Regulations on issuing land use right certificates to households and individuals currently using land.

Reply:According to Article 137 of the 2024 Land Law, the issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land for households, individuals, and residential communities currently using land with existing land use rights documents is regulated as follows:

1. Households and individuals who are using land stably and possess one of the following types of documents issued before October 15, 1993, are entitled to receive a Certificate of Land Use Rights and Ownership of Assets Attached to Land and are exempt from paying land use fees:

a) Documents concerning land use rights issued by competent authorities during the implementation of land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam;

b) One of the land use right documents issued by a competent authority under the old regime to the land user, including: Land ownership certificate; Deed of sale of real estate certified by an agency under the old regime; Deed of sale, gift, exchange, or inheritance of a house attached to residential land certified by an agency under the old regime; Will or agreement on the division of inheritance of housing certified by an agency under the old regime; Construction permit for a house; Architectural legalization permit issued by an agency under the old regime; Judgment of a court under the old regime that has become enforceable;

c) Temporary land use right certificate issued by a competent state agency or listed in the Land Registry Book or Cadastral Book;

d) Documents transferring land use rights, or buying and selling houses attached to residential land, which are now confirmed by the People's Committee of the commune as having been used before October 15, 1993;

d) Land registers and survey records compiled before December 18, 1980, that contain the names of land users;

e) One of the documents prepared during the land registration process according to Directive No. 299/TTg dated November 10, 1980, of the Prime Minister on land surveying, classification, and registration nationwide, issued by a state agency that manages the land and includes the name of the land user, including: Minutes of the review by the commune-level Land Registration Council determining that the current land user is legal; Summary of legal land use cases prepared by the commune-level People's Committee or the commune-level Land Registration Council or the district-level or provincial-level land management agency; Application for registration of land use rights; Document certifying the registration of land use rights issued by the commune-level, district-level, or provincial-level People's Committee to the land user;

g) Documents regarding the declaration and registration of houses, certified by the People's Committee at the commune, district, or provincial level, which include the area of ​​land on which the house is located;

h) Documents from the defense unit allocating land to officers and soldiers for housing in accordance with Directive No. 282/CT-QP dated July 11, 1991, of the Minister of National Defense, provided that such land allocation is consistent with the land use plan for housing for officers and soldiers within the approved national defense land plan at the time of allocation;

i) Projects, lists, or documents concerning the relocation of people for the construction of new economic zones or resettlement, approved by the People's Committee at the district or provincial level or competent authority, which include the names of land users;

k) Documents containing information on ownership rights of houses and buildings; documents regarding the construction or repair of houses and buildings certified or permitted by the People's Committee at the district or provincial level or by the state management agency for housing and construction;

l) Temporary land allocation documents from the People's Committee at the district or provincial level; Applications for land use approved by the People's Committee at the commune level or agricultural cooperative before July 1, 1980, or approved by the People's Committee at the district or provincial level;

m) Documents from competent state agencies regarding the allocation of land to agencies and organizations for the purpose of providing land for officials and employees to build their own houses, or for the construction of houses to be distributed or granted to officials and employees using non-state budget funds or funds contributed by the officials and employees themselves;

n) Other documents concerning land use rights issued before October 15, 1993, as prescribed by the Provincial People's Committee in accordance with local practices.

2. Households and individuals currently using land with documents from state-owned agricultural or forestry enterprises regarding land allocation for housing or housing combined with agricultural and forestry production before July 1, 2004, are entitled to receive a Certificate of Land Use Rights and Ownership of Assets Attached to Land and are exempt from paying land use fees.

3. Households and individuals who are using land stably and possess one of the following types of documents are entitled to be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land and are exempt from paying land use fees:

a) Legal documents regarding inheritance or donation of land use rights or assets attached to the land; documents concerning the transfer of charitable housing, social housing, or solidarity housing attached to the land;

b) Documents for the liquidation and valuation of houses attached to land; documents for the purchase of state-owned houses in accordance with the law.

4. Households and individuals currently using land with documents proving that the State has allocated or leased land in accordance with the law from October 15, 1993, until before the effective date of this Law, but who have not yet been granted a 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, shall be granted such certificates; if land use fees have not yet been paid, they must be paid according to the provisions of the law.

5. Households and individuals currently using land who possess one of the types of documents specified in Clauses 1, 2, 3, and 4 of this Article, but which bear the name of another person, along with documents regarding the transfer of land use rights, but have not completed the land use right transfer procedures as prescribed by law before the effective date of this Law, and the land is not subject to disputes, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land; and shall fulfill financial obligations as prescribed by law.

6. Households, individuals, and residential communities that use land according to judgments or decisions of the Court, decisions or rulings of the Vietnam Commercial Arbitration Tribunal, enforcement decisions of the enforcement agency, decisions resolving land disputes, complaints, and denunciations by competent state agencies that have been implemented, and documents recognizing the results of successful mediation, shall be granted Certificates of Land Use Rights and Ownership of Assets Attached to Land; and shall fulfill financial obligations as prescribed by law.

7. Households and individuals who possess a copy of one of the documents specified in Clauses 1, 2, 3, 4, 5, and 6 of this Article, but the original document has been lost and the state agency no longer retains records of issuing such documents, and whose land is confirmed by the People's Committee of the commune where the land is located as being used stably and without disputes, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land; and shall fulfill financial obligations as prescribed by law.

8. In cases where the land user possesses one of the documents specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, and those documents indicate different dates, the land user may choose the date indicated on the document as the basis for issuing the Certificate of Land Use Rights and Ownership of Assets Attached to the Land.

9. Community residents using land with structures such as communal houses, temples, shrines, ancestral halls, and other religious buildings; pagodas not covered by Clause 1, Article 213 of this Law; agricultural land as defined in Clause 4, Article 178 of this Law, and where there are no disputes and there is documentation from the People's Committee of the commune where the land is located confirming that the land is for common use by the community, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to the Land.