Grant of certificates of land use rights and ownership of houses and other land-attached assets for land having historical-cultural relics or scenic spots in Vietnam

Grant of certificates of land use rights and ownership of houses and other land-attached assets for land having historical-cultural relics or scenic spots in Vietnam (Internet image)

Regulations on land with historical-cultural relics or scenic spots in Vietnam

According to Point f, Clause 2, Article 10 of the Land Law 2013, land used for public purposes, including land used for transport (including airports, airfields, inland waterway ports, maritime ports, rail system, road system and other transport facilities); irrigation; land with historical-cultural relics or scenic spots; land for community activities or public entertainment and recreation; land for energy facilities; land for post and telecommunications facilities; land for markets; land for waste dumping and treatment, and land for other public facilities;

In addition, based on Clause 1, Article 6 of the Law on amendments to some articles concerning planning of 37 laws, Article 35 of the Land Law 2013 is amended, in which Point dd, Clause 2, Article 35 of the Land Law 2013 stipulates that:

A land use plan shall be formulated under the following rules: Historical sites/monuments and scenic landscapes are protected and restored;

Management of land with historical-cultural relics and landscapes in Vietnam

Pursuant to Article 158 of the Land Law 2013 stipulating the management of land with historical-cultural relics and landscapes as follows:

- Land with historical-cultural relics and landscapes which are ranked or under the protection of provincial-level People’s Committees shall be strictly managed in accordance with the following provisions:

+ Organizations, households, individuals and communities that directly manage land with historical-cultural relics and landscapes shall assume the main responsibility in the use of such land in accordance with the law on cultural heritage;

+ Commune-level People’s Committees shall assume the main responsibility for the management of land with historical-cultural relics and landscapes in their localities which are not specified at Point a of Clause 1 of Article 158 of the Land Law 2013;

+ If land with historical-cultural relics and landscapes is encroached, occupied or used for improper or illegal purposes, the chairperson of the commune-level People’s Committee of the locality where such land is located shall detect, prevent and deal with these illegal activities promptly.

- In special cases in which it is necessary to use land with historical-cultural relics and landscapes for other purposes, the change of the land use purpose must conform with the land use master plans and plans approved by competent state agencies and must be approved in writing by the state agencies which have the competence to decide on the ranking of those historical- cultural relics and landscapes.

Grant of certificates of land use rights and ownership of houses and other land-attached assets for land having historical-cultural relics or scenic spots in Vietnam

According to Article 27 of Decree 43/2014/ND-CP, grant of certificates of land use rights and ownership of houses and other land-attached assets for land having historical-cultural relics or scenic spots in Vietnam is as follows:

- The grant of certificates of land use rights and ownership of houses and other land- attached assets for land having historical-cultural relics or scenic spots which have been ranked or are protected under decisions of provincial-level People’s Committees is prescribed as follows:

+ For land having independent historical-cultural relics or scenic spots which are currently used by agencies, organizations, communities, households or individuals, certificates of land use rights and ownership of houses and other land-attached assets shall be granted to these

+ In case historical-cultural relics or scenic spots are areas with different land users and involving different types of land, certificates of land use rights and ownership of houses and other land-attached assets shall be granted to every land user and for each type of land in such areas. Land users shall comply with regulations on protection of historical-cultural relics and scenic spots.

Nguyen Pham Nhut Tan

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