Types of documents related to land use rights in Vietnam under the Land Law 2013

Types of documents related to land use rights in Vietnam under the Land Law 2013 (Illustration)

According to Article 100 of the Land Law 2013, households and individuals currently using land stably who wish to be granted a Certificate of Land Use Rights, Ownership of Residential Housing, and Other Assets Attached to Land without paying land levy must possess one of the following documents:

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

2. Temporary land use rights certificates issued by competent state agencies or listed in the Land Registration Books or Cadastral Register before October 15, 1993;

3. Legal documents on inheritance, gifting land use rights or assets attached to land; documents on house allocation for meritable houses and charitable houses attached to land;

4. Documents on land use right transfer, purchase of residential houses attached to homestead land before October 15, 1993, confirmed by the commune-level People’s Committee as being used before October 15, 1993;

5. Documents on liquidation and pricing of houses attached to homestead land; documents on purchasing houses under state ownership as prescribed by law;

6. Documents on land use rights issued by competent authorities under previous policies to land users;

7. Other types of documents established before October 15, 1993, as prescribed by the Government of Vietnam.

Specifically, according to Article 18 of Decree 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law, the following documents constituted before October 15, 1993, which bear the name of the land user, include:

- Land inventory register and cadastral book established before December 18, 1980;

- One of the documents compiled during the process of land registration according to Directive 299-TTg on land surveying, classification, and registration nationwide, managed by state agencies, including:

+ Minutes of the Land Registration Council's approval at the commune level determining the legal land user;

+ A summary report on legal land usage cases compiled by the commune-level People’s Committee or the Land Registration Council at the commune level or land management agencies at the district or provincial levels;

+ Application for land use rights registration in case there is no Approval Minutes of the Land Registration Council at the commune level or the Summary Report on legal land usage cases compiled by the commune-level People’s Committee or the Land Registration Council at the commune level or land management agencies at the district or provincial levels. If there is a discrepancy between the application time and the confirmation time, the earliest recorded time in the application shall be considered;

+ Documents certifying land use rights registration by the commune, district, or provincial People’s Committee to land users;

+ Documents on house registration confirmed by the commune, district, or provincial People’s Committee, mentioning the land area containing houses;

- Documents from the defense unit allocating land to officers and soldiers for residential use before October 15, 1993, under Directive 282/CT-QP, provided such land allocation complies with the housing land use planning for officers and soldiers under the approved defense land planning;

- Projects or lists or documents on resettlement and the establishment of new economic areas approved by the district, provincial People’s Committee, or competent state authority;

- Documents from state agricultural and forestry farms allocating land to workers in such farms for residential purposes (if any);

- Documents mentioning ownership rights over houses, constructions; on constructing and repairing houses, constructions certified or permitted by the district or provincial People’s Committee or state management agencies related to houses and constructions;

- Provisional land allocation documents from district or provincial People’s Committees; Applications for land use approved by the commune-level People’s Committee or agricultural cooperatives before July 1, 1980, or approved by the district or provincial People’s Committees;

- Documents from competent state agencies allocating land to organizations for distributing to staff for self-constructed residential purposes or building houses for allocation to staff using non-state budget funds or through staff contributions. If construction is funded by the state budget, such housing funds must be handed over to local housing management agencies for management and business as regulated by law.

Note: In cases where the original copies of said documents are lost and the state agency no longer retains the management records for issuing such documents, certified copies from the district or provincial People’s Committees or specialized management agencies at the district or provincial levels can be submitted.

>>> See more: Summary of Document Types Allowing Citizens Issuance of land use right certificates

Le Vy

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