Changes in land registration are one of the new contents of the revised Land Law that many people are interested in, especially regarding the granting of certificates for cases without documents on land use rights.
Accordingly, the revised Land Law has new provisions as follows:
- Legalize the provisions in Decree No. 43/2014 on cases of land use without documents on land use rights, in the following cases: No violation of land law, not subject to land allocation beyond authority; Violation of law; Land allocation beyond authority.
- Supplement the time of application of local regulations on residential land limits (implemented according to regulations at the time the land user submits the application for the Certificate). The State's responsibility in granting the Certificate to registered and eligible cases.
Thus, the provisions in Article 22, Decree No. 43/2014 on handling and granting of Certificates of land use rights, house ownership rights and other assets attached to land for households and individuals using land in violation of land laws before July 1, 2014 have been legalized.
Specifically, Clause 5, Article 22, Decree No. 43/2014 stipulates that people who are using land stably in the cases specified in Clause 1, Point a and Point c Clause 2, Point b Clause 3 of this Article without any dispute will be granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the following provisions:
a) In case the land plot has a house, the residential land area is recognized according to the provisions at Point a, Clause 2, Article 20 of this Decree;
b) In case the land plot has a construction work that is not a house, it shall be recognized according to the provisions at Point b Clause 1 and Point b Clause 2 Article 20 of this Decree;
c) For the land area in use that is determined to be agricultural land, land use rights shall be recognized according to the regime prescribed for the case in Clause 5, Article 20 of this Decree;
d) Land users who are granted Certificates of land use rights, house ownership rights and other assets attached to land as prescribed in this Clause must fulfill financial obligations as prescribed by law.
A plot of land under construction in Hanoi (Photo: Tran Khang).
Previously, according to the provisions of Article 101 of the 2013 Land Law, households, individuals, and residential communities using land without land use right documents will be granted land use right certificates in 2 cases.
Firstly, households and individuals who were using land before July 1, 2014 without the documents specified in Clauses 1, 2 and 3, Article 100 of the 2013 Land Law, have permanent residence in the locality and directly engage in agricultural production, forestry, aquaculture, and salt production in areas with difficult socio-economic conditions or areas with especially difficult socio-economic conditions.
Second, households and individuals using land without the documents specified in Clauses 1, 2 and 3, Article 100 of the 2013 Land Law, but the land has been used stably since before July 1, 2004 and has not violated land laws.
Thus, the time for recognizing land use rights for land without documents in the revised Land Law is extended by 10 years compared to the 2013 Land Law.
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