses and works for daily life is larger than the residential land recognition quota, the actual construction area shall be recognized as residential land area;

- For a land parcel with construction works for production, commercial activities or provision of non-agricultural services, the actual construction area shall be recognized as land of non-agricultural production establishments, commercial or service land. 

The form of land use shall be recognized as land allocation with land use levy for stable and long-term use;

- For a land parcel with both houses and construction works for production, commercial activities or provision of non-agricultural services which is larger than the residential land allocation quota, the residential, non-agricultural production, commercial or service land area shall be recognized in accordance with the law.

Land areas remaining after the determination as construction works for production, commercial activities or provision of non-agricultural services shall be determined in accordance with law.

Land areas (residential land area, construction works for production, commercial activities or provision of non-agricultural services) remaining after the determination in accordance with law shall be recognized as agricultural land in accordance with the law.

2.2 In case land allocated ultra vires has been stably used since before October 15, 1993, to before July 1, 2004

- For land allocated ultra vires, which is conformable with approved land use master plans and is not involved in any land use dispute, has been stably used since before October 15, 1993, to before July 1, 2004, their land use rights and ownership of houses and other land-attached assets may be recognized in accordance with Clause 2 Article 20 of the Decree 43/2014/NĐ-CP as follows:

+ For a land parcel with houses which is smaller than or equal to the residential land allocation quota prescribed in Clause 2, Article 143, and Clause 4, Article 144 of the Land Law 2013, the whole area of the land parcel shall be recognized as residential land.

For a land parcel with houses which is larger than the residential land allocation quota, the residential land area to be recognized must be equal to the residential land allocation quota. 

In case the land area for construction of houses and works for daily life is larger than the residential land allocation quota, the actual construction area shall be recognized as residential land area;

+ For a land parcel with construction works for production, commercial activities or provision of non-agricultural services, the actual construction area shall be recognized as land of non-agricultural production establishments, commercial or service land under Point 2.1;

+ For a land parcel with both houses and construction works for production, commercial activities or provision of non-agricultural services which is larger than the residential land allocation quota, the residential, non-agricultural production, commercial or service land area shall be recognized under this Clause;

+ Land areas (residential land area, construction works for production, commercial activities or provision of non-agricultural services) remaining after the determination in accordance with law shall be recognized as agricultural land in accordance with the law.

- For land parcels with gardens and ponds associated with houses or other construction works, the remaining areas without houses and other construction works shall be determined as agricultural land according to the current use status

Land users that wish to change their use to non-agricultural purposes shall carry out procedures for land use purpose change.

2.3 In case land allocated ultra vires has been stably used since before July 1, 2004

A household or an individual that has been stably using land, owning houses and other land-attached assets since before July 1, 2004, may have its/his/her land use rights recognized as follows:

- It is not involved in any land use dispute

- It is conformable with approved land use master plans at the time of issuance of Cetificate

*Note:

- Land users, that are granted with LUR and ownership of houses and other land-attached assets as prescribed in Point 21 and 2.2, shall also carry out financial obligations in accordance with the Law

3. Cases of not grant LUR for land allocated ultra vires in Vietnam

As prescribed in Clause 5 Article 23 of the Decree 43/2014/NĐ-CP, the State shall not grant certificates of land use rights and ownership of houses and other land-attached assets for and shall recover all land areas allocated or leased ultra vires on and after July 1, 2014.

Quoc Dat

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