Regulations on granting Land Use Right Certificates to households and individuals currently using land

Reply:According to Article 137 of the 2024 Land Law, the granting of Certificates of land use rights and ownership of assets attached to land to households, individuals, and residential communities currently using land with documents on land use rights is regulated as follows:

1. Households and individuals who are using land stably and have one of the following types of documents established before October 15, 1993 will be granted a Certificate of land use rights and ownership of assets attached to land and do not have to pay land use fees:

a) Documents on 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 documents on land use rights issued by a competent authority of the old regime to the land user, including: Land contract; Real estate sale and purchase document certified by an authority of the old regime; Document on house sale, house donation, house exchange, house inheritance attached to land certified by an authority of the old regime; Will or agreement on inheritance of housing certified by an authority of the old regime; Permit for house construction; Permit for architectural legalization issued by an authority of the old regime; Judgment of the Court of the old regime that has come into force;

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

d) Documents on transfer of land use rights, purchase and sale of houses attached to residential land, now confirmed by the People's Committee at the commune level to have used the land before October 15, 1993;

d) Inventory books and land registers established before December 18, 1980 that have the names of land users;

e) One of the documents established during the process of land registration according to Directive No. 299/TTg dated November 10, 1980 of the Prime Minister on land measurement, classification and registration nationwide managed by state agencies that includes the name of the land user, including: Minutes of approval by the Commune-level Land Registration Council determining that the land user is legal; Summary of legal land use cases established by the Commune-level People's Committee or Commune-level Land Registration Council or district-level or provincial-level land management agency; Application for land use right registration; Documents on land use right registration certification issued by the Commune-level, District-level or Provincial-level People's Committee to the land user;

g) Documents on house declaration and registration confirmed by the People's Committee at commune, district or provincial level, in which the land area with house is stated;

h) Documents of defense units allocating land to officers and soldiers for housing according to Directive No. 282/CT-QP dated July 11, 1991 of the Minister of National Defense, in which the land allocation is consistent with the land use planning for housing of officers and soldiers in the defense land planning approved at the time of land allocation;

i) Projects or lists or documents on migration to build new economic zones or resettlement migration approved by the People's Committee at district or provincial level or competent authorities with the names of land users;

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

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

m) Documents from competent state agencies on land allocation to agencies and organizations to arrange land for cadres, workers and employees to build their own houses or to build houses to be distributed or granted to cadres, workers and employees using capital not from the state budget or built by cadres, workers and employees' own contributions;

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

2. Households and individuals using land with documents from state-owned agricultural and forestry farms on land allocation for housing construction or housing construction combined with agricultural and forestry production before July 1, 2004 will be granted a Certificate of land use rights and ownership of assets attached to land and will not have to pay land use fees.

3. Households and individuals who are using land stably and have one of the following documents will be granted a Certificate of land use rights and ownership of assets attached to land and do not have to pay land use fees:

a) Legal documents on inheritance, donation of land use rights or assets attached to land; documents on handover of gratitude houses, charity houses, and solidarity houses attached to land;

b) Documents on liquidation and valuation of houses attached to residential land; documents on purchase of state-owned houses according to the provisions of law.

4. Households and individuals using land with documents on land allocation or lease by the State in accordance with the provisions of law from October 15, 1993 to before the effective date of this Law but have not been granted a Certificate of land use rights, a Certificate of house ownership rights and land use rights, a Certificate of land use rights, house ownership rights and other assets attached to land, a Certificate of land use rights, ownership rights of assets attached to land shall be granted a Certificate of land use rights, ownership rights of assets attached to land; in case of not having paid land use fees, they must pay in accordance with the provisions of law.

5. Households and individuals currently using land with one of the types of documents specified in Clauses 1, 2, 3 and 4 of this Article, on which the name of another person is recorded, accompanied by documents on the transfer of land use rights, but before the effective date of this Law, have not carried out procedures for transferring land use rights according to the provisions of law and that land is not in dispute, shall be granted a Certificate of land use rights and ownership of assets attached to land; and shall perform financial obligations according to the provisions of law.

6. Households, individuals, and residential communities that are allowed to use land according to a court judgment or decision, a decision or award of the Vietnam Commercial Arbitration, a judgment enforcement decision of an enforcement agency, a decision to resolve land disputes, complaints, and denunciations by a competent state agency that has been enforced, or a document recognizing the results of successful conciliation shall be granted a Certificate of land use rights and ownership of assets attached to land; and financial obligations shall be performed in accordance with the provisions of law.

7. Households and individuals who have a copy of one of the types of 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 the management records for the issuance of this type of document, and are confirmed by the People's Committee of the commune where the land is located that the land is in stable use and has no disputes, shall be granted a Certificate of land use rights and ownership of assets attached to the land; and shall fulfill financial obligations in accordance with the provisions of law.

8. In case the land user has one of the documents specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article and the documents have different times, the land user may choose the time on the documents as the basis for granting the Certificate of land use rights and ownership of assets attached to the land.

9. A community using land with constructions such as communal houses, temples, shrines, hermitages, family churches, other religious constructions; pagodas not specified in Clause 1, Article 213 of this Law; agricultural land specified in Clause 4, Article 178 of this Law and that land is not in dispute, has a certificate from the People's Committee of the commune where the land is located as land used in common by the community, shall be granted a Certificate of land use rights and ownership of assets attached to the land.