Vietnam: How to write the purpose of land use in the LURC?

Vietnam: How to write the purpose of land use in the LURC? (Internet image)

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

1. How to write the purpose of land use in the LURC?

According to Clause 6, Article 6 of Circular 23/2014/TT-BTNMT, the purpose of land use is written under the following provisions in Vietnam:

* The purpose of land use is uniformly written with the cadastral book by a specific name for the following types of land:

- Group of agricultural land: “ Land for wet rice only”, “ Remaining land for wet rice”, “Land for upland rice”, “Land for other annuals”, “Land for perennials”, “Land for production forest”, “Land for protection forest”, “Land for special-use forest”, “Land for aquaculture”, “Other agricultural land”;

- Types of non-agricultural land include: “Rural residential land”, “Residential land in urban areas”, “Land for office building”, “Land for defense”, “ Land for security”, “Land for building of non-business organization”, “Land for building of cultural establishments”, “Land for building of social service establishments”, “Land for building medical facilities”,

“ Land for building educational and training establishments”, “Land for building of sports and fitness establishments”, “Land for building of scientific and technological establishments”, “ Land for building of diplomatic establishments”, “Land for building of other non-business works”, “Land for industrial parks”, “Land for industrial clusters”,

“Land for export processing zones”, “Land for commerce and services”, “Land for non-agricultural production establishments”, “Land used for mineral activities”, “Land for production of constructional materials and ceramics”, “Traffic land”, “Irrigation land”, “Land with historical and cultural monuments”, “Land with famous landscape”, “Land for living community”,

“Land for public entertainment”, “Land for energy works”, “Land for postal and telecommunications works”, “Land for markets”, “Land for waste and waste processing”, “Land for other public works”, “Land for religious establishments”, “Land for belief establishments”,

“Land for building of cemetery”, or “Land for building of cemetery and crematory”, “Land for building crematory“, “Land for building of funeral home”, “Land with special-use water surface”, “Other non-agricultural land”;

* Land parcel allotted, leased or recognized the land use right to one land user by the State for many purposes specified under Point a of Clause 6, Article 6 of Circular 23/2014/TT-BTNMT and such purposes must be fully recorded.

Where the land lot is used for many purposes in which the main purposes and minor purposes are defined, then after the main purposes, write “main”;

* Where the land parcel is used by many persons together with different purposes of use, in which each person uses land for a certain purpose, the Certificate issued to each person must specify the purpose of land use of such person and write “Land lot is also used for the purpose of……(write the remaining purposes of land use” of other persons” in the Note of the Certificate;

* Where the land parcel has garden and pond in which a part of area is recognized as residential land and the remaining part is used as recognized for the purposes of the group of agricultural land, then write “Residential land” and the attached recognized area of residential land, then write each specific purpose of use of the group of agricultural land and attached area.

* The identification of purpose of land use upon issuance of Certificate is done under the provisions in Article 11 of the Land Law and Article 3 of Decree 43/2014/ND-CP.

2. How to write the land use term in the LURC?

According to Clause 7 Article 6 of Circular 23/2014/TT-BTNMT, the land use term is specified under the following provisions in Vietnam:

- Where the State assigns or leases land, write the duration under the decision for land allotment or leasing; Where the State recognizes the land use right, write the recognized duration of use under the regulations of law on land;

- In case of using land with definite duration, write “Duration of land use until …/…/...(specify date, month and year of expiration)”;

- Where the duration of land use stable permanent, write "Permanent";

- Where the land parcel has garden and pond but the recognized area of residential land is a part of land lot, write the duration of land use as per each purpose of land use “Residential land: permanent; Land…(write the name of use purpose as per the reality of agricultural group of land for the area of garden and pond not recognized as residential land): Duration of land use until …/…/...(specify date, month and year of expiration)”;

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