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 has not been resolved.

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

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

Conditions and components of LURC issuance documents

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 are no results. Regarding the progress of the file, what documents need to be added to complete the file, we recommend Mr. Duc to contact the one-stop section of the People's Committee of Chieng Pha Commune, Thuan Chau District or the Branch of Land Registration Office in Thuan ChauDistrict for more information.

If the household directly submits the application for a certificate, please contact the one-stop shopping of the People's Committee of Chieng Pha Commune, Thuan Chau District or the department of receiving and returning the results of the People's Committee of Thuan Chau District to submit a dossier. apply for a certificate. The composition of a dossier according to Clause 1, Article 8 of Circular No. 24/2014 / TT- BTNMT of 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 documents 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 limited use rights of adjacent land parcels, there must be a contract or written agreement or decision of the People's Court on the establishment of limited use right of adjacent land parcel, enclosed with a dossier map showing the position and size of the area of ​​the parcel of land that users of the adjacent parcel of land have limited use rights.

Determination of land use levies

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

Arcording 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 did not mention the construction area. However, the Department of Natural Resources and Environment did not specify the land use levy collection of the above case, however, the land use levies may be referenced as follows:

For agricultural land areas (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 (specific limit: Not more than 2 ha for annual crop land, aquaculture land, not more than 30 ha for perennial crop land, and not more than 30 ha for protective and production forest land), In case of households,if a family uses land in excess of the above-stated limit, they must change to renting land.

- For 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 2013 Land Law, the certificate shall be granted as follows:

Article 100. Grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights

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 documents issued before October 15, 1993 in accordance with the Government’s regulations including:

+ Land register book and detailed record book made before December 18, 1980.

+ One of the documents made in the process of land registration under the government’s  Prime Minister's Directive No. 299-TTg dated November 10, 1980 on land measurement, classification and statistical registration 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 lawful; 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 registration of land use rights of the People's Committees of communes, districts or provinces 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.

- Project or list or documents on the migration to build new economic zones, resettlement of people approved by the People's Committee of district, provincial 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 land allocation of People's Committee of district and province; The application for land use is approved and accepted 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 officials and workers to build houses for themselves or build houses 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.

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 has the following provisions:

“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;

b/ For land with non-residential construction facilities, land users need not pay land use levy 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.

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

Assessing fee and dossier for issuance of LURCs are 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 plot to be submitted for the Certificate.

The Department of Natural Resources and Environment requests that Mr. Lo Van Duc's household contact the Branch of Thuan Chau District Land Registration Office for guidance and complete the application file for the Certificate as prescribed.