News

Conditions for issuing Certificate of land use rights in 2024

0302-2024

Conditions for issuing Certificate of Land Use Rights in 2024

Readers can refer to the regulations on granting a Certificate of land use rights.

Quy định về điều kiện cấp sổ đỏ năm 2024 — Photo: Thach Lam

Issue a certificate when there are documents on land use rights

Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP, documents on land use rights are divided into the following cases:

Case 1: Household has a land use right certificate (document in their name)

According to Clause 1, Article 100 of the 2013 Land Law, households and individuals that are using land stably and have one of the following documents will be granted a land use right certificate and do not have to pay Land Use Levy:

- Before October 15, 1993, documents on land use rights were issued by competent authorities during the implementation of land policy.

- Temporary land use rights certificate issued by a competent state agency or listed in the Land Registration Book or Cadastral Book before October 15, 1993 (the effective date of the 1993 Land Law).

- Documents on inheritance or donation of land use rights or assets attached to land; Documents for charity houses and charity houses are attached to the land.

- Documents for transfer of land use rights and housing purchase and sale certified by the commune-level People's Committee as being used before October 15, 1993.

- Documents for liquidation and valuation of housing attached to residential land; Documents to buy state-owned housing according to law.

- Documents on land use rights issued by competent agencies under the old regime to land users such as Land use papers under the old regime; Real estate purchase and sale documents...

- Other documents established before October 15, 1993.

Case 2: There is a document on land use rights, but the document has another person's name on it

According to Clause 2, Article 100 of the 2013 Land Law, households and individuals are granted certificates and do not have to pay Land Use Levy if they meet the following conditions:

+ The land is used as one of the documents on land use rights, but that document is in the name of another person. It is accompanied by documents on the transfer of land use rights with the signatures of the relevant parties.

+ However, before July 1, 2014, the procedure for the transfer of land use rights had not been carried out

+ No disputes.

Case 3: Households and individuals are allowed to use land according to court judgments and decisions, and conciliation results...

- Households and individuals may use land according to the judgment or decision of the People's Court.

- The judgment enforcement agency decides to execute the judgment.

- Document recognizing successful conciliation results.

- Decisions on resolving disputes, complaints, and denunciations about the land of competent state agencies have been implemented.

Case 4: Households and individuals who are using land allocated or leased by the State from October 15, 1993 - July 1, 2014, but they have not been granted a certificate, will be granted one. In case they have not yet fulfilled their financial obligations, they must do so.

Issuing a certificate of land use rights when the land does not have documents of land use rights

According to Article 101 of the 2013 Land Law, households and individuals without a document of land use rights can still be granted a certificate of land use rights, specifically:

Case 1: Land use levy Not payable

Households and individuals without documents of land use rights are issued certificates of land use rights and do not have to pay land use fees when they meet the following 3 conditions:

- Households and individuals who are using land before July 1, 2014.

- They have permanent residence in the locality and directly engage in agricultural, forestry, fishery, and salt production in areas where socio-economic conditions are difficult and especially difficult.

- The People's Committee of the commune where the land is located confirms that the person has used the land stably and without any disputes.

Case 2: Land use levy can be paid

Households and individuals are granted certificates and can submit land use levies when they meet the following 3 conditions:

- People who are using land without documents of land use rights but the land has been used stably since before July 1, 2004.

- Land is being used without violating land laws.

- The Commune People's Committee confirms that the land has no disputes and is following the plan.

Lưu trang