Entities ineligible for grant of certificates of land use rights in Vietnam

Entities ineligible for grant of certificates of land use rights in Vietnam (Internet image)

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

1. Entities ineligible for grant of certificates of land use rights in Vietnam

Entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets in Vietnam according to Article 19 of Decree 43/2014/ND-CP are as follows:

- Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law:

+ The head of an organization is responsible for land management in the following cases:

++ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;

++ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;

++ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;

++ Organizations assigned to manage the land fund recovered under decisions of competent state agencies.

++ The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.

+ The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.

+ The representative of a community is responsible for land allocated to the community for management.

- Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or townships.

- Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.

- Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.

- Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.

- Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.

- Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads;

Water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.

2. Regulations on certificates of land use rights in Vietnam

Regulations on certificates of land use rights in Vietnam under Article 97 of the Land Law 2013 are as follows:

- A certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single form used nationwide.

The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.

- The certificate of land use rights, the certificate of house ownership and residential land use rights, the certificate of house ownership and the certificate of construction facilities ownership which have been granted in accordance with the land law, housing law or construction law before December 10, 2009, remain legally valid and are not required to be changed to the certificate of land use rights and ownership of houses and other land-attached assets.

In case those who were granted a certificate before December 10, 2009, want to change the certificate, they shall be granted the certificate of land use rights and ownership of houses and other land-attached assets in accordance with the Land Law 2013.

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