Regulations On The Granting Of Land Use Right Certificates For Additional Land Areas

The Government has issued Decree 1 in 2017 on the amendment and a supplement to a number of law articles on the implementation of the Land Law including the granting of the certificate of land use right, house ownership and other assets attached to land for the increasing area of land.

The Decree was amended and added to some articles of Decree 43/2014 / ND-CP dated May 15th 2014 on the implementation of some articles of the Land Law, to those of Decree 44/2014 / ND-CP dated May 15th 2014 on land price and to those of Decree 47/2014 / ND-CP dated May 15th 2014 on compensation, support and resettlement when the State recovers land.

See more: Confused Tangle Of Land Use Fees

Specifically, to be compared with the Decree 43/2014/ ND-CP, Decree 01/2017/ ND-CP was supplemented some regulations on the granting of the land use right certificate, the ownership of house and other assets associated with land for the area of land increasing compared to that in the land use right certificate or the house ownership certificate.

Land use regulation

In case of re-survey, if the land area falls into one of two following situations, it will be considered to issue a certificate of land use right or house ownership and other assets attached to land for the increasing land area. First, the actual land area is more than the area stated in the granted certificate or the land use right certificate in accordance with Article 100 of the Land Law, Article 18 of this Decree, and second, the land boundary changes compared with that at the time of issuance of its certificate or paper on land use right.

Specifically, when the land area increased due to the transfer, inheritance or donation the granted land use right, the procedure for transfer, inheritance or donation shall be carried out for the increasing land area in accordance with Article 79, Clause 2 of Article 82; or the procedures for the renewal of certificate of the original land (the land without the additional land area) at the provisions of Article 76 of this Decree shall be done in case where the original land having a granted certificate has not required the land user to carry out procedures for the consolidation of the land.

In case that the increasing land area by transferring, inheriting or donating the land use right before July 1 2014 shall contain the land use right paper prescribed in Article 100 of the Land Law, Article 18 of this Decree shall carry out procedures for the first issuance of the additional land area as provided for in Article 70 or procedures for the renewal of the certificate of the original land under the provisions of Article 76 of the Decree (if the original land has been issued a certificate).

The land registration office shall be responsible for certifying the application for re-issuance or replacement of the certificate of land use right, ownership of houses and other assets attached to land for increasing land area. Then, it sends the cadastral information to the tax office for the submission of the certificate, the updating and adjustment of the cadastral file and the land database for the whole area of the land in use and grants the certificate to the applicant or the commune-level People’s Committee for handover in case the dossier submitted to the commune-level People’s Committee.

In cases where the increasing land area has had papers on the land use right as provided for in Article 100 of the Land Law and Article 18 of this Decree, the following solutions shall be complied with:

– If the land user does not violate the Land Law, the consideration and settlement of the land use right certificate, the ownership of the house and other assets attached to land for the increasing land area shall comply with the provisions of Article 20 of this Decree.

Regulation on land use tax

– If the land user violated the Land Law before July 1, 2014, the consideration and granting of the land use right certificate, house ownership and other assets attached to land for the additional land area shall comply with the provisions of Article 22 of this Decree.

– If the land area increases because the land user is illegally handed over its use right before the date of July 1, 2014, the consideration and granting of a land use right certificate, house ownership and other assets attached to land for the increasing land area shall comply with the provisions of Article 23 of this Decree.

Under Clause 6 of Article 23, in case that the applicant for a certificate of land use right, house ownership and other assets attached assets to land is assigned having no jurisdiction before July 1, 2004 , the land is not in dispute and in accordance with the plan but at the time of issuance of the Certificate of Residential Housing or No Residential Housing, the land shall be considered for issuance of the Certificate and fulfill the financial obligations as prescribed.

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