07 cases ineligible for issuance of certificates of land use rights in Vietnam from August 1, 2024

07 cases ineligible for issuance of certificates of land use rights in Vietnam from August 1, 2024 (Internet image)

1. 07 cases ineligible for issuance of certificates of land use rights in Vietnam from August 1, 2024

The land user shall not be issued a Certificate of land use rights, ownership of house and other property affixed to the land in the following cases in Vietnam:

(1) Agricultural land used for public purposes according to the provisions of Article 179 of the Land Law 2024;

(2) Land allocated for management under the cases specified in Article 7 of the Land Law 2024, except in cases where the land is allocated for joint use with the land assigned for management, the Certificate of land use rights, ownership of house and other property affixed to the land shall be issued for the land area used according to the land allocation decision or land lease decision of the competent state authority;

(3) Leased land, sub-leased land from land users, except for cases of leasing, subleasing land from investors building business infrastructure, suitable with the investment project approved by the competent authority;

(4) Contracted land, except for cases of recognition of land use rights specified at point a, clause 2, Article 181 of the Land Law 2024;

(5) Land subjected to recovery decisions of competent state authorities, except for cases where over 03 years have passed since the land recovery decision without implementation;

(6) Land under dispute, under seizure, subject to other measures to ensure judgment enforcement as prescribed by the law on civil judgment enforcement; land use rights under a temporary urgent measure as prescribed by law;

(7) Organizations allocated land by the State without collecting land use levy for public purposes not aimed at business purposes.

(Clause 1, Article 151 of the Land Law 2024)

2. 06 cases of property affixed to the land ineligible for issuance of certificates of land use rights in Vietnam from August 1, 2024

According to clause 2 of Article 151 of the Land Law 2024, property affixed to the land shall not be issued a Certificate of land use rights, ownership of house and other property affixed to the land in the following cases:

(1) Properties attached to land where the parcel containing such properties falls under cases where no Certificate of land use rights, ownership of house and other property affixed to the land is issued as specified in clause 1, Article 151 of the Land Law 2024 or fails to meet the conditions for issuance of such Certificate;

(2) Houses or construction works built temporarily during the construction period of the main works or built temporarily with materials like bamboo, thatch, leaves, soil; auxiliary works located outside the main works area intended to serve the management, use, and operation of the main works;

(3) Properties attached to land where a notice or decision on clearance or land recovery decision by competent state authorities exists, except for cases where over 03 years have passed since such notices or decisions without implementation;

(4) Houses, constructions built after the announcement of construction prohibition, encroaching on protection boundaries of ranked technical infrastructure works, historical-cultural sites; properties attached to land established after the date of approval of the planning by the competent authority that the established properties do not conform to the approved planning at the time of issuing the Certificate of land use rights, ownership of house and other property affixed to the land, except for cases where the house owners, construction owners of non-residential constructions under the provisions of Article 148 and Article 149 of the Land Law 2024 possess limited-term construction permits according to the law on construction;

(5) Properties owned by the State, except in cases where properties have been identified as part of the State's contribution to enterprises according to guidance from the Ministry of Finance;

(6) Properties attached to land not falling under the cases specified in Article 148 and Article 149 of the Land Law 2024.

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