Vietnam: Conditions for issuance of LURC for reclaimed land

My family has a part of land that has been reclaimed before but has not been granted a LURC. Therefore, I would like to know what the conditions for issuance of LURC for reclaimed land are? - Hoang Anh (Long An, Vietnam)


Vietnam: Conditions for issuance of LURC for reclaimed land

1. What is reclaimed land?

According to previous regulations, in Clause 1, Article 2 of Vietnam's Circular 52/2014/TT-BNNPTNT, reclaimed land is land that is left fallow, other land has been planned for agricultural production approved by competent authorities.

2. Conditions for issuance of LURC for reclaimed land

* According to Article 101 of Vietnam's Land Law 2013, the conditions for granting a land use right certificate without a land use right document are as follows:

- Households and individuals using the land prior to the effective date of this Law and having none of documents prescribed in Article 100 of Vietnam's Land Law 2013 that:

+ Have a book of status of permanent residence in the locality and are directly engaged in agriculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions,

+ Are certified by the commune-level People’s Committee that the land has been used stably and dispute-free, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.

- Households and individuals using land and having none of documents prescribed in Article 100 of Vietnam's Land Law 2013 that have used land stably before July 1, 2004, with no violations of the land law and such land:

+ Is certified by the commune-level People’s Committee as dispute-free

+ Is conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

* According to Clause 4, Article 22 of Vietnam's Decree 43/2014/ND-CP, Households and individuals currently using self-reclaimed agricultural land areas which are conformable with land use master plans approved by competent state agencies and dispute-free may have their land use rights recognized by the State according to land quotas set by provincial-level People’s Committees.

They shall change to lease land areas that exceed land quotas set by provincial-level People’s Committees.

In which, the documents specified in Article 100 of Vietnam's Land Law 2013 include:

(1) Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:

- The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

- Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

- Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

- The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

- The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

- The document on land use rights issued by a competent authority of the former regime to land users;

- Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

(2) Households and individuals that are using the land and have one of the documents specified in item (1) bearing the names of other people accompanied by the documents on transfer of land use rights signed by the related parties,

However, they have not performed the procedures for the transfer of land use rights in accordance with law prior to July 14, 2014, and there is no dispute on that land, they shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.

(3)  Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement of land disputes, complaints or denunciations which was executed, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.

Thus, for reclaimed land, if it meets the prescribed conditions, it will be granted a land use right certificate.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

241 lượt xem
Related Article
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;