Under Article 19 of Decree No. 43/2014 / ND-CP detailing the implementation of the Land Law stipulates: The absence of certificate of land use rights and assets attached to the land as follows:
Organizations and community land allocation by the State to manage under the circumstances specified in Article 8 of the Law on Land.
Who are managing, use of agricultural land belonging to public land fund of the communes, wards and towns.The tenant, who rented land from land use, unless the lease or sublease of investors building business infrastructure in industrial zones, industrial parks, export processing zones, high-tech zone , economic sector.
Who receive land in farms, forestry farms, enterprises of agriculture, forestry, management of protection forests and special-use forest management boards.
Who are using the land is not eligible for certificates of land use rights, ownership of houses and other assets attached to the land.
Land users are eligible for certificates of land use rights, ownership of houses and other assets attached to the land but has announced a decision to withdraw the land or the state agency having jurisdiction.
Organizations, communal People’s Committee assigned land by the State without collection of land use fees for use for the purpose of building public works including roads, water projects, resulting gasoline, oil, and gas; electricity transmission lines, the transmission of information; area outdoor recreation; cemetery, graveyard no business purpose.
Papers eligible to be granted certificates of land use rights, ownership of houses and other assets attached to the land under the 2013 Land Law.
As stipulated in Article 100 of the Land Law of 2013. Households and individuals are using stabilized soil which has one of the following documents shall be issued a certificate of land use rights, house ownership and other assets attached to the land and not pay land use fees:
“A) The papers on land use rights before October 15, 1993 by the competent authorities in the course of implementation of the land policy of the State of North Vietnam, the Provisional Revolutionary Government the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
b) Certificate of land use temporary agency competent State or registered in the register of land, cadastral register before October 15, 1993;
c) legal papers on inheritance or donation of land use rights or assets attached to land; home delivery papers gratitude, love attached to the land;
d) Papers transfer of land use rights, house purchase tied to the land prior to October 15, 1993 by commune-level People’s Committees confirmed as having been used before October 15, 1993;
e) Papers liquidation and sale of houses attached to residential land; papers to buy houses under state ownership in accordance with the law;
e) Documentation of land use rights by the competent authorities of the former regime for land use;
g) other documents established before October 15, 1993 as stipulated by the Government. ”
Households and individuals currently using land with one of the documents specified in paragraph 1 of this Article in writing stating the name of another person, together with papers on land use right transfer signed by the stakeholders, but before this law comes into effect yet implemented procedures for transfer of land use rights as prescribed by law and there is no dispute that the land will be granted certificates of land use rights, ownership of houses and other assets attached to the land and not pay land use fees.
Residential communities are using land with works being communal houses, temples, shrines, from the road, their churches; agricultural land specified in Clause 3 of Article 131 of this law and the land is not disputed, is the People’s Committee of the commune where the land is identified as land use for the community will be granted use rights certificate land, housing ownership and other assets attached to the land.