Principles for issuing land use right certificates according to the 2024 Land Law.

Article 135 of the 2024 Land Law stipulates the principles for granting Certificates of Land Use Rights and Ownership of Assets Attached to Land as follows:

1. Certificates of land use rights and ownership of assets attached to land are issued for each plot of land to those who have the right to use the land or own assets attached to the land and who meet the conditions as prescribed by this Law. In cases where a land user is using multiple plots of agricultural land in the same commune, ward, or town and requests it, a single certificate of land use rights and ownership of assets attached to the land may be issued for all those plots.

2. For land parcels with multiple co-owners of land use rights and assets attached to the land, each person shall be issued one Certificate of Land Use Rights and Ownership of Assets Attached to the Land; however, if those with co-ownership of land use rights and assets attached to the land so request, a single Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be issued jointly and given to their representative.

3. Certificates of land use rights and ownership of assets attached to land shall only be issued after the land user or owner of assets attached to land has fulfilled their financial obligations as prescribed by law.

In cases where the land user or owner of assets attached to the land is not subject to financial obligations or is exempted or has their financial obligations deferred, the Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be issued after the competent authority determines that the financial obligations are not required or are exempted or have been deferred; in the case of land lease with annual rent payments, the Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be issued after the competent authority issues the land lease decision and signs the land lease contract.

In cases where land users donate land use rights to the State or to the community for the construction of public works serving the common good, or for the expansion of roads according to planning, or donate land use rights for the construction of charitable housing, social housing, or solidarity housing attached to the land as prescribed by law, the State is responsible for allocating funds to carry out the surveying, adjustment, updating of cadastral records, and issuance of Certificates of Land Use Rights and Ownership of Assets Attached to the Land to the land users as prescribed by this Law; land users are not required to pay any costs in this case.

4. In cases where the land use right or the land use right and ownership of assets attached to the land are the joint property of husband and wife, both the wife's and husband's full names must be recorded on the Certificate of Land Use Right and Ownership of Assets Attached to the Land, except in cases where the husband and wife have agreed to register one person's name as a representative for both of them.

In cases where the land use right or the land use right and ownership of assets attached to the land are the joint property of husband and wife, and the issued Certificate of Land Use Right, Certificate of Ownership of Housing and Land Use Right, Certificate of Ownership of Housing, Certificate of Ownership of Construction Works, Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land, or Certificate of Land Use Right and Ownership of Assets Attached to Land only records the full name of either the husband or the wife, it may be exchanged for a Certificate of Land Use Right and Ownership of Assets Attached to Land that includes both the full name of the wife and the husband if requested.

5. In cases where the land plot is under the ownership of a household, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued, bearing the full names of all household members sharing the land use rights, and handed to the representative. If the household members sharing the land use rights so request, a separate Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued, bearing the name of the household representative, and handed to the household representative.

The identification of household members who share land use rights and whose names are recorded on the Certificate of Land Use Rights and Ownership of Assets Attached to Land is determined by mutual agreement among these members, who are legally responsible for its success.

6. In cases where there is a discrepancy in area between the actual measured data and the data recorded on the documents stipulated in Article 137 of this Law, or the Land Use Right Certificate, or the House Ownership and Land Use Right Certificate, or the Land Use Right, House Ownership and Other Assets Attached to Land Certificate, or the Land Use Right, Ownership and Assets Attached to Land Certificate issued, provided that the boundaries of the land parcel in use remain unchanged compared to the boundaries of the land parcel at the time the land use right documents, Land Use Right Certificate, House Ownership and Land Use Right Certificate, Land Use Right, House Ownership and Other Assets Attached to Land Certificate, or Land Use Right, Ownership and Assets Attached to Land Certificate were issued, and there is no dispute with adjacent land users, then when issuing or exchanging the Land Use Right, House Ownership and Assets Attached to Land Certificate, the land area shall be determined according to the actual measured data. health.

In cases where a re-measurement reveals changes in the land parcel boundaries compared to the boundaries at the time the land use right certificate or Certificate of Land Use Rights, Certificate of Ownership of Housing and Land Use Rights, Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land, or Certificate of Land Use Rights and Ownership of Assets Attached to Land was issued, and the actual measured land area is larger than the area recorded on the land use right certificate or Certificate of Land Use Rights, Certificate of Ownership of Housing and Land Use Rights, Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land, or Certificate of Land Use Rights and Ownership of Assets Attached to Land, the excess area will be considered for the issuance of a new Certificate of Land Use Rights and Ownership of Assets Attached to Land.

In cases where the issued Land Use Right Certificate, House Ownership and Land Use Right Certificate, Land Use Right, House Ownership and Other Assets Attached to Land Certificate, or Land Use Right and Ownership of Assets Attached to Land Certificate contains inaccurate information, a review and re-issuance of the Land Use Right and Ownership of Assets Attached to Land Certificate shall be carried out for the land user.

7. The Government shall provide detailed regulations on the issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land, the re-determination of residential land area, and the correction, revocation, and cancellation of issued certificates.