Learn about Land Law 2013
(Baonghean) - Question: Decree No. 43/2014/ND-CP of the Government detailing the implementation of a number of articles of the Land Law?
Answer: On May 15, 2014, the Government issued Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law.
Accordingly, the determination of land type in cases of land use without documents is carried out as follows: In cases of stable land use without encroachment or illegal change of land use purpose, the land type is determined according to the current status of use; in cases of land use due to encroachment, illegal change of land use purpose, the land type is determined based on the origin, management and land use process; in cases where the land plot is used for many different purposes, the determination of land type is carried out in two ways: If the boundary of use between the purposes of use can be determined, the land plot is divided according to each purpose of use and the purpose is determined according to the current status of land use; if the boundary of land use cannot be determined, the main land use purpose is determined according to the current land type with the highest price in the price list prescribed by the Provincial People's Committee...
The Decree details the cases in which a Certificate of Land Use Rights is granted and in which a Certificate is not granted, and the procedures for granting a Certificate. In particular, in cases where the area of a land plot is smaller than the minimum area, a Certificate of Land Use Rights, House Ownership Rights and other assets attached to the land can still be granted if the land plot was formed before the effective date of the document issued by the Provincial People's Committee on the minimum area for land division. It is not allowed to notarize, authenticate, or grant a Certificate of Land Use Rights, House Ownership Rights and other assets attached to the land, and it is not allowed to carry out procedures to exercise the rights of land users in cases where a registered land plot has been granted a Certificate into two or more plots of land, of which at least one plot has an area smaller than the minimum area of the Provincial People's Committee...
The Decree also stipulates the limit for receiving the transfer of agricultural land use rights of households and individuals: no more than 30 hectares for annual crop land, aquaculture land and salt-making land in the Southeast region and the Mekong Delta region, no more than 20 hectares for the remaining regions; no more than 100 hectares for perennial crop land in communes, wards and towns in the plains; no more than 300 hectares for communes, wards and towns in the midland and mountainous regions; no more than 150 hectares for production forest land in the plains; no more than 300 hectares in the mountainous and midland regions....
The Decree takes effect from July 1, 2014.
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