Is reclaimed land entitled to ownership and construction?

f/ The document on land use rights issued by a competent authority of the former regime to land users;

g/ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

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.

5. Communities using land with communal houses, temples, shrines, hermitages, worship halls or ancestral temples; agricultural land prescribed in Clause 3, Article 131 of this Law, and that land is dispute-free and is certified as the land used commonly by the community by the commune-level People’s Committee, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

In case of your family does not have one of the above documents as prescribed in Article 100 of Law on Land 2013 but is still eligible to apply for the certificate of land use rights if your family meets the conditions specified in Clauses 1, 2 Article 101 of Law on Land 2013: 

1. Households and individuals using the land prior to the effective date of this Law and having none of documents prescribed in Article 100 of Law on Land 2013 that have a book of status of permanent residence in the locality and are directly engaged in agriculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions, and are certified by the commune-level People’s Committee that the land has been used stably and dispute-free, 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.

2. Households and individuals using land and having none of documents prescribed in Article 100 of Law on Land 2013 that have used land stably before July 1, 2004, with no violations of the land law and such land is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

If falling into one of the above cases, you can contact the district-level People’s Committee, the district-level land registration Office to carry out procedures to apply for the issuance of the certificate of land use rights to your family’s land. In case of being rejected, you can file a lawsuit in Court to request recognition of land use rights for your family. 

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you. 

Lê Quân – FDVN Law Firm