Hello LawNet. Is my company allowed to sell assets attached to land which is leased by the State with annual rental payment? If allowed, what are the procedures therefor? This is the question of Ms. Thu Huyen in Dong Nai sent to LawNet.
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).
Decree No. 01/2017/ND-CP of Vietnam’s Government, with several provisions regarding the issuance of land use right certificates, has overcome difficulties and reformed administrative procedures in the issuance of land use right certificates. Many types of land whose transactions are conducted through handwritten documents and land allocated without proper authorization are now considered for the issuance of land use right certificates. Moreover, a notable aspect of Decree No. 01/2017/ND-CP is the legalization and issuance of land use right certificates for individuals who bought and sold houses or land using handwritten documents from July 01, 2004, to before January 01, 2008.
Certificate of land use right (colloquially called "red book" due to the red covers) is a legally valid document that establishes the relationship between the state and the land user regarding rights and obligations in land use. A closely related term is the house ownership certificate (commonly known as the "pink book"). Unlike most countries in the world, the Constitution of Vietnam stipulates the regime of collective land ownership, with the state being the sole and absolute representative subject of land ownership rights.
In Vietnam, to prove the lawful land use and ownership rights for residential land, people often refer to the certificate of land use rights and ownership of houses and other land-attached assets (referred to as the certificate). However, in reality, there are many types of documents that also have the significance of proving these rights, specifically as follows:
This is the content specified in Article 64 of the Land Law 2013 of Vietnam and detailed in Decree No. 01/2017/ND-CP of Vietnam’s Government. According to regulations, the land user fails to fulfill their financial obligations shall have the land reclaimed, specifically as follows:
The Ministry of Natural Resources and Environment of Vietnam issued Circular No. 33/2017/TT-BTNMT elaborating Decree No. 01/2017/ND-CP on amendments to certain decrees that govern the implementation of the Land Law.
How to handle the rights and obligations of the parties involved in the lease or mortgage of a land parcel upon the government's land expropriation? Please refer to the provisions in Clause 28 Article 2 of Decree No. 01/2017/ND-CP of Vietnam’s Government.
According to Vietnam’s regulations, a religious establishment shall be allocated land by the State without land use levy for a certain period of time. Upon the expiration of this period, the religious establishment must apply for an extension to continue using the land.
Is the case where the additional area of land is acquired through transfer, inheritance or donation of a land use right for which a certificate has been issued and the actual boundaries have changed compared to the boundaries of the land parcels at the time of having land use right documents eligible for the issuance of certificate of land use right, which includes the additional area of land? How are the procedures according to Vietnam’s regulations? Please follow the article to find the answer.
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;