Pursuant to Article 151 of the 2024 Land Law, the following cases of not being granted a Certificate of land use rights and ownership of assets attached to land are stipulated:
(1) Land users are not granted a Certificate of land use rights and ownership of assets attached to land in the following cases:
- Agricultural land used for public purposes as prescribed in Article 179 of the 2024 Land Law;
- Land allocated for management in cases specified in Article 7 of the 2024 Land Law, except in cases where land is allocated for shared use with land allocated for management, a Certificate of land use rights and ownership of assets attached to land shall be granted for the land area used according to the land allocation or land lease decision of a competent state agency;
- Land leased or subleased from land users, except for the case of leasing or subleasing land from investors in infrastructure construction and business, in accordance with the investment project approved by competent authorities;
- Land received under a contract, except for cases where land use rights are recognized in Point a, Clause 2, Article 181 of the 2024 Land Law;
- Land has had a land reclamation decision of a competent state agency, except in cases where it has been more than 3 years since the date of the land reclamation decision but has not been implemented;
- Land is in dispute, is being seized, and other measures are being applied to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement; land use rights are being applied temporary emergency measures according to the provisions of law;
- Organizations allocated land by the State without collecting land use fees for public purposes not for business purposes.
(2) Property attached to land not granted a Certificate of land use rights and ownership of property attached to land in the following cases:
- Assets attached to land in which the land plot with such assets is not eligible for a Certificate of land use rights and ownership of assets attached to land as prescribed in (1) or does not meet the conditions for a Certificate of land use rights and ownership of assets attached to land;
- Houses or construction works temporarily built during the construction of the main works or temporarily built with paint, bamboo, rattan, leaves, soil; auxiliary works outside the scope of the main works and to serve the management, use, and operation of the main works;
- Property attached to land that has been notified or has been cleared or has been decided to reclaim land by a competent state agency, except in cases where it has been more than 03 years since the date of such notices or decisions but has not been implemented;
- Houses and constructions built after the time of announcing a ban on construction; construction encroaching on or occupying the protection boundary of technical infrastructure works, historical and cultural relics that have been classified; assets attached to land created after the time the planning was approved by the competent authority and the assets created are not in accordance with the planning approved at the time of issuance of the Certificate of land use rights and ownership of assets attached to land, except in cases where the owner of a house or construction work that is not a house as prescribed in Articles 148 and 149 of the 2024 Land Law has a construction permit with a term as prescribed by the law on construction;
- State-owned assets, except in cases where the assets have been identified as State capital contributions to enterprises according to the instructions of the Ministry of Finance;
- Assets attached to land not falling under the provisions of Articles 148 and 149 of the 2024 Land Law.
