Principles for Issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land

According to Article 135 Land law 2024 – Principles for Issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land

1. A Certificate of land use rights and ownership of assets attached to land shall be issued for each land parcel to the land user or owner of assets attached to land who has demand and fully satisfies the conditions prescribed in this Law. Where a land user is using multiple agricultural land parcels within the same commune, ward, or township and so requests, one Certificate of land use rights and ownership of assets attached to land shall be issued for all such parcels.

2. Where a land parcel is under the joint use rights of multiple persons or a property attached to land is under joint ownership of multiple persons, each person shall be issued with a separate Certificate of land use rights and ownership of assets attached to land; in cases where co-users of land use rights or co-owners of assets attached to land so request, one common Certificate shall be issued and handed to a representative.

3. A Certificate of land use rights and ownership of assets attached to land shall only be issued after the land user or owner of assets attached to land has fulfilled financial obligations in accordance with law.

   In cases where the land user or owner of assets attached to land is not subject to financial obligations, or is exempted, or has such obligations deferred, the Certificate shall be issued after the competent authority determines that the person is not subject to, is exempted from, or has such obligations deferred. Where land is leased with annual rental payment, the Certificate shall be issued after the competent authority issues a land lease decision and signs a land lease contract.

   In cases where the land user donates land use rights to the State or donates land use rights to the residential community for construction of public-interest works, for road expansion under planning, or donates land use rights for the construction of gratitude houses, charity houses, or great unity houses attached to land in accordance with law, the State shall be responsible for funding the surveying, adjustment, and updating of cadastral records and issuing Certificates of land use rights and ownership of assets attached to land to such land users; in such cases, the land user shall not bear any costs.

4. Where land use rights or land use rights and ownership of assets attached to land, or ownership of assets attached to land are the joint property of husband and wife, both spouses’ full names shall be recorded in the Certificate, unless otherwise agreed by the spouses that one person’s name shall be recorded as representative.

   Where land use rights or land use rights and ownership of assets attached to land, or ownership of assets attached to land are the joint property of husband and wife but the issued Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of house ownership, Certificate of ownership of construction works, or Certificate of land use rights, house ownership and other assets attached to land, or Certificate of land use rights and ownership of assets attached to land only records the name of either spouse, the Certificate shall be reissued to include the names of both spouses upon request.

5. Where the land parcel is under the land use rights of a household, one Certificate of land use rights and ownership of assets attached to land shall be issued, recording the full names of all household members who share such land use rights, and shall be handed to a representative. Where household members sharing land use rights so request, one Certificate may be issued recording the name of the household representative and shall be handed to that representative.

   Determination of household members sharing land use rights to be recorded in the Certificate shall be based on their mutual agreement, and they shall be legally responsible therefor.

6. Where there is a discrepancy in land area between actual measurement and the area recorded in the documents prescribed in Article 137 of this Law or in the issued Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, house ownership and other assets attached to land, or Certificate of land use rights and ownership of assets attached to land, but the boundaries of the land parcel currently in use remain unchanged compared with the boundaries of the land parcel at the time of issuance of the land use right documents or Certificates, and there is no dispute with adjacent land users, then upon issuance or reissuance of Certificates, the land area shall be determined based on the actual measurement.

   Where re-measurement shows that the land parcel’s boundaries have changed compared to those at the time of issuance of land use right documents or Certificates, and the actual measured land area is larger than the recorded area, the additional area shall be considered for issuance of a Certificate of land use rights and ownership of assets attached to land.

   Where the issued Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, house ownership and other assets attached to land, or Certificate of land use rights and ownership of assets attached to land contains inaccurate location data, the Certificate shall be reviewed and reissued.

   Compensation for land upon State expropriation where actual measured land area differs from the area recorded in land use right documents shall be guided by Article 6 of Decree No. 88/2024/ND-CP.

   [Article 6. Compensation for land upon State expropriation where actual measured land area differs from the area recorded in land use right documents]

   Households and individuals using land subject to State expropriation, where actual measured land area differs from the area recorded in the Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights and ownership of assets attached to land (hereinafter collectively referred to as “Certificate”), or in the documents prescribed in Article 137 of the Land Law, shall be compensated as follows:

   1. If the actual measured area is smaller than the recorded area in the Certificate or in the documents prescribed in Article 137 of the Land Law, compensation shall be based on the actual measured area, as provided in Clause 6, Article 135 of the Land Law.

   Where actual measurement has been completed for land expropriation, but subsequently, due to natural disasters, landslides, or subsidence, the land area measured at the time of preparing the compensation, support, and resettlement plan has changed, the measured data shall be used for preparing the plan.

   2. Where the actual measured area is larger than the recorded area in the Certificate or in the documents prescribed in Article 137 of the Land Law, and there is no dispute with adjacent land users, compensation shall be based on the actual measured area, as provided in Clause 6, Article 135 of the Land Law.

   3. Where the Certificate or documents prescribed in Article 137 of the Land Law contain inaccurate location or coordinates, compensation shall be determined based on the actual measured location and coordinates.

7. The Government shall provide detailed regulations on issuance of Certificates of land use rights and ownership of assets attached to land, re-determination of residential land areas, and correction, revocation, or annulment of issued Certificates.

   [This Clause is further guided by Section 2, Articles 37 through 47; Section 4, Articles 49 and 50; Section 5, Chapter III of Decree No. 101/2024/ND-CP.]