Cases where Land Use Right Certificates are not granted according to the 2024 Land Law

Article 151 of the 2024 Land Law stipulates cases where a Certificate of land use rights and ownership of assets attached to land is not granted, specifically as follows:

1. Land users shall not be granted a Certificate 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 specified in Article 7 of this Law, except for land allocated for joint use with land allocated for management, shall be granted a Certificate of land use rights and ownership of assets attached to land for the land area used according to the land allocation or land lease decision of a competent State agency;

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

d) Contracted land, except for cases where land use rights are recognized at Point a, Clause 2, Article 181 of this Law;

d) Land for which a land recovery decision has been made by a competent State agency, except in cases where it has been more than 03 years since the date of the land recovery decision but the decision has not been implemented;

e) Land is in dispute, is being seized, or is being subject to other measures to ensure enforcement of judgments according to the provisions of law on civil judgment enforcement; land use rights are being subject to temporary emergency measures according to the provisions of law;

g) Organizations that are allocated land by the State without collecting land use fees for public purposes not for business purposes.

2. Properties attached to land shall not be granted a Certificate of land use rights and ownership of properties attached to land in the following cases:

a) Property attached to land where the land plot containing such property is in a case where a Certificate of land use rights and ownership of property attached to land is not granted as prescribed in Clause 1 of this Article or does not meet the conditions for granting a Certificate of land use rights and ownership of property attached to land;

b) Housing or construction works built temporarily during the construction of the main work or temporarily built with materials such as thatch, bamboo, reed, leaves, soil; auxiliary works located outside the scope of the main work and to serve the management, use and operation of the main work;

c) Assets attached to land for which there has been a notice or decision on clearance or a decision on land recovery by a competent State agency, except in cases where it has been more than 03 years from the date of such notice or decision but no implementation has been made;

d) Housing and construction works built after the time of construction ban announcement; construction encroaching on or occupying the protective boundary markers of technical infrastructure works and classified historical and cultural relics; assets attached to land created after the time the planning was approved by a competent authority and such assets are not in accordance with the planning approved at the time of issuance of the Certificate of land use rights and ownership of assets attached to land, except in cases where the owner of the housing or construction work that is not a house as prescribed in Articles 148 and 149 of this Law has a construction permit with a term in accordance with the provisions of the law on construction;

d) State-owned assets, except for assets that have been identified as State capital contributed to an enterprise according to the guidance of the Ministry of Finance;

e) Property attached to land not falling under the cases specified in Articles 148 and 149 of this Law.