According to Article 151 Land Law 20223 – Cases in which a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall not be issued
1. Land users shall not be issued with a Certificate of land use rights and ownership of assets attached to land in the following cases:
a) Agricultural land used for public purposes in accordance with Article 179 of this Law;
b) Land allocated for management as prescribed in Article 7 of this Law, except where the allocated land is used in common with land allocated for management, in which case a Certificate of land use rights and ownership of assets attached to land shall be issued for the land area used pursuant to a land allocation or lease decision of a competent state authority;
c) Leased or sub-leased land from another land user, except in cases of leasing or sub-leasing land from an infrastructure development and business investor, consistent with the investment project approved by a competent authority;
d) Contracted land, except where land use rights are recognized in accordance with Point a, Clause 2, Article 181 of this Law;
dd) Land subject to a land recovery decision of a competent state authority, except where more than 03 years have elapsed since the issuance of the recovery decision without implementation;
e) Land under dispute, under distraint, or subject to other measures to secure enforcement of judgments under the law on civil judgment enforcement; land use rights subject to temporary emergency measures under law;
g) Land allocated by the State without land use levy to organizations for public purposes not intended for business.
2. Assets attached to land shall not be issued with a Certificate of land use rights and ownership of assets attached to land in the following cases:
a) Assets attached to land where the land parcel falls under cases in which no Certificate is issued as provided in Clause 1 of this Article, or where the land does not satisfy conditions for issuance of a Certificate of land use rights and ownership of assets attached to land;
b) Houses or constructions built temporarily during the construction of the main work, or temporarily built of rudimentary materials such as thatch, bamboo, leaves, or soil; auxiliary constructions located outside the scope of the main work and serving only the management, use, and operation of the main work;
c) Assets attached to land where a notice or decision of clearance or a land recovery decision has been issued by a competent state authority, except where more than 03 years have elapsed since the issuance of such notice or decision without implementation;
d) Houses or constructions built after the announcement of a construction ban; constructions encroaching upon protection boundaries of technical infrastructure works, or ranked historical–cultural relics; assets attached to land created after the approval of a planning scheme by a competent authority but inconsistent with such approved planning at the time of issuance of the Certificate of land use rights and ownership of assets attached to land, except where the owner of the house or non-residential construction under Articles 148 and 149 of this Law holds a definite-term construction permit under the law on construction;
dd) Assets owned by the State, except where such assets have been determined as State capital contributed to an enterprise in accordance with guidance of the Ministry of Finance;
e) Assets attached to land not falling under the cases prescribed in Articles 148 and 149 of Land Law 2023.
