Regulations on granting Land Use Right Certificates to organizations under the 2024 Land Law

Reply:Article 142 of the 2024 Land Law stipulates the granting of Certificates of land use rights and ownership of assets attached to land to organizations using land, as follows:

1. Organizations using land that have not been granted a Certificate of Land Use Rights or a Certificate of House Ownership and Land Use Rights or a Certificate of Land Use Rights, House Ownership and Other Assets Attached to Land or a Certificate of Land Use Rights, Property Ownership and Other Assets Attached to Land must self-declare the current status of land use and report to the People's Committee of the province where the land is located.

2. Based on the report on the current land use status of the organization, the People's Committee of the province where the land is located shall inspect the actual land use and handle it according to the following provisions:

a) For land areas of organizations with documents specified in Article 137 of this Law that are being used for the correct purpose, the competent state agency shall determine the form of land use in accordance with the provisions of law and issue a Certificate of land use rights and ownership of assets attached to the land; in cases of land use without documents specified in Article 137 of this Law, the land use forms specified in Articles 118, 119 and 120 of this Law shall apply.

For organizations using land in cases where the State leases land as prescribed in Article 120 of this Law, the competent provincial land management agency shall carry out procedures to sign a land lease contract before granting a Certificate of land use rights and ownership of assets attached to the land;

b) The land use term for which a Certificate of land use rights and ownership of assets attached to land is granted as prescribed in Point a of this Clause in cases where there are documents on land use rights prescribed in Article 137 of this Law shall be determined according to such documents; in cases where there are documents on land use rights but the land use term is not stated in the documents or the land use term is stated but is not in accordance with the provisions of the law on land at the time of having such documents, the land use term shall be determined according to the provisions of Article 172 of this Law and shall be calculated from October 15, 1993 in cases of land use before October 15, 1993, and from the date of the decision on land allocation or land lease in cases of land use from October 15, 1993 onwards;

c) The land area used for the wrong purpose, the land area encroached or occupied; the land area leased or borrowed for use by other organizations, households or individuals; the land area in illegal joint ventures or associations; the land area that has not been used for more than 12 months or the land use progress is delayed for more than 24 months, the Provincial People's Committee shall decide to reclaim it in accordance with the provisions of law;

d) The land area that an organization has arranged for households and individuals who are officials and employees of the organization to build houses before the effective date of this Law must be handed over to the People's Committee of the district where the land is located to issue Certificates of land use rights and ownership of assets attached to land to land users in accordance with the provisions of law; land users who are granted Certificates of land use rights and ownership of assets attached to land must fulfill financial obligations in accordance with the provisions of law.

In case a state-owned enterprise engaged in agricultural, forestry, aquaculture, or salt production has been allocated land by the State and the enterprise allows households or individuals to use part of the land fund for residential purposes before July 1, 2004, it must develop a plan to rearrange the residential land area into a residential area and submit it to the People's Committee of the province where the land is located for approval before handing it over to the locality for management;

d) For disputed land areas, the issuance of Certificates of land use rights and ownership of assets attached to land shall be carried out after completing dispute resolution in accordance with the provisions of law.

3. In case an organization receives a transfer of a real estate project in accordance with the provisions of the law on real estate business, and the project transferor and the project transferee have fulfilled their financial obligations in accordance with the provisions of law, they shall be considered for the issuance of a Certificate of land use rights and ownership of assets attached to land in accordance with the Government's regulations.