In order to assist Customers and Members in understanding Vietnam’s current regulations regarding land, LawNet has compiled a comprehensive list of all the types of documents that, when possessed, entitle individuals to obtain a Land Use Right Certificate (colloquially called "red book" due to the red covers).
Article table of contents
Specifically, according to Vietnam’s current regulations regarding land, an individual or a household that possess one of the following documents shall be granted the certificates of land use rights and ownership of houses and other land-attached assets:
- 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;
- Documents related to land use rights issued by Republic of Vietnam's (RVN) government, such as cadastral documents, agreements for sale, donation, exchange, inheritance of house and land, wills, inheritance division contracts, licenses for house construction or legalization of architectures, court judgements, etc... and other documentary evidence of obtainment of the house or land thereof recognized by the People's Committee of the province where the homestead land is located.
Other types of documents established before October 15, 1993, according to the government's regulations include:
- Land registers and field establishment registers made before December 18, 1980.
- One of documents made during the process of land and field registration under the Prime Minister’s Directive No. 299-TTg of November 10, 1980, on survey, classification and statistical registration of land and fields nationwide under the management of state agencies, including:
+ Minutes of approval of commune-level land and field registration councils, determining that the current land use is lawful;
+ Lists of lawful land use cases made by commune-level People’s Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies;
+ The letter of application for registration of land use right in the absence of the documents defined above;
The date of the letter of application for registration of land use right shall be the date of filing or the date of validation, if the dates are different, whichever is earlier;
+ + The documents on the communal, district-level or provincial People's Committee’s certification of registration of the land user’s land use right;
+ The documents on housing declaration, which bears the confirmation of the communal, district-level or provincial People's Committee and describes the land area on which such housing is built;
+ The documents on national defense units’ allocation of housing land to officials and soldiers before the 15, October 1993 pursuant to the Directive No. 282/CT-QP dated July 11, 1991 by the Minister of National defense provide that such allocation accorded with the plan of housing land for officials and soldiers in the national defense land plan approved by competent authorities.
- Projects or lists or documents on emigration of people to build new economic zones or for resettlement approved by district- or provincial-level People’s Committees or competent state agencies.
- Documents of state-run agricultural and forest farms on allocation of land to workers of these farms for building their houses (if any).
- Documents having contents on ownership of houses and works; building and repair of houses and works certified or permitted by district- or provincial-level People’s Committees or state management agencies in charge of houses and construction.
- Documents on temporary allocation of land by district- or provincial-level People’s Committees; written requests for land use approved by commune-level People’s Committees or agricultural cooperatives before July 01, 1980, or approved by district- or provincial-level People’s Committees.
- Documents issued by competent state agencies on allocation of land to agencies and organizations for arrangement of land parcels to their officials, workers and employees for building houses on their own or for building houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees. In case of building houses with state budget funds, built houses shall be handed over to local housing management agencies for management and trading in accordance with law.
- Copies of the documents specified in Article 100 of the Land Law of Vietnam and the documents specified in Clauses 2, 3, 4, 5, 6 and 7 Article 18 of Decree No. 43/2014/ND-CP must have certification of district- or provincial-level People’s Committees or specialized management agencies in case the original documents are lost and state agencies no longer preserve dossier of management of the grant of such documents.
- Households and individuals that are using the land and have one of the documents specified above bearing the names of other people accompanied by the documents on transfer of land use rights signed by the related parties, but have not performed the procedures for the transfer of land use rights in accordance with law prior to the effective date of this Law, and there is no dispute on that land, 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 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.
- Households and individuals using land that is allocated or leased by the State from October 15, 1993, to the effective date of this Law and have not been granted a certificate, 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.
Legal basis:
Nguyen Trinh
