Cases in which a Certificate of land use rights and ownership of property affixed to the land is not issued under the Land Law 2024 in Vietnam

Cases in which a Certificate of land use rights and ownership of property affixed to the land is not issued under the Land Law 2024 in Vietnam​ (Image from Internet)

1. Cases in which a Certificate of land use rights and ownership of property affixed to the land is not issued under the Land Law 2024 in Vietnam

According to Article 151 of the Land Law 2024, the cases where the Certificate of land use rights and ownership of property affixed to the land is not issued are regulated as follows:

- Land users shall not be granted the Certificate of land use rights and ownership of property affixed to the land in the following cases:

+ Agricultural land used for public purposes as prescribed in Article 179 of the Land Law 2024;

+ Land allocated for management falling under the cases prescribed in Article 7 of the Land Law 2024, except for land allocated for concurrent use with managed land, a Certificate may be issued for the land area used according to the land allocation or lease decision by a competent state authority;

+ Leased or subleased land from land users, except when leasing or subleasing land from an investment project developer in line with a project approved by a competent authority;

+ Contracted land, except when the right to use such land is recognized according to point a, clause 2, Article 181 of the Land Law 2024;

+ Land that has a decision on land recovery from a competent state authority, except in cases where over three years have passed since the recovery decision without implementation;

+ Land under dispute, subject to distraint, or other measures to ensure the execution of judgments as prescribed by law on civil enforcement; land use rights subject to temporary urgent measures as prescribed by law;

+ Organizations granted land by the State without land-use levy for public non-business purposes.

- Assets attached to land shall not be issued the Certificate of land use rights and ownership of property affixed to the land in the following cases:

+ Assets attached to land where the land parcel containing such assets is ineligible for issuance or does not qualify for the Certificate as prescribed in clause 1, Article 151 of the Land Law 2024;

+ Temporary houses or buildings constructed during the construction of main works or temporary constructions made of thatch, bamboo, and other rudimentary materials; auxiliary structures outside the main works for management, use, or operation;

+ Assets attached to land with a notice or decision for clearance or land recovery by competent state authorities, except where over three years have passed without implementation;

+ Houses or buildings constructed after the prohibition of construction; constructions encroaching on technical infrastructure protection boundaries or ranked historical-cultural heritages; or assets attached to land created after the time the plan approved by a competent authority does not conform to the approved plan at the time of issuing the Certificate, except where the homeowner or structure owner holds a temporary construction permit as prescribed by construction laws;

+ Assets owned by the State, except where assets have been determined as State capital contributions in enterprises according to guidelines from the Ministry of Finance;

+ Assets attached to land not belonging to cases prescribed in Articles 148 and 149 of the Land Law 2024.

2. What are regulations on issuing Certificates of land use rights and ownership of property affixed to the land for historical-cultural sites and scenic landscapes in Vietnam?

According to Article 144 of the Land Law 2024, issuance of Certificates of land use rights and ownership of property affixed to the land with ranked historical-cultural sites or scenic landscapes listed by the provincial People's Committee is regulated as follows:

- In cases where the land is utilized solely by one agency, organization, community, household, or individual, the Certificate of land use rights and ownership of property affixed to the land is issued to that agency, organization, community, household, or individual;

- In cases where there are multiple land users or different types of land, the Certificate of land use rights and ownership of property affixed to the land is issued for each land user. Land users must comply with legal regulations on the protection of historical-cultural sites and scenic landscapes.

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