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 many 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 has financial obligations recorded, the Certificate of land use rights and ownership of property attached to land shall be granted 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 has financial obligations recorded; 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 granted after the competent authority issues a land lease decision and signs a land lease contract.

In case a land user donates land use rights to the State or donates land use rights to the community to build works serving the common interests of the community or to expand traffic routes according to planning or donates land use rights 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 common property of the 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 common property of the 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 replacement 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 specified 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 issued Certificate of land use rights, house ownership and other assets attached to land, 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 issued Certificate of land use rights, house ownership and other assets attached to land, the issued Certificate of land use rights, land ownership and other assets attached to land, the ... actual measurements

In case of re-surveying, if the land plot boundary changes compared to the land plot boundary at the time of issuance of documents on land use rights or Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land already granted and the actual measured land area is larger than the area recorded on the land use rights documents or Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land already granted, the larger difference in area shall be considered for issuance of a Certificate of land use rights, ownership of assets attached to land.

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 assets attached to land, Certificate of land use rights, ownership of assets attached to land have been issued but the location is incorrect, then review and re-issue the Certificate of land use rights, ownership of assets 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.