Documents considered as land use right documents
Mon, Dec 22, 2025, 14:54:00
Mr. Nguyen Van Tuyen (Ninh Binh) asks: A land transfer document for house construction, certified in 1989, has now been certified by the commune chairman, confirming that the land purchased in 1989 is residential land. Therefore, when applying for the first-time issuance of a land use certificate, is there sufficient basis to apply point d, clause 1, Article 100 of the 2013 Land Law (or point d, clause 1, Article 137 of the 2024 Land Law)?
The document bears the name of another person, and is accompanied by a sales contract with the signatures of the relevant parties. Therefore, according to clause 2, Article 100 of the 2013 Land Law (or clause 5, Article 137 of the 2024 Land Law), is it correct that a land use certificate can be issued in this case without having to pay land use fees? At the same time, can Clause 2, Article 11 of the 2013 Land Law (or Clause 2, Article 10 of the 2024 Land Law) be applied to recognize the land as residential land?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of your complaint is a specific matter falling under the jurisdiction of the local authorities and requires consideration and resolution based on archived records and specific regulations issued by the local authorities to implement the Land Law; therefore, the Ministry has no basis to respond. The Ministry would like to state some principles as follows:
Point d, Clause 1, Article 137 of the 2024 Land Law stipulates that documents transferring land use rights and buying and selling houses attached to residential land, now confirmed by the People's Committee of the commune as having been used before October 15, 1993, are among the documents concerning land use rights.
Clause 5 of Article 137 of the 2024 Land Law stipulates: "5. Households and individuals currently using land who possess one of the types of documents specified in Clauses 1, 2, 3, and 4 of this Article, but which bear the name of another person, along with documents regarding the transfer of land use rights, but have not completed the land use right transfer procedures as prescribed by law before the effective date of this Law, and the land is not subject to disputes, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land; and shall fulfill financial obligations as prescribed by law."
The determination of land type is carried out according to the provisions of Article 10 of the 2024 Land Law, specifically point b, Clause 1, Article 10, which stipulates that one of the bases for determining land type is the land use right document specified in Article 137 of the 2024 Land Law in cases where a Certificate has not yet been issued.