Mr. Lo Van Duc's family lived in Chieng Pha Commune, Thuan Chau District, Son Province, had a house built before 1993, currently there is no dispute. Mr. Duc has repeatedly declared for land use right certificates in batches, but so far it has not been resolved.

Mr. Duc would like to ask, what do you need to do to be granted a certificate of land use right (LURC) and what costs dose he need to pay?

Regarding this issue, Department of Natural Resources and Environment of Son La Province answered as follows:

Conditions and components of dossier granting Certificates of land use rights

According to Mr. Lo Van Duc, he has "declared in the application for a certificate of land use right in installments", thus the dossier of issuance of LURCs, ownership of houses and other properties associated with households' land. The communal house was implemented in series with the project, but so far there is no results. Regarding the progress of the dossier, what documents need to be supplemented to complete the dossier, we recommend you to ask Mr. Duc to contact the one-stop shopping of the People's Committee of Chieng Pha Commune, Thuan Chau District or the Branch of District Land Registration Office of Thuan Chau District for more information.

In case a household directly submits a dossier of application for a certificate, contact the one-stop shopping of the People's Committee of Chieng Pha Commune, Thuan Chau District or the section to receive and return the results of the People's Committee of Thuan Chau District to submit a dossier to apply for a certificate. The composition of a dossier according to Clause 1, Article 8 of Circular No. 24/2014 / TT- BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment includes:

- Application for registration, grant of certificate of land use right, ownership of houses and other land-attached assets, made according to Form No. 04 / DK;

- One of the papers specified in Article 100 of the Land Law and Article 18 of Decree No. 43/2014 / ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law in case of registration of land use right;

- One of the papers prescribed in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP in case of registration of ownership of properties attached to land;

In case of registration of ownership of houses or construction works, there must be diagrams of houses and construction works (except for cases where documents on ownership of houses or construction works contain appropriate plans. in accordance with the current status of houses and constructions);

- Documents performing financial obligations; papers related to the exemption and reduction of financial obligations regarding land and properties attached to land (if any);

In case of registration of a limited land use right of an adjacent land parcel, there must be a contract or written agreement or decision of the People's Court on the establishment of limited use right of the adjacent land parcel, enclosed with a dossier map showing the position and size of the area of ​​the parcel of land that the user of the adjacent parcel of land has limited use rights.

Determination of land use levies

The fee mentioned by Mr. Lo Van Duc can be understood as: Land use fee, appraisal fee for granting land use right and cadastral fee and fee for extracting land map (if any).

According to the content of the question Mr. Lo Van Duc mentioned: "The house was built before 1993", so the house was built before January 1, 1993, but does not mention the construction area. However, the Department of Natural Resources and Environment does not specify the land use levy collection of the above case, so, the land use levies may be referenced as follows:

- For agricultural land area (including: land for annual crops, land for perennial trees, forest land and land for aquaculture), there is no need to pay land use fee for the area within the prescribed limit. Article 129 of the Land Law (concretely limits: No more than 2 hectares for annual crops land, aquaculture land, no more than 30 hectares for perennial crop land, not more than 30 hectares for land protection forests, production forests), in case households use land in excess of the above-prescribed limits, they must convert to rent land.

- For the area of residential land (the area of the household applying for a LURC) being used stably and having one of the papers prescribed in Article 100 of the  Land Law2013, the certificate shall be granted as follows:

1. 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 of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

- 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;

- Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

- 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 papers established before October 15, 1993 according to the Government's regulations include:

+ Land inventory books, and detailed record books made before December 18, 1980.

+ One of the documents made in the process of land registration under the Prime Minister's Directive No. 299-TTg dated  November 10, 1980 on the measurement, classification and registration of land statistics throughout the country under the management of State agencies, including: The approval record of the commune-level land registration council, determining that the current land user is legal; A summary of legal land use cases made by the commune People's Committee or communal land registration council or district and provincial land management agencies; An application for registration of land use right in the absence of papers specified at Points a and b of this Clause.

In case the application for land use right registration differs between the time of making the application and the time of certification, the time of making the application shall be calculated according to the earliest time stated in the application;

+ Papers certifying the registered land use right of the People's Committee of the commune, district or provincial level for land users;

+ Document of housing registration declaration certified by the People's Committee of the commune, district or provincial level, which shows the area of ​​land with housing;

+ The papers of the defense units allocating land to cadres and soldiers who build houses before October 15, 1993 according to Directive No. 282 / CT-QP of July 11, 1991 of the Minister of Defense. Such land is suitable to the land use planning for housing of officials and soldiers in the national defense land planning already approved by competent agencies.

- The project or list or documents on the migration to build new economic zones, resettlement of people approved by the district, provincial People's Committee or competent state agencies.

- Papers of state-run farms and forestry farms on allocation of land to laborers in farms or forestry farms for house construction (if any).

- Papers with content about ownership of houses and works; on the construction and repair of houses and works certified or permitted by the district or provincial People's Committees.

- Papers on temporary allocation of land by the district and provincial People's Committees; The application for land use has been approved and approved by the People's Committee of the commune or agricultural cooperative before July 1, 1980 or approved by the district and provincial People's Committee.

- Papers of competent State agencies on land allocation to agencies and organizations to arrange land for cadres and workers to build houses or build houses by themselves to allocate (grade) to officials, employees with capital not belonging to the State budget or constructed by officials and employees themselves. In case of building houses with the State budget capital, the housing funds must be handed over to the local housing management agencies for management and business according to law provisions.

- Copy of documents prescribed in Article 100 of the Land Law and documents specified in Clauses 2, 3, 4, 5, 6 and 7 of this Article certified by the People's Committee of district, province or management agency district and provincial specialized agencies in case the original of this document has been lost and the state agency no longer keeps a record of the management of that type of paper.

2. Households and individuals that are using the land and have one of the documents specified in Clause 1 of this Article bearing the names of other people accompanied by the documents on transfer of land use rights signed by the related parties, but have not performed the procedures for the transfer of land use rights in accordance with law prior to the effective date of this Law, and there is no dispute on that land, 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.

3. Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement of land disputes, complaints or denunciations which was executed, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law. 

4. Households and individuals using land that is allocated or leased by the State from October 15, 1993, to the effective date of this Law and have not been granted a certificate, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.

For cases of paying land use levies, Article 6 of Decree No. 45/2014 / ND-CP dated May 15, 2014 of the Government stipulating the collection of land use levies includes:

“Article 6. Collection of land use levy upon recognition of land use rights (grant of certificates) for households and individuals for land used in a stable manner since before October 15, 1993, without any of the documents specified in Clause 1, Article 100 of the Land Law.

1. Households and individuals that have used land with houses and other construction facilities since before October 15, 1993, and, at the time of starting the use of land, did not commit any 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, pay land use levy as follows:

a/ For land with houses, land users need not pay land use levy for the currently used residential land area within the recognition quota for residential land for each household or individual; for the residential land area exceeding the recognition quota for residential land (if any), land users shall 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 at the time of issuance of a decision on recognition of land use rights by a competent state agency;

2. 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.

Assessing fee for granting land use right and fee for issuing LURC

The fee for evaluation and issuance of LURCs is collected in accordance with Appendix No. 05 attached to Resolution No. 16/2016 / NQ-HDND dated December 14, 2016 of Son La Provincial People's Council.

Certificate issuance fee: Households are exempted from cadastral fee (exempt from certificate issuance fee for rural households and individuals).

There is also a fee for cadastral measurement of the parcel of land, depending on the area and percentage of the map of the plot of land parcel proposed for the issuance of a Certificate.

Department of Natural Resources and Environment recommends Mr. Lo Van Duc's household to contact Thuan Chau District Land Registration Office for instructions and complete the application file for the Certificate as prescribed.