Bases for determining stable land use in Vietnam

Bases for determining stable land use in Vietnam (Internet image)

Regarding this issue, Lawnet would like to answer as follows:

Regulations on land used for long and stable term in Vietnam

Pursuant to Article 125 of the Land Law 2013, land users may use land for a long and stable term in the following cases:

- Residential land used by households or individuals.

- Agricultural land used by communities as prescribed in Clause 3, Article 131 of the Land Law 2013.

- Land for protection forest, for special-use forest and for production forest which are natural forests.

- Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.

- Land for construction of offices as prescribed at Point 1, Article 147 of the Land Law 2013 and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of the Land Law 2013.

- Land used for national defense or security purpose.

- Land used by religious institutions as prescribed in Article 159 of the Land Law 2013.

- Land for religious practices.

- Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.

- Land for cemeteries or graveyards.

- Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of the Land Law 2013.

Bases for determining stable land use in Vietnam

According to the provisions of Article 21 of Decree 43/2014/ND-CP and Article 11 of Decree 104/2022/ND-CP, the bases for determining stable land use in Vietnam include:

- Stable land use means consecutive use of land for a certain main purpose from the time of starting the use of land for such purpose to the time of grant of a certificate of land use rights and ownership of houses and other land-attached assets or to the time of issuance of a land recovery decision by a competent state agency in case no certificate of land use rights, certificate of house ownership and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets (below collectively referred to as certificate) has been granted.

- The time of starting the stable land use shall be determined based on the time and contents related to the land use purpose stated in one of the following documents:

+ Receipt of agricultural land use tax and house and land tax;

+ Written record or decision on sanctioning of administrative violation in land use, written record or decision on sanctioning of administrative violation in the construction of land-attached facilities;

+ Decision or judgment of a people’s court which has taken legal effect or judgment enforcement decision of a judgment enforcement agency which has been enforced regarding land-attached assets;

+ Decision of a competent state agency on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of disputing parties and certification of the commune-level People’s Committee of the locality where the disputed land is located;

+ Decision on settlement of a land use-related complaint or denunciation of a competent state agency;

citizen identity card or identity card or birth certificate; electricity, water bills and other bills showing the residential address in the registered land plot. In case it is impossible to access the residence information in the National Population Database, the certificate of residence information shall be supplemented.

+ Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land;

+ Document on purchase and sale of houses and other land-attached assets or documents on purchase and sale of land and transfer of land use rights bearing signatures of related parties;

+ Maps, registers and documents on land survey and measurement in different periods;

+ Declaration of houses and land for registration bearing the certification of the commune-level People’s Committee at the time of declaration and registration.

- In case the points of time of land use shown in the documents specified in Clause 2 of Article 21 of Decree 43/2014/ND-CP are inconsistent, the time of starting stable land use shall be determined according to the document showing the earliest date of land use.

- In case none of the documents specified in Clause 2 of Article 21 of Decree 43/2014/ND-CP is available or they do not clearly state the time of document establishment and land use purpose, there must be the commune-level People’s Committee’s certification of the time of starting land use and land use purpose based on opinions of persons who have once resided in the land by the time when the certification requester starts the land use in the residential area (village, hamlet or street quarter) where the land is located.

Nguyen Pham Nhut Tan

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