Provisions on the authority for issuing Certificates of land use rights according to the Land Law 2024 in Vietnam

Provisions on the authority for issuing Certificates of land use rights according to the Land Law 2024 in Vietnam​ (Image from the internet)

Provisions on the authority for issuing Certificates of land use rights according to the Land Law 2024 in Vietnam

The following are the regulations on the authority to issue certificates of land use rights, ownership of assets attached to land according to Article 136 of the Land Law 2024:

- The authority to issue land use rights certificates, ownership of assets attached to land for the first-time registration cases that require the issuance of such certificates, and the cases specified at point b, clause 7, Article 219 of the Land Law 2024 is executed as follows:

+ The provincial People's Committee issues certificates of land use rights, and ownership of assets attached to land for land users, asset owners attached to land as stipulated in clauses 1, 2, 5, 6, and 7, Article 4 of the Land Law 2024.

The provincial People's Committee is authorized to delegate the land management agency of the same level to issue land use rights certificates, ownership of assets attached to land as stipulated in clause 1, Article 136 of the Land Law 2024;

+ The district-level People's Committee issues certificates of land use rights, ownership of assets attached to land for land users, asset owner attached to land as stipulated in clause 3 and clause 4, Article 4 of the Land Law 2024.

- The authority to issue certificates of land use rights, ownership of assets attached to land, and confirm changes for registered land changes is carried out as follows:

+ The land registration organization performs registration for land users, asset owners attached to land being domestic organizations, religious organizations, subordinate religious organizations, foreign organizations with diplomatic functions, economic organizations with foreign investment; issues certificates of land use rights, ownership of assets attached to land for asset owners attached to land being foreign organizations, foreign individuals;

+ A branch of the land registration organization or the land registration organization itself performs registration for land users, asset owners attached to land being individuals, community residents, overseas Vietnamese;

+ The land registration organization and its branches are permitted to use their seals to issue certificates of land use rights, ownership of assets attached to land, or confirm on the issued certificates.

Regulations on the persons accountable to the State regarding land use in Vietnam 

(1) The legal representative of domestic organizations, economic organizations with foreign investment; the head of a foreign organization with diplomatic functions regarding the land use of their organization.

(2) The Chairman of the commune-level People's Committee regarding the use of agricultural land for public utility purposes; non-agricultural land assigned to the commune-level People's Committee for the purpose of building the headquarters of the People’s Committee, public works serving cultural, educational, health, sports, play, recreation, markets, cemeteries and other public works of the commune, ward, and commune-level town; religious land, belief land not yet assigned for management, use.

(3) The representative of community residents is the village, hamlet, neighborhood, hamlet, settlement, cluster, quarter chief, or another residential point or a person agreed to be appointed by the community residents.

(4) The representative of the religious organization or subordinate religious organization regarding the land use of the religious organization or subordinate religious organization.

(5) Individuals, overseas Vietnamese regarding their land use.

(6) The person with joint land use rights or the representative for the group of people with joint land use rights regarding that land use.

(Article 6 of the Land Law 2024)

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