Vietnam: Bases for determining stable land use when issuing the certificate of land use rights in 2020

Vietnam: Bases for determining stable land use when issuing the certificate of land use rights in 2020 (Internet image) 

According to Clause 1, Article 21 of Decree 43/2014/ND-CP, stable land use means consecutive use of land for a certain main purpose from the time of starting the use of land for such purpose to the time of grant of a certificate of land use rights and ownership of houses and other land-attached assets or to the time of issuance of a land recovery decision by a competent state agency in case no certificate of land use rights, certificate of house ownership and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets (below collectively referred to as certificate) has been granted.

This Decree also stipulates that the time of starting the stable land use shall be determined based on the time and contents related to the land use purpose stated in one of the following documents:

- Receipt of agricultural land use tax and house and land tax;

- Written record or decision on sanctioning of administrative violation in land use, written record or decision on sanctioning of administrative violation in the construction of land-attached facilities;

- Decision or judgment of a people’s court which has taken legal effect or judgment enforcement decision of a judgment enforcement agency which has been enforced regarding land-attached assets;

- Decision of a competent state agency on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of disputing parties and certification of the commune-level People’s Committee of the locality where the disputed land is located;

- Decision on settlement of a land use-related complaint or denunciation of a competent state agency;

- Document for registration of permanent residence or long-term temporary residence in a residential land-attached house; identity card or birth certificate, and electricity and water charge bills and other receipts bearing the house address at the registered land parcel;

- Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land;

- Document on purchase and sale of houses and other land-attached assets or documents on purchase and sale of land and transfer of land use rights bearing signatures of related parties;

- Maps, registers and documents on land survey and measurement in different periods;

- Declaration of houses and land for registration bearing the certification of the commune-level People’s Committee at the time of declaration and registration.

Note: In case the points of time of land use shown in the documents specified in Clause 2 of this Article are inconsistent, the time of starting stable land use shall be determined according to the document showing the earliest date of land use.

In case none of the documents specified in Clause 2 of this Article is available or they do not clearly state the time of document establishment and land use purpose, there must be the commune-level People’s Committee’s certification of the time of starting land use and land use purpose based on opinions of persons who have once resided in the land by the time when the certification requester starts the land use in the residential area (village, hamlet or street quarter) where the land is located.

Nguyen Trinh

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