Regulations on the issuance of land use right certificates under the 2024 Land Law

Reply:Article 140,Land Law 2024Regulations regarding the issuance of land use rights certificates and ownership certificates for assets attached to land for households and individuals currently using land allocated without proper authority are as follows:

Land allocated to households or individuals without proper authority according to the land law at the time of allocation, or land used due to purchase, liquidation, valuation, or distribution of housing and construction works attached to the land in violation of the law, shall be issued a Certificate of Land Use Rights and Ownership of Assets Attached to the Land as follows:

1. In cases where land has been used stably before October 15, 1993, and is now confirmed by the People's Committee of the commune where the land is located as being free from disputes, the current land user shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to the Land for the area of ​​land allocated according to the provisions of Clauses 2 and 6 of Article 138 of this Law;

2. In cases where land has been used stably from October 15, 1993, to before July 1, 2004, and is now confirmed by the People's Committee of the commune where the land is located as being free from disputes and conforming to the district-level land use plan, general plan, zoning plan, construction plan, or rural plan, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued in accordance with Clauses 3 and 6 of Article 138 of this Law;

3. In cases where land has been used stably from July 1, 2004, to before July 1, 2014, and is now confirmed by the People's Committee of the commune where the land is located as being free from disputes and conforming to the district-level land use plan, general plan, zoning plan, construction plan, or rural plan, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued as follows:

a) For land parcels with houses, houses and structures serving daily life, if the land parcel area is equal to or greater than the land allocation limit for residential land as stipulated in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area for which a Certificate of Land Use Rights and Ownership of Assets Attached to Land is issued shall be equal to the land allocation limit for residential land;

b) For land parcels with houses, houses and structures serving daily life, if the land parcel area is smaller than the land allocation limit for residential land as stipulated in Clause 2 of Article 195 and Clause 2 of Article 196 of this Law, the residential land area shall be determined as the entire area of ​​that land parcel;

c) The remaining area (if any) after determining the residential land area as stipulated in point a of this clause shall be recognized according to the current land use status;

4. In cases where land was allocated from July 1, 2014, until before the effective date of this Law, and is now confirmed by the People's Committee of the commune where the land is located as being free from disputes, conforming to the land use plan, and the land user has documents proving payment for land use rights, the land limit for granting Certificates of Land Use Rights and Ownership of Assets Attached to Land shall be determined according to the provisions of Clause 3, Article 138 of this Law;

5. The State shall not issue Certificates of Land Use Rights and Ownership of Assets Attached to Land for land that has been allocated or leased without proper authority from July 1, 2014 onwards, except in cases stipulated in Clause 4 of this Article;

6. Land users who are granted Certificates of Land Use Rights and Ownership of Assets Attached to Land as stipulated in Clauses 1, 2, 3, and 4 of this Article must fulfill their financial obligations as prescribed by law;

7. The Government shall provide detailed regulations for this Article.