Principles for granting 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 land plot to land users and owners of assets attached to land who have the need and meet the conditions prescribed by this Law. In case a land user is using multiple agricultural land plots in the same commune, ward or town and has a request, he/she shall be issued 1 Certificate of land use rights and ownership of assets attached to land for all those land plots.

2. For a land plot with many people sharing the right to use the land or many people jointly owning the property attached to the land, each person shall be granted 01 Certificate of land use rights and ownership of property attached to the land; in case the people sharing the right to use the land or jointly owning the property attached to the land request, 01 Certificate of land use rights and ownership of property attached to the land shall be granted together and given to the representative.

3. Certificates of land use rights and ownership of assets attached to land shall only be issued after land users and owners of assets attached to land have fulfilled their financial obligations as prescribed by law.

In case the land user or owner of property attached to land is not subject to financial obligations or is exempted or credited with financial obligations, the Certificate of land use rights and ownership of property attached to land shall be issued after the competent authority determines that the land user or owner of property attached to land is not subject to financial obligations or is exempted or credited with financial obligations; in case of land lease with annual land rent payment, the Certificate of land use rights and ownership of property attached to land shall be issued after the competent authority issues a land lease decision and signs a land lease contract.

In case a land user donates the land use right to the State or donates the land use right to the community to build works serving the common interests of the community or to expand traffic routes according to planning or donates the land use right to build gratitude houses, charity houses, and solidarity houses attached to the land according to the provisions of law, the State shall be responsible for arranging funds to measure, adjust, update cadastral records and issue Certificates of land use rights and ownership of assets attached to the land to the land user according to the provisions of this Law; the land user shall not have to pay any costs in this case.

4. In case the land use right or land use right, ownership of property attached to land or ownership of property attached to land is 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 or ownership of property attached to land, except in cases where the husband and wife have agreed to record the name of one person to represent the husband and wife.

In case the land use right or land use right, ownership of property attached to land or ownership of property attached to land is the joint property of husband and wife, but the Certificate of land use right, Certificate of house ownership and land use right, Certificate of house ownership, Certificate of construction work ownership, Certificate of land use right, house ownership and other property attached to land, Certificate of land use right, ownership of property attached to land issued only records the full name of the husband or wife, a change to the Certificate of land use right, ownership of property attached to land shall be issued to record both the full name of the wife and the full name of the husband if requested.

5. In case the land plot belongs to a household, a Certificate of land use rights and ownership of assets attached to land shall be issued, recording the full names of members sharing the land use rights of the household on the Certificate of land use rights and ownership of assets attached to land and shall be given to the representative. In case the members sharing the land use rights of the household have a need, a Certificate of land use rights and ownership of assets attached to land shall be issued, recording the name of the household representative on the Certificate of land use rights and ownership of assets attached to land and shall be given to the representative of the household.

The determination of members sharing the right to use land of a household to register their names on the Certificate of land use rights and ownership of assets attached to the land is agreed upon by these members and they are responsible before the law.

6. In case there is a difference in area between the actual measurement data and the data recorded on the documents prescribed in Article 137 of this Law or the Certificate of land use rights or the Certificate of house ownership and land use rights or the Certificate of land use rights, house ownership and other assets attached to land or the Certificate of land use rights, ownership of assets attached to land that has been granted but the boundary of the land plot in use has not changed compared to the boundary of the land plot at the time of the land use rights document, the Certificate of land use rights, the Certificate of house ownership and land use rights, the Certificate of land use rights, house ownership and other assets attached to land, the Certificate of land use rights, ownership of assets attached to land that has been granted, and there is no dispute with adjacent land users, then when granting or re-granting the Certificate of land use rights, ownership of assets attached to land, the land area is determined according to the measurement data. actual measurement

In case of re-surveying, if the land plot boundary changes compared to the land plot boundary at the time of issuance of the land use right documents or the Land Use Right Certificate, the House Ownership and Land Use Right Certificate, the Land Use Right Certificate, the House Ownership and Other Property Attached to Land Certificate, the Land Use Right Certificate, the Land Use Right Certificate, the House Ownership and Other Property Attached to Land Certificate issued and the actual measured land area is larger than the area recorded on the land use right documents or the Land Use Right Certificate, the House Ownership and Land Use Right Certificate, the Land Use Right Certificate, the House Ownership and Other Property Attached to Land Certificate issued, the larger difference in area shall be considered for issuance of the Land Use Right Certificate, the Land Use Right Certificate, the Land Use Right Certificate.

In case the Certificate of Land Use Rights, Certificate of House Ownership and Land Use Rights, Certificate of Land Use Rights, House Ownership and Other Properties Attached to Land, Certificate of Land Use Rights, Ownership of Properties Attached to Land has been issued but the location is incorrect, then review and reissue the Certificate of Land Use Rights, Ownership of Properties Attached to Land to the land user.

7. The Government shall detail 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.