Granting a Certificate of land use rights for land used since before 1993?

Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets

Land used before 1993 will be considered to be granted a Land Use Rights Certificate (red book) if it meets the conditions and documents prescribed by law.

Answer

1. In case the land has documents on land use rights

According to Clause 1 Article 100 Lanđ Law 2013, Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:

- The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy;

- Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

- The document on the transfer of land use rights or purchase of residential land-attached houses before  October 15, 1993, and such houses were certified as being used before  October 15, 1993, by the commune-level People’s Committee;

- The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

- The document on land use rights issued by a competent authority of the former regime to land users;

- Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

2. In case the land has no documents on land use rights

According to Clause 2 Article 101 Lanđ Law 2013, Households and individuals using land and having no documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets if they meet the following conditions:

- Have used land stably;

- No violations of the land law

- Is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies

Thus, in case your family uses land stably, dispute-freely but without documents, if it meets the above conditions, it will be considered for being granted a “red book”.

Case 2: Households and individuals did violate Lanđ Law

According to Clause 2 Article 6 Decree No. 45/2014/ND-CP, Residential land-using households and individuals that, at the time of starting the use of land, committed one of the violations specified in Article 22 of the Decree No. 43/2014/ND-CP such as encroaching, occupying, etc, shall, upon grant of certificates of residential land use rights:

“Residential land-using households and individuals that, at the time of starting the use of land, committed one of the violations specified in Article 22 of the Government’s Decree detailing a number of articles of the Land Law, shall, upon grant of certificates of residential land use rights, pay 50% of land use levy for the land area within the recognition quota for residential land calculated based on the land price specified in the Land Price Table;

or pay 100% of land use levy calculated based on the land price specified at Point b or c, Clause 3, Article 3 of this Decree for the land area exceeding the recognition quota for residential land at the time of issuance of a decision on recognition of land use rights by a competent state agency

Users of land with non-residential construction facilities shall, upon grant of certificates of the rights to use non-agricultural production and business land as land allocated by the State with land use levy for a long term, pay 50% of land use levy calculated based on the land price specified at Point b or c, Clause 3, Article 3 of this Decree, for the non-agricultural production and business land with the longest use term as prescribed in Clause 3, Article 126 of the Land Law at the time of issuance of a decision on recognition of land use rights by a competent state agency. "

Thus, if a land user commited a violation of land law, when being granted a certificate of land use rights, determining the payment obligation and specific payment amount are based on the cases.

In conclusion, if you have stably used land since before October 15, 1993 (the effective date of the 1993 Land Law) and has one of the documents specified in Article 100 of the 2013 Land Law, Article 18 of Decree No. 43/2014/ND-CP, there will be no need to pay land use levy when being granted the “red book”.

In case you have stably used land since before October 15, 1993 without the documents specified in Article 100 of the 2013 Land Law, the land user may not have to pay land use levy or pay 50% Land use levy calculated based on the land price at the time of recognition of land use rights as prescribed by the Provincial People's Committee, depending on each specific case

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