Can judgment of the old regime be used as a basis for issuing certificates of land use rights in Vietnam?

Can judgment of the old regime be used as a basis for issuing certificates of land use rights in Vietnam?

In Clause 1, Article 100 of the 2013 Land Law, there is a provision on grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights:

1. Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:

a/ The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

b/ Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

c/ Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

d/ The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

e/ The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

f/ The document on land use rights issued by a competent authority of the former regime to land users;

g/ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

In Article 15 of Circular 02/2015/TT-BTNMT, there are regulations on papers concerning land use rights issued to land users by competent agencies of the former regime as follows:

Papers concerning land use rights issued by competent agencies of the former regime to land users as prescribed in Point e, Clause 1, Article 100 of the Law on Land include:

1. Real estate ownership

2. The deeds of real estate sale (including houses and inhabited land) with confirmations from the former regime;

3. The deeds of purchase, offering as gifts, change of houses, inheritance of land-linked houses with confirmations from competent agencies of the former regime.

4. Testament or written agreement on division of inheritance of houses confirmed by the former regime;

5. Housing construction permits or architecture legalizing permits issued by the former regime;

6. Judgement made by the Court of the former regime that came into force;

7. Other papers proving legal existence of houses, land recognized by People’s committees of provinces;

According to current regulations in Vietnam, in case your family has a judgment of the old regime to win the case and has a stable and long-term land use time, it can be granted a certificate of land use rights and ownership of houses and other land-attached assets and do not have to pay land use levy.

Can a certificate of land use rights be issued for multiple land plots in Vietnam?

In Article 98 of the Land Law 2013, principles of grant of certificates of land use rights and ownership of houses and other land-attached assets are as follows:

1. The certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel. Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one certificate for all parcels at their request.

2. For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted one certificate. At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.

3. Land users or owners of houses and other land-attached assets shall be granted a certificate of land use rights and ownership of houses and other land-attached assets after they have fulfilled the financial obligations as prescribed by law.

In case the land users or owners of houses and other land-attached assets do not have to fulfill financial obligations or are exempted from financial obligations or allowed to owe the financial obligations and in case the land is leased with annual rental payment, they may receive the certificate of land use rights and ownership of houses and other land-attached assets right after the certificate is granted by a competent agency.

4. In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife, the full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.

In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.

5. If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of this Law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate. Land users do not have to pay land use levy for the positive balance in area, if any.

In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Article 99 of this Law.

According to this Article, in case the land user is using many agricultural land parcels in the same commune, ward or township, upon request, he/she shall be granted one certificate for all parcels at their request.

What are regulations on grant of a certificate of land use rights to households and individuals that are using land and have no documents on land use rights in Vietnam?

In Article 101 of the 2013 Land Law, there are regulations on grant of a certificate of land use rights and ownership of houses and other land- attached assets to households and individuals that are using land and have no documents on land use rights as follows:

1. Households and individuals using the land prior to the effective date of this Law and having none of documents prescribed in Article 100 of this Law that have a book of status of permanent residence in the locality and are directly engaged in agriculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions, and are certified by the commune-level People’s Committee that the land has been used stably and dispute-free, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.

2. Households and individuals using land and having none of documents prescribed in Article 100 of this Law that have used land stably before July 1, 2004, with no violations of the land law and such land is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

3. The Government shall detail this Article.

Thus, the grant of a certificate of land use rights to households and individuals that are using land and have no documents on land use rights will be carried out in accordance with the above provisions in Vietnam.

Best Regards!