Land use rights certificates are the legal basis for exercising the rights of land users; therefore, being granted land use rights certificates for the land area that they are using is always the wish of every citizen. However, in the following 7 cases, the land user in Vietnam will not be granted a land use right certificate.
Article table of contents
Vietnam: 7 Entities ineligible for grant of certificates of land use rights 2020 (Internet image)
1. Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law 2013
In particular, the head of an organization is responsible for land management in the following cases:
- Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;
- Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;
- Organizations assigned to manage land with water surface of rivers and land with special- use water surface;
- Organizations assigned to manage the land fund recovered under decisions of competent state agencies.
2. Land users are the persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or townships.
According to Article 132 of the Land Law 2013, the agricultural land fund for public purposes of a commune, ward or township shall be used for the following purposes:
- Construction of public facilities of the locality, including facilities for culture, physical training and sports, entertainment, recreation, health, education, markets, cemeteries, graveyards and other public facilities in accordance with regulations of the provincial-level People’s Committee;
- Compensation for people whose land is used for construction of public facilities as prescribed at Point a of this Clause;
- Construction of gratitude houses and charity houses.
3. Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.
Thus, persons who lease or sub-lease land from land users are not the land users, so he or she will not be granted a land use right certificate, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.
4. Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.
In this case, essentially, the land is still under the management of the State, so the contractor will not be granted a land use right certificate.
5. Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.
6. Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.
7. Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.
Legal basis: Decree 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law 2013.
Nguyen Trinh
- Key word:
- certificates of land use rights
- Vietnam
