1. Documents used as a basis for granting land use rights certificates:

According to current regulations, the documents used as a basis for granting land use rights certificates are prescribed in the 2013 Land Law as follows:

For the first case: having land documents:

Pursuant to the provisions of Article 100 of the 2013 Land Law, when households and individuals use land stably and have one of the following documents, the competent authority will issue a Certificate of Use Rights. land, ownership of houses and other assets attached to land without having to pay land use fees:

– For documents on land use rights before October 15, 1993 issued by competent authorities during the implementation of land policy of the State of the Democratic Republic of Vietnam, the Forest Revolutionary Government. period of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;

– Temporary land use rights certificate issued by a competent authority or listed in the Land Registration Book or Cadastral Book before October 15, 1993;

– Legal documents related to inheritance, donation of land use rights or assets attached to land; documents for handing over charity houses and charity houses attached to land;

– Documents transferring land use rights or documents for buying and selling houses attached to residential land before October 15, 1993, certified by the Commune 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 the provisions of law;

– Documents related to land use rights issued by competent agencies under the old regime to land users;

For the second case: No land documents:

In cases where there are no land documents, individuals and households will only be granted land use rights certificates in the following two cases:

– The first:Individuals and households that are using land before the effective date of the 2013 Land Law without the documents specified above but individuals and households have permanent residence in localities and regions. Directly produce agriculture, forestry, aquaculture, and salt making in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions,now If 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, they will be granted a Certificate of land use rights, ownership of houses and other assets attached to the land and do not have to pay land use fees.

– Monday:In cases where there are no papers on land but are not located in areas with difficult socio-economic conditions or areas with particularly difficult socio-economic conditions, a certificate of use rights will be issued. Before July 1, 2004, individuals and households used land stably and did not violate land laws, and is now certified by the Commune People's Committee as non-disputed land and in accordance with the law. Land use planning, detailed urban construction planning, and rural residential area construction planning have been approved by competent state agencies. For places that already have planning, a Certificate of Rights will be issued. land use, ownership of houses and other assets attached to land.

2. Procedure for granting land use rights certificates?

Step 1:Submit

Pursuant to the provisions of Article 70 of Decree 43/2014/ND-CP, the place to submit applications for procedures for granting land use rights certificates is prescribed as follows:

– Individuals and households directly submit applications to the People's Committee of the commune, ward or town where the land is located if needed.

– Individuals and households do not submit applications to the People's Committee of the commune, ward or town where the land is located.

– Localities with one-stop departments will submit applications and receive results at the one-stop department.

– For localities that have not yet established a one-stop shop, applications will be submitted directly to the land registration agency (branch of the land registration office of the district, district, town, or city of the province or city). city ​​in a centrally run city or submitted to the Land Use Rights Registration Office if there is no Land Registration Office Branch).

Step 2:Receiving records

– In case of receiving incomplete documents and not paying fees, within a maximum of 03 days, the agency receiving and processing documents will notify and guide the applicant to supplement and complete the application. profile.

– After receiving all documents, the receiving agency will have to record all information in the application receipt book and set a date to return the results.

Step 3:Resolve documents

During this period, upon receiving a payment notice from the tax authority, the applicant will be responsible for paying the correct amount, within the time limit as notified, and retaining documents to fulfill financial obligations. Present when receiving the Certificate.

Step 4:Return results

After completing the above procedures, within 03 working days from the date of completion of the procedures, the Certificate will be returned.

– Time for implementation: No more than 30 days from the date of receiving valid documents.

For cases in mountainous communes, islands, remote areas, and areas with difficult socio-economic conditions, the time for granting the first Certificate of Land Use Rights is increased by 15 years. day.

3. Conditions to be granted a Land Use Rights Certificate:

Pursuant to the provisions of Article 99 of the 2013 Land Law, the State will issue Certificates of land use rights, ownership of houses and other assets attached to land for the following cases:

– The current land user has all the conditions to be granted a Certificate of land use rights, ownership of houses and other assets attached to land according to the provisions of Articles 100, 101 and 102 of the Land Law. 2013;

– People who are eligible to be allocated or leased land by the State after July 1, 2014;

– People who are converted, receive transfers, inherit, receive land use rights as gifts, or receive capital contributions using land use rights; the recipient of land use rights when a mortgage contract using land use rights is processed to collect debt;

– People who are entitled to use land according to the results of successful conciliation of land disputes; according to a judgment or decision of the People's Court, a judgment enforcement decision of a judgment enforcement agency, or a decision to resolve disputes, complaints, or denunciations about land of a competent state agency that has been implemented. onion;

– The winner of the auction for land use rights;

– People who are allowed to use land in industrial parks, industrial clusters, export processing zones, high-tech zones, and economic zones;

– People who buy houses and other assets attached to land;

– People whose houses attached to residential land are liquidated and valued by State agencies; buyers of state-owned housing;

– People who are allowed to use land to separate or combine plots; Groups of land users or household members, couples, land use organizations split or merge existing land use rights;

– The land user requests the competent authority to replace or reissue the lost Certificate.

Legal documents used in the article:

– Land Law 2013;

– Decree 43/2014/ND-CP Detailing the implementation of a number of articles of the Land Law.