Can a piece of land have multiple land use right certificates in Vietnam?

What is a land use rights certificate? Who is it issued to?

According to Clause 21, Article 3 of the Land Law 2024, the land use rights certificate is a legal document that the State uses to confirm the legal land use rights and ownership of assets attached to the land for the person who has the right to use the land, and the right to own assets attached to the land.

The land use rights certificate is issued to the person who has the right to use the land, and the owner of assets attached to the land when they have the need and meet the conditions for issuance. If a land user is using multiple agricultural parcels within the same commune, ward, or commune-level town and requests it, they can be issued a common land use rights certificate for those parcels.

Can a piece of land have multiple land use right certificates in Vietnam?

In principle, the land use rights certificate is only issued per parcel to the person who has the right to use the land, and the owner of assets attached to the land who meets the requirements under the regulations, so a piece of land cannot have multiple land use rights certificates for multiple users. However, in the case where the land has multiple co-users as stipulated in Clause 2, Article 135 of the Land Law 2024, a land use rights certificate must be issued to each person.

Thus, only in the case of joint ownership as mentioned above, can a piece of land have multiple land use rights certificates issued to multiple individuals, which is still in accordance with legal regulations. However, the issuance of multiple books will not apply to the following cases:

- If a parcel has multiple co-users of the land, or multiple co-owners of assets attached to the land, but they request it, only one land use rights certificate is issued and given to the representative.

- If a parcel is under the land use rights of a household, only one land use rights certificate is issued (listing all household members sharing the land use rights) and given to the representative. If those members request it, one land use rights certificate is issued with the household representative's name on it and given to the household representative.

- If the land use rights and ownership of assets attached to the land are joint assets of a husband and wife, both husband and wife’s names are to be recorded in the book, unless the husband and wife agree to have one person listed as the representative.

Timing for issuance of the land use rights certificate under latest regulations in Vietnam

Clause 3, Article 135 of the Land Law 2024 stipulates that the land use rights certificate is only issued after the land user, owner of assets attached to the land, completes the financial obligations as prescribed by law, except for cases:

(1) When the land user, the owner of assets attached to the land, is not required to fulfill financial obligations or is exempt or has deferred financial obligations, the land use rights certificate is issued after the competent authority verifies this.

(2) In the case of leasing land and paying annual land rent, the land use rights certificate is issued after the competent authority issues a decision for the land lease and signs the lease contract.

(3) If the land use rights are donated under any of the following situations, the State is responsible for allocating funds to carry out surveying, adjustment, updating cadastral records, and issuing the land use rights certificate to the land user according to regulations:

- Donating land use rights to the State;

- Donating land use rights to the community for the construction of projects serving community benefits or for the expansion of roads according to planning;

- Donating land use rights to build charitable houses, humanitarian houses, solidarity houses connected to the land.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE