Cases where certificates of land use rights and ownership of property affixed to the land are not issued in Vietnam

Cases where certificates of land use rights and ownership of property affixed to the land are not issued in Vietnam (Image from the Internet)

1. Cases where certificates of land use rights and ownership of property affixed to the land are not issued in Vietnam

The cases where certificates of land use rights and ownership of property affixed to the land are not issued in Vietnam according to Article 151 of the Land Law 2024 are as follows:

- The land user is not granted the certificate of land use rights and ownership of property affixed to the land are not issued in the following cases:

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

+ Land allocated for management in cases prescribed in Article 7 of the Land Law 2024, except where the land is allocated for shared use with land allocated for management, a certificate of land use rights and ownership of property affixed to the land are not issued will be granted for the portion of land used according to the land allocation or leasing decision by the competent state agency;

+ Leased land or subleased land from land users, except where leased or subleased land is from an investor in infrastructure construction business, in accordance with an investment project approved by a competent authority;

+ Contracted land, except where land use rights are recognized under point a, clause 2, Article 181 of the Land Law 2024;

+ Land for which a land recovery decision has been issued by a competent state agency, unless more than 3 years have passed since the time of the land recovery decision without implementation;

+ Land in dispute, under enforcement measures such as asset attachment to ensure the execution of civil judgments; land use rights are under temporary emergency measures according to the law;

+ Organizations that the State allocates land to without collecting land levy for public purposes not aimed at business purposes.

- Assets attached to land are not granted certificates of land use rights and ownership of property affixed to the land in the following cases:

+ Assets attached to land where the parcel containing such assets falls under cases not granted certificates of land use rights and ownership of property affixed to the land as per clause 1, Article 151 of the Land Law 2024 or do not meet the conditions for such certification;

+ Houses or constructions temporarily built during the construction of the main work or temporarily built from materials such as bamboo, thatch, leaves, earth; auxiliary constructions located outside the main work area and serving the management, use, and operation of the main work;

+ Assets attached to land that have received a notice or decision of clearance or a land recovery decision from a competent state agency, except where more than 3 years have passed since these notices or decisions were issued without being acted upon;

+ Houses, constructions built after the announcement of construction prohibition; construction encroaching upon protection boundaries of ranked historical-cultural relics; assets attached to land created after planning approved by a competent authority where such created assets are inconsistent with the plan at the time of granting a certificate of land use rights and ownership of property affixed to the land are not issued, except where the owner of the house, non-residential construction has a temporary construction permit as prescribed by construction law;

+ Assets owned by the State, except where assets are determined as equity of the State contributed to enterprises according to guidelines from the Ministry of Finance;

+ Assets attached to land not covered by regulations in Articles 148 and 149 of the Land Law 2024.

2. Authority to issue certificates of land use rights and ownership of property affixed to the land in Vietnam

The authority to issue certificates of land use rights and ownership of property affixed to the land in Vietnam is regulated under Article 136 of the Land Law 2024 as follows:

- The authority to issue the initial certificate of land use rights and ownership of property affixed to the land are not issued for first-time registrations where there is a demand for such certification, and in cases described at point b, clause 7, Article 219 of the Land Law 2024, is prescribed as follows:

+ The provincial People's Committee issues the certificate of land use rights and ownership of property affixed to the land are not issued to land users, owners of assets attached to land as prescribed in clauses 1, 2, 5, 6, and 7 of Article 4 of the Land Law 2024.

The provincial People's Committee authorizes the corresponding land management agency to issue the certificate of land use rights and ownership of property affixed to the land are not issued in cases described in clause 1, Article 136 of the Land Law 2024;

+ The district People's Committee issues certificates of land use rights and ownership of property affixed to the land to land users, owners of assets attached to land as prescribed in clauses 3 and 4 of Article 4 of the Land Law 2024.

- The authority to issue certificates of land use rights and ownership of property affixed to the land, confirmation of changes for cases of registration of changes is regulated as follows:

+ Land registration organizations perform this function for land users, owners of assets attached to land that are domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, foreign-invested economic organizations; issue certificates of land use rights and ownership of property affixed to the land for owners of assets attached to land that are foreign organizations, foreign individuals;

+ Branches of land registration organizations or land registration organizations perform this function for land users, owners of assets attached to land that are individuals, community groups, overseas Vietnamese;

+ Land registration organizations, branches of land registration organizations may use their seals to issue certificates of land use rights and ownership of property affixed to the land or to certify changes on issued certificates.

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