The Lao Dong Newspaper Legal Consulting Office replied:
Clause 1, Article 10 of the 2024 Land Law stipulates the determination of land types based on one of the following grounds:
a) Certificate of land use rights; Certificate of house ownership and land use rights; Certificate of land use rights, house ownership rights and other assets attached to land; Certificate of land use rights, ownership rights of assets attached to land;
b) Documents on land use rights as prescribed in Article 137 of this Law in cases where a certificate has not been granted as prescribed in Point a of this Clause;
c) Decision on land allocation, land lease, and permission to change land use purpose of competent state agencies in cases where a certificate has not been granted as prescribed in Point a of this Clause.
Clause 2, Article 10 of the 2024 Land Law stipulates: In cases where there are no documents specified in Clause 1 of this Article and in cases where the type of land determined on the issued documents is different from the land classification according to the provisions of this Law or different from the current status of land use, the determination of the land type shall comply with the Government's regulations.
Thus, the determination of land type will be based on the above grounds.
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