Newest guidelines for issuance of Certificate of land use rights, ownership of property affixed to the land in case property is housing in Vietnam

Newest guidelines for issuance of Certificate of land use rights, ownership of property affixed to the land in case property is housing in Vietnam (Internet image)

On January 18, 2024, the National Assembly of Vietnam issued the Land Law 2024.

Newest guidelines for issuance of Certificate of land use rights, ownership of property affixed to the land in case property is housing in Vietnam

Article 148 of the Land Law 2024 stipulates the issuance of Certificate of land use rights, ownership of property affixed to the land in case property is housing in Vietnam as follows:

- Households and individuals owning residential properties are issued certificates of land use rights, ownership of assets attached to land when having one of the following documents:

+ A residential construction permit or a temporary residential construction permit, in cases where construction permits are required by construction law;

+ A contract of buying residential property owned by the state as stipulated in Decree 61-CP dated July 5, 1994, or documents of liquidation, pricing state-owned residential property before July 5, 1994;

+ Documents on the allocation or donation of gratitude houses, charity houses, unity houses;

+ Documents of residential property ownership issued by competent authorities over various periods where such land property is not under the category of state-established public ownership as per Resolution 23/2003/QH11 and Resolution 755/2005/NQ-UBTVQH11 on resolving specific cases regarding the use of land and houses under state management and socialist renovation policies before July 1, 1991;

+ Purchase or donation receipts or exchange documents or inheritance certificates for residential property attested by notarial services or authenticated by the competent People's Committee, applicable to transactions before July 1, 2006.

In cases where residential properties are bought, donated, exchanged, or inherited from July 1, 2006, onwards, they must have transaction documents conforming to housing law.

In cases where residential properties are purchased from real estate enterprises investing in construction for sale, a contract signed by both parties must be provided;

+ Legal judgments or decisions by courts or documents from competent state authorities confirming housing ownership;

+ One of the documents specified in points a to e of Clause 1, Article 148 of the Land Law 2024, where the document bears another person's name but is uncontested.

- In cases where households and individuals have residential properties prior to July 1, 2006, without documents specified in Clause 1, Article 148 Land Law 2024 and they are not contested, they are entitled to certificates of land use rights and ownership of assets attached to land.

- Households and individuals owning residential property not specified in Clauses 1 and 2, Article 148 Land Law 2024 and not requiring a construction permit, are entitled to certificates of land use rights and ownership of assets attached to land; properties requiring construction permits must obtain a certificate confirming compliance from district-level construction management authorities based on construction law.

- Domestic organizations, economic entities with foreign-invested capital, overseas Vietnamese, investing in building houses for business with appropriate documents as per housing laws, are entitled to certificates of land use rights and ownership of assets attached to land.

In cases of buying, receiving donations, inheritance, or other legal means of owning residential property, they must provide documents about the transaction in conformity with the law.

- Should the house owner not have land use rights over the residential parcel, the issuance of land use rights, ownership of assets attached to land will be as follows:

+ For foreign organizations or individuals owning residential properties in Vietnam, transaction documents in accordance with housing laws are required;

+ For house owners according to housing law not covered under point a Clause 5 Article 148 Land Law 2024, documents proving ownership as stipulated in Article 148 Land Law 2024 and a lease contract, capital contribution agreement, business cooperation contract, or notarized consent from the land-user for house construction are mandatory.

- In cases of multi-purpose constructions as per the law created on residential land, certificates of land use rights and ownership of the designated parts or whole of the construction will be issued; the land use period shall be perpetual.

For further information, refer to the Land Law 2024, which comes into force in Vietnam from August 1, 2024, except as specified in Clauses 2 and 3, Article 252 Land Law 2024.

The Land Law 2013 will be repealed upon the efficacy start date of the Land Law 2024.

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