What To Do With Expired Certificates of Land Use Rights

At present, a significant number of individuals don’t pay enough attention to the valid period of land use rights, resulting in the issue of expired land use rights certificates. Therefore, how should this predicament be addressed? Furthermore, what exactly is a land use right certificate? Discover the solutions to the question “What To Do With Expired Certificates of Land Use Rights” by exploring the article below, provided by NT INTERNATIONAL LAW FIRM.

What is a Certificate of Land Use Rights?

Legal Basis:

• Land Law of Vietnam 2013 (specifically Clause 16, Article 3).

Definition:

The Land Use Rights Certificate is a legal document issued by the State to officially recognize and confirm the following rights of its holder:

• Land use rights: This grants the holder permission to use the land for a specified purpose and duration.
• House ownership rights: If a house is built on the land, the certificate confirms ownership of the house.
• Ownership of other assets attached to the land: This includes any additional structures or improvements built on the land, such as fences, sheds, or wells.

Function:

The Land Use Rights Certificate serves as crucial legal proof of ownership and rights associated with a specific land parcel. It plays a vital role in:

• Protecting the rights of landowners.
• Facilitating land transactions, such as buying, selling, or mortgaging.
• Providing a basis for land taxation and other administrative procedures.

Name and Terminology:

The Land Law 2013 and subsequent guiding documents continue to use the term “Certificate of Land Use Rights, house ownership and other assets attached to land.” This emphasizes the comprehensive nature of the document and the various rights it confirms.

Summary:

The Land Use Rights Certificate is a fundamental legal document in Vietnam, safeguarding and documenting the rights of individuals and entities concerning land ownership and associated assets.

What To Do With Expired Certificates of Land Use Rights

Time-frame for granting land use rights certificates

Legal Basis:

• Point p, Clause 2, Article 61 of Decree No. 43/2014/ND-CP, amended and supplemented by Clause 2, Article 40 of Decree No. 01/2017/ND-CP.

Timeframes:

• 7 days: For issuing a new Land Use Rights Certificate, House Ownership Certificate, or Construction Work Ownership Certificate.
• 50 days: For granting land to multiple land users simultaneously, requiring re-measurement and map redrawing.

Issuing Agency:

• The Department of Natural Resources and Environment issues Certificates in the following cases:
  • Localities with established Land Registration Offices.
  • Organizations, religious establishments, Vietnamese people residing abroad with investment projects, foreign individuals and organizations, and foreign-invested enterprises.
• The District People’s Committee issues Certificates in the following cases:
  • Localities without established Land Registration Offices.
  • Individuals, households, residential communities, and Vietnamese people residing abroad owning houses associated with residential land use rights in Vietnam.

Certification of Housing Ownership and Other Assets:

• Land Registration Office or its branch carries out the certification.
• Provincial People’s Committee decides on implementation procedures.

Authorization for Certificate Issuance:

• Authorized entities are specified in Clause 1, Article 105 of the Land Law 2013 and relevant regulations of the Department of Natural Resources and Environment.

Summary:

The timeframe for granting Land Use Rights Certificates varies depending on the specific case and the issuing agency. However, the regulations aim to ensure a timely and efficient process for land ownership documentation and recognition.

Time limit for granting land use rights certificates

With expired Certificates of Land Use Right, can you make a transfer?

Legal Basis:

• Article 188 of the 2013 Land Law of Vietnam

Conditions for Transferring Land Use Rights:

According to Article 188, individuals can only transfer land use rights if they meet the following conditions:

• Possession of a valid Land Use Rights Certificate: This is mandatory, except for specific cases mentioned in Clause 3, Article 186, and inheritance cases outlined in Clause 1, Article 168.
• Absence of Land Disputes: The land must be free from any ongoing or unresolved disputes regarding ownership or use.
• No Distraint on Land Use Rights: The land use rights must not be seized or encumbered to enforce a judgment.
• Valid Land Use Term: The land use term must still be in effect.

Expired Land Use Rights:

Based on this information, transferring agricultural land with an expired Land Use Rights Certificate is not allowed. It is essential to extend the land use rights before proceeding with the transfer.

Procedure for Extending Land Use Rights:

1. Application: Submit an application to the People’s Committee of the commune/ward where the land is located.
2. Verification: The People’s Committee will verify the application and land information.
3. Decision: The Department of Natural Resources and Environment will issue a decision on the land use rights extension.
4. Payment: Pay the land use fees for the extended period.
5. New Certificate: The Land Registration Office will issue a new Land Use Rights Certificate with the updated term.

Transferring Land after Extension:

Once the land use rights are extended and a new certificate is issued, individuals can proceed with the land transfer process, provided they meet all other legal requirements.

Conclusion:

To transfer agricultural land, a valid Land Use Rights Certificate is essential. Expired certificates require a mandatory extension process before any transfer can occur. Following the proper procedures ensures a smooth and legal transfer of land ownership.

With expired Certificates of Land Use Right, can you make a transfer?

The procedure and the required documents for requesting to extend land use period

Legal Basis:

• Article 74 of Decree No. 43/2014/ND-CP on guidelines for implementing the Land Law 2013.

Procedure:

1. Application Submission:

   • Location: Submit application to the Environmental Resources Agency.
   • Documents: 
     • Type 1: Extension outside economic zones and high-tech zones: 
       • * Application for registration of changes in land and assets attached to land (Form No. 09/DK). 
       • * Original issued Land Use Rights Certificate. 
       • * Copy of the Additional Investment Decision, Investment Certificate, or Investment License showing the project term or adjustment.
       •  * Documents confirming fulfilled financial obligations (if any). 
     • Type 2: Confirmation of continued agricultural land use after expiration: 
       • * Application for registration of changes in land and assets attached to land (Form No. 09/DK). 
       • * Original issued Land Use Rights Certificate.

2. Appraisal of Land Use Needs:

   • Responsible Agency: Natural Resources and Environment Agency.
   • Process:
     • Assess land use needs of the applicant.
     • If eligible for extension:
       • Send cadastral information to the tax authority for financial obligation determination.
       • Submit to the People’s Committee for a land use extension decision.

3. Submission of Certificate and Completion Documents:

   • Required Documents:
     • Issued Land Use Rights Certificate.
     • Documents proving financial obligations have been fulfilled.
   • Submission Agency: Natural Resources and Environment Agency.

4. Issuance and Delivery of Certificate:

   • Agency Responsible: Land Registration Office.
   • Process:
     • Confirm extension of land use in the Certificate.
     • Revise and update cadastral records and land databases.
     • Hand over the Certificate to the grantee.
     • If application submitted at commune level, send the Certificate to the Commune People’s Committee for re-delivery.

5. Land Recovery in Case of Ineligibility:

   • Responsible Authority: Competent authority.
   • Process:
     • Notify the land user.
     • Carry out land recovery procedures per the 2013 Land Law.

Summary:

The procedure for extending land use rights involves submitting an application with relevant documents, undergoing an appraisal, fulfilling financial obligations, and receiving an updated land use certificate. In case of ineligibility, land recovery procedures may be initiated.

The procedure and the required documents for requesting to extend land use period

Time-frame for extending land use period

Legal Basis:

• Point e, Clause 2, Article 61 of Decree No. 43/2014/ND-CP, amended and supplemented by Decree No. 01/2017/ND-CP.

Timeframe:

• 7 working days: This is the maximum time allowed for the competent State land management agency to process and respond to applications for extending land use periods.
• This timeframe begins once the agency receives the complete application set, including:
  • Declaration form determining land use period and confirming the land use declaration.
  • Application to extend the agricultural land use period (or relevant forms for other land types).
  • Any other required documents specified by the agency.

Summary:

Individuals seeking land use period extensions can expect a decision within 7 days of submitting a complete application. This legal requirement ensures a timely and efficient process for land use management.

Time-frame for extending land use period

NT International Law Firm has addressed the question of what to do with expired Certificates of Land Use Rights. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land