1. basis for confirming who is the owner of the land, the owner of the house
According to Clause 21, Article 3 of the 2024 Land Law: Certificate of land use rights and ownership of assets attached to land is a legal document for the State to confirm the legal land use rights and ownership of assets attached to land of people with land use rights and ownership of assets attached to land...
According to the above regulations, when a certificate is granted by the State, that certificate will be the basis for determining who has the right to use the land and who is the owner of the property attached to the land.
2. Conditions for exercising transfer rights
Clause 1, Article 45 of the 2024 Land Law stipulates that a Certificate is one of the conditions for exercising the right to convert, transfer, donate, inherit, mortgage, and contribute capital using land use rights.
3. As a basis for compensation when reclaiming land
Pursuant to Article 95 of the 2024 Land Law, the conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests are that land users must have a certificate or one of the documents on land use rights as a basis for granting a Certificate.
4. As a basis for implementing land dispute resolution
According to Clauses 2 and 3, Article 236 of the 2024 Land Law, land disputes are resolved as follows:
- Land disputes that are currently covered by a certificate or one of the documents specified in Article 137 of the 2024 Land Law and disputes over assets attached to land shall be resolved by the People's Court.
- Land disputes that are not subject to a certificate or one of the documents specified in Article 137 of the Land Law, the subject can only choose one of two forms of land dispute resolution according to the following regulations:
+ Submit a request for dispute resolution to the People's Committee of the competent level prescribed in Clause 3 of this Article.
+ file a lawsuit at a competent People's Court in accordance with the provisions of the law on civil proceedings.
Thus, having or not having a certificate is one of the grounds for the disputants to choose the form of land dispute resolution. At the same time, when resolving disputes, the competent authority uses the certificate as one of the bases for resolving them.
5. Red book used as a basis for determining land type
Clause 1, Article 10 of the 2024 Land Law stipulates the determination of land types according to one of the following grounds: Certificate of land use rights; Certificate of house ownership rights and land use rights; Certificate of land use rights, house ownership rights and other assets attached to land; Certificate of land use rights and ownership rights of assets attached to land.
6. As a component of the registration file for changes
Clause 1, Article 133 of the 2024 Land Law stipulates that registration of changes is carried out in cases where a Certificate has been granted but there are the following changes:
Land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, donate land use rights and assets attached to land; contribute capital with land use rights and assets attached to land; lease, sublease land use rights in infrastructure construction and business projects; transfer projects using land.
