Understanding Land Use Rights and Certificates in Vietnam: What You Need to Know
When are Land Users Denied Land Use Rights Certificates?
Land users are denied Land Use Rights Certificates in the following circumstances:
– Agricultural land used for public purposes as per Article 179.
– Land allocated for management purposes, as stated in Article 7, except when used alongside land allocated for management with a decision from the competent state agency.
– Leased or subleased land from a land user, except when leased from an investor who constructs and trades infrastructure with an approved project.
– Land under contract, except when recognized for land use rights as per point a, clause 2, Article 181.
– Land subject to a state agency’s decision to retrieve it, unless more than three years have passed without execution.
– Land under dispute, sequestration, or other enforcement measures as per civil execution law; land use rights subject to provisional emergency measures as per the law.
– Organizations that are allocated land by the state without payment for public, non-commercial purposes.
When are Assets on Land Denied Certificates of Ownership?
– Assets on land where the land plot falls under the circumstances mentioned in Clause 1 of this Article, or does not meet the conditions for the grant of land use rights certificates and ownership of assets attached to the land.
– Temporary housing or structures built during the construction of the main structure or temporary structures made of reed, bamboo, thatch, or earth; auxiliary structures outside the main structure’s scope that serve to manage, use, and operate the main structure.
– Assets on land that has been notified or decided to be cleared or has had a decision to retrieve the land by a competent state agency, unless more than three years have passed without execution.
– Housing or structures built after the announcement of a construction ban; structures encroaching on the boundary protection of technical infrastructure works, historical-cultural relics that have been ranked; assets attached to the land created after the planning has been approved by the competent authority, and these assets do not conform to the approved planning at the time of granting the certificate of land use rights and ownership of assets attached to the land, except for the owners of houses and structures. not a house as prescribed in Articles 148 and 149 of this Law has a construction permit with a term as prescribed by the law on construction;
– State-owned assets, except for assets that have been identified as part of the State’s capital contribution to enterprises as guided by the Ministry of Finance.
– Assets attached to the land that do not fall under the cases prescribed in Articles 148 and 149 of this Law.
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