Article 148. Issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land in respect of Residential Houses:
1. Households and individuals who own residential houses shall be issued with Certificates of land use rights and ownership of assets attached to land when they possess one of the following documents:
a) A residential construction permit or a time-limited residential construction permit in cases where a construction permit is required under the law on construction;
b) A contract for the purchase and sale of a state-owned house under Decree No. 61-CP dated July 5, 1994 of the Government on purchase, sale and trading of residential houses, or documents on liquidation or sale of state-owned houses prior to July 5, 1994;
c) Documents on allocation or donation of gratitude houses, charity houses, or great unity houses;
d) Documents on house ownership issued by competent authorities in various periods, provided that such houses and land are not subject to state ownership under Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly on houses and land managed and allocated by the State in the course of implementing housing and land management policies and socialist transformation policies prior to July 1, 1991, and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly on settlement of certain specific cases concerning houses and land during the implementation of housing and land management policies and socialist transformation policies prior to July 1, 1991;
dd) Documents on purchase, donation, exchange, or inheritance of residential houses certified by a notary public or authenticated by a competent People’s Committee, in cases where the transaction occurred before July 1, 2006.
In cases where residential houses are purchased, donated, exchanged, or inherited from July 1, 2006 onwards, written documents of such transactions must be available in accordance with the law on housing.
In cases where houses are purchased from real estate enterprises investing in construction for sale, there must be a house purchase and sale contract signed by both parties;
e) A court judgment or decision, or a document of a competent State authority having legal effect, that establishes house ownership;
g) Any of the documents specified in Points a, b, c, d, dd, and e of this Clause, where the document bears another person’s name and is not subject to dispute.
2. Where households or individuals own residential houses established prior to July 1, 2006 without any of the documents specified in Clause 1 of this Article, and the houses are not in dispute, they shall be issued with Certificates of land use rights and ownership of assets attached to land.
3. Where households or individuals own residential houses not falling under Clauses 1 and 2 of this Article, and the houses are exempt from construction permits, they shall be issued with Certificates of land use rights and ownership of assets attached to land; in cases where construction permits are required, there must be a written confirmation from the district-level construction management authority that the residential house meets the conditions for existence in accordance with the law on construction.
4. Domestic organizations, economic organizations with foreign-invested capital, and overseas Vietnamese investing in housing construction for business purposes, having documents compliant with the law on housing, shall be issued with Certificates of land use rights and ownership of assets attached to land.
In cases of purchasing, donation, inheritance of residential houses, or ownership of houses through other forms as provided by law, there must be transaction documents in accordance with the law.
5. Where the house owner does not have land use rights with respect to the residential land plot, the issuance of Certificates of land use rights and ownership of assets attached to land shall be carried out as follows:
a) For foreign organizations and foreign individuals owning residential houses in Vietnam, there must be housing transaction documents in accordance with the law on housing;
b) For house owners under the law on housing who do not fall under Point a of this Clause, there must be documents evidencing house ownership as prescribed in this Article, together with a land lease contract, capital contribution contract, business cooperation contract, or a written consent of the land user allowing construction of the house, duly notarized or authenticated in accordance with the law.
6. In cases of mixed-use works as prescribed by law, established on residential land, Certificates of land use rights and ownership of assets attached to land shall be issued with respect to such works or parts thereof; the land use term shall be long and stable.
