Cases where land use right certificates will not be issued.

Reply:

According to Article 151 of the 2024 Land Law, which details the cases in which a Certificate of Land Use Rights and Ownership of Assets Attached to Land will not be issued, the following applies:

1. Land users shall not be granted Certificates of Land Use Rights and Ownership of Assets Attached to Land in the following cases:

a) Agricultural land used for public purposes as prescribed in Article 179 of this Law;

b) Land allocated for management in the cases stipulated in Article 7 of this Law, except for land allocated for shared use with land allocated for management, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land for the area of ​​land used according to the land allocation or lease decision of the competent state agency;

c) Land leased or subleased from land users, except for land leased or subleased from investors constructing and operating infrastructure, in accordance with investment projects approved by competent authorities;

d) Land leased under contract, except in cases where land use rights are recognized as stipulated in point a, clause 2, Article 181 of this Law;

d) Land for which a decision on land reclamation has been issued by a competent state agency, except in cases where more than 3 years have passed since the decision on land reclamation was issued without implementation;

e) Land that is under dispute, seized, or subject to other measures to ensure the enforcement of a judgment as prescribed by law on civil judgment enforcement; land use rights that are subject to temporary emergency measures as prescribed by law;

g) Organizations to which the State allocates land free of charge for public purposes not intended for commercial purposes.

2. Assets attached to land shall not be granted Certificates of Land Use Rights and Ownership of Assets Attached to Land in the following cases:

a) Assets attached to the land where the land parcel containing those assets falls under the cases where a Certificate of Land Use Rights or Ownership of Assets Attached to Land cannot be issued as stipulated in Clause 1 of this Article, or does not meet the conditions for issuing a Certificate of Land Use Rights or Ownership of Assets Attached to Land;

b) Houses or structures built temporarily during the construction of the main structure or temporarily constructed using materials such as thatch, bamboo, reeds, leaves, or earth; auxiliary structures located outside the main structure and intended to serve the management, use, and operation of the main structure;

c) Assets attached to land for which a notice or decision on demolition or a decision on land reclamation has been issued by a competent state agency, except in cases where more than 3 years have passed since the date of these notices or decisions without implementation;

d) Houses and structures built after the date of the construction ban; construction encroaching on or occupying the boundary markers protecting technical infrastructure works and classified historical and cultural relics; assets attached to land created after the time the planning was approved by the competent authority, and such assets do not conform to the approved planning at the time of granting the Certificate of Land Use Rights and Ownership of Assets Attached to Land, except in cases where the owner of a house or construction work other than a house as stipulated in Articles 148 and 149 of this Law has a temporary construction permit as prescribed by the law on construction;

d) Assets owned by the State, except for assets that have been identified as the State's capital contribution to the enterprise according to the guidance of the Ministry of Finance;

e) Assets attached to land that do not fall under the cases stipulated in Articles 148 and 149 of this Law.