Detailed regulations on the issuance of Certificates of land use rights and assets attached to land

Reply:

Article 148 of the 2024 Land Law stipulates the issuance of Certificates of land use rights and ownership of assets attached to land for residential properties as follows:

1. Households and individuals owning houses are granted a Certificate of land use rights and ownership of assets attached to land when they have one of the following documents:

a) Housing construction permit or limited-term housing construction permit in cases where a construction permit is required under the provisions of the law on construction;

b) Contracts for the sale and purchase of state-owned housing as prescribed in Decree No. 61-CP dated July 5, 1994 of the Government on the sale and purchase and trading of housing or documents on the liquidation and valuation of state-owned housing from before July 5, 1994;

c) Documents on handing over or donating gratitude houses, charity houses, and solidarity houses;

d) Documents on housing ownership issued by competent authorities during periods when such real estate is not subject to the State establishing ownership of the entire people according to the provisions of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly on real estate managed and arranged for use by the State during the implementation of real estate management policies and socialist transformation policies before July 1, 1991, Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the National Assembly Standing Committee stipulating the settlement of a number of specific cases of real estate during the implementation of real estate management policies and socialist transformation policies before July 1, 1991;

d) Documents on purchase, sale, donation, exchange or inheritance of housing that have been notarized or certified by the People's Committee of competent authority according to the provisions of law for transactions before July 1, 2006.

In case of housing purchased, received as a gift, exchanged, or inherited from July 1, 2006 onwards, there must be a document on that transaction in accordance with the provisions of the law on housing.

In case of housing purchased from a real estate business for investment and construction for sale, there must be a housing sale and purchase contract signed by both parties;

e) Court judgment or decision or document of competent state agency that has come into legal effect that determines house ownership;

g) One of the documents specified in points a, b, c, d, dd and e of this clause, on which another person's name is written and there is no dispute.

2. In case a household or individual has a house before July 1, 2006 but does not have the documents specified in Clause 1 of this Article and is not in dispute, they will be granted a Certificate of land use rights and ownership of assets attached to land.

3. In case a household or individual has a house that is not specified in Clause 1 and Clause 2 of this Article and is not required to apply for a construction permit, they will be granted a Certificate of land use rights and ownership of assets attached to the land; in case a construction permit is required, they must have a certificate from the competent authority in charge of construction at the district level that the house is eligible to exist according to the provisions of the law on construction.

4. Domestic organizations, economic organizations with foreign investment capital, and people of Vietnamese origin residing abroad who invest in building houses for business purposes and have documents in accordance with the provisions of the law on housing shall be granted a Certificate of land use rights and ownership of assets attached to land.

In case of purchasing, receiving a gift, inheriting a house or owning a house through other forms as prescribed by law, there must be documents on that transaction as prescribed by law.

5. In case the homeowner does not have land use rights for that land plot, the issuance of a Certificate of land use rights and ownership of assets attached to the land shall be carried out as follows:

a) For foreign organizations and individuals owning houses in Vietnam, there must be documents on housing transactions according to the provisions of the law on housing;

b) For house owners according to the provisions of the law on housing but not falling under the cases specified in Point a of this Clause, there must be documents proving house ownership according to the provisions of this Article and a land lease contract or capital contribution contract or business cooperation contract or written approval of the land user agreeing to the construction of a house that has been notarized or certified according to the provisions of law;

6. In case the construction has mixed purposes according to the provisions of law and is built on residential land, a Certificate of land use rights and ownership of assets attached to land shall be granted for the property being the construction item or the entire construction; the land use term is stable and long-term.