Pursuant to Clause 3, Article 140 of the 2024 Land Law, it is stipulated to issue Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land allocated without proper authority.
Land allocated without proper authority to households and individuals according to the provisions of the law on land at the time of allocation or use due to purchase, receipt of liquidation, valuation, and distribution of houses and construction works attached to land that are not in accordance with the provisions of law shall be granted a Certificate of land use rights and ownership of assets attached to land as follows:
- In case the land has been used stably from July 1, 2004 to before July 1, 2014, now confirmed by the People's Committee of the commune where the land is located as not in dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, the Certificate of land use rights and ownership of assets attached to the land will be granted as follows:
a) For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area granted a Certificate of land use rights and ownership of assets attached to the land is equal to the residential land allocation limit.
b) For land plots with houses, houses and works serving life, if the land plot area is smaller than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area shall be determined as the entire area of that land plot.
c) The remaining area (if any) after determining the residential land area according to the provisions of Point a of this Clause shall be recognized according to the current land use status.
Thus, to be granted a Certificate, the following conditions must be met:
- Stable use from 1.7.2004 - before 1.7.2014.
- No disputes.
- In accordance with the planning
At the same time, the land area granted a Certificate is as follows:
(1) For land with houses or houses and works serving life:
- If the land area ≥ the limit for recognizing residential land: The land area recognized is equal to the limit for land allocation.
- If the land area < the limit for recognizing residential land: The entire area of that land plot.
(2) For the remaining area: Determined according to the current status of land use.
