Conditions for being granted a Certificate and not having to pay land use levy
Wed, 08 Mar 2023 13:38:00 | Print | Email Share:
Ms. Tran Thi Hoang Ha (Da Nang) requested the competent authority to answer the case where the provisions of Point b, Clause 1, Article 100 of the Land Law 2013 on granting a certificate of land use rights and do not have to pay land use levy.
Ms. Ha referred to Point b, Clause 1, Article 100 of the 2013 Land Law:
"1. Households and individuals that are using land stably and possess one of the following papers shall be granted a Certificate of land use rights and ownership of houses and other land-attached assets and without paying land use levy:
… b) A provisional certificate of land use right issued by a competent state agency or named in the land register or cadastral book before October 15, 1993".
She asked, so the above regulation is understood as just having a temporary certificate of land use right issued by a competent state agency or a temporary certificate of land use right issued by a competent state agency. The grantor must satisfy the conditions to be granted before October 15, 1993, to be granted a certificate of land use rights, ownership of houses and other land-attached assets and without having to pay land use levy?
If there is a temporary land use right certificate issued by a competent state agency after October 15, 1993 and before the effective date of the 2013 Land Law, the land is currently being used by individuals or stable households, long-term, no dispute, can the provisions of this point apply and do not have to pay land use fees?
The Ministry of Natural Resources and Environment responded to this issue as follows:
According to the provisions of Point b, Clause 1, Article 100 of the Land Law, households and individuals that are using land on a stable basis have a temporary land use right certificate issued by a competent state agency or are named in the Land Law. Land registration books and cadastral books before October 15, 1993, shall be granted certificates of land use rights and ownership of houses and other land-attached assets and are not required to pay land use levies according to regulations specified at Point b, Clause 1, Article 100 of the Land Law.
The above regulations are clear, the Ministry of Natural Resources and Environment provides information related to the provisions of the law on land for her to refer to.
By: According to Chinhphu.vn (Government Newspaper)/Translator: LeAnh-Bizic
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