Land Use Certificates Explained
Land Use Certificates, also known as “bằng khoán đất,” are old but still recognized documents in Vietnam. However, not everyone is fully aware of what they entail. Allow Mogi to answer your questions about land use certificates!
What are Land Use Certificates?
Land Use Certificates are documents that certify the right to use residential land. They were prevalent in the past, dating back to the French colonial era, and were valid prior to April 30, 1945.
Many people still possess these documents as they were granted the right to use the land during the French colonial period. According to Circular 02/2-15/TT, they are officially recognized as “bằng khoán điền thổ” or “land-use certificates.”
Key Features of Land Use Certificates
Land Use Certificates (or “bằng khoán điền thổ”) have various key features at different stages:
- In the early 1930s, land use certificates consisted of 16 columns of information (11 on the front and 5 on the back) written in French and using the Latin alphabet.
- By the 1950s, land use certificates were entirely in Vietnamese.
- In terms of size, land use certificates have specific regulations:
- Width: 20cm
- Length: 25cm
- The first page contains information such as the landowner’s name and the authority that issued the certificate.
- Subsequent pages include detailed information such as land area, location, coordinates, page numbers, and adjacent boundaries based on the actual situation.
- The back of the certificate is left blank for additional legal notes regarding land use or ownership transfers.
Like other land-related documents, land use certificates have long-lasting effects. They play a crucial role in transactions, serving as legal evidence of land use rights for authorities to access the basic information and history of the land.
Can Land Use Certificates be Used to Obtain Pink Books?
If you’re wondering whether you can use land use certificates to apply for pink books (certificates of land ownership), the answer is a definite yes. According to Article 100 of the Land Law 2013 and Article 15 of Circular 02/2015/TT, individuals and households who possess any of the documents provided by the previous administration can use them to apply for certificates of land use rights and other assets associated with the land.
Therefore, if you own a land use certificate, it is advisable to apply for more commonly used documents such as pink books or red books. This will make it easier for you to engage in real estate transactions or obtain loans from banks when needed.
Who Can Apply for Land Use Certificates?
Individuals and households who currently use land and possess the documents specified in Section 2, Article 100 of the Land Law 2013 are eligible to be granted land use certificates. The following documents qualify for land use certificates:
- Documents granting land use rights before October 15, 1993, issued by the authorized agency during the land policy implementation by the State.
- Temporary land use certificates issued and approved by the competent state agency or listed in the Register of Land or the Land Administration before October 15, 1993.
- Documents regarding land use rights or assets associated with the land, inheritance documents according to legal regulations.
- Documents related to land use rights transfer, land-related property transactions before October 15, 1993. These documents must be certified by the People’s Committee of the commune according to the relevant legal provisions.
- Documents on the purchase of state-owned houses according to the regulations, liquidation papers, or valuations of houses attached to plots of land.
- Documents on land use rights granted to owners by the competent agency under the previous social regime according to the current regulations.
- Other types of documents established according to the Government’s regulations before October 15, 1993.
To apply for a land use certificate, your documents must be authentic and accurate. The information on the certificate should align with the reality to avoid unnecessary revalidation by authorities.
How to Obtain a Land Use Certificate – Step by Step
To obtain a land use certificate, you need to follow these steps:
- Prepare the necessary documents, including:
- A written application for a land use certificate or ownership certificate for houses or other assets associated with the land.
- Valid land use documents as required by law.
- Notarized copies of your ID card and household registration.
- Relevant land-related maps.
- Within 30 days from the submission date, if your documents are in order, you will be granted the land use certificate or ownership certificate according to the current legal provisions.
How Much Does it Cost to Obtain a Land Use Certificate?
The question of how much it costs to obtain a land use certificate is quite common. To obtain a land use certificate, land users must pay a registration fee, commonly known as “lệ phí trước bạ.”
The registration fee is a fee that owners of fixed assets must declare and pay. This fee must be paid to the tax agency before utilizing the fixed assets.
For land and houses, the registration fee is calculated as follows:
Registration Fee = 0.5% x (land price per square meter from the current land price list x land area)
- The land area corresponds to the legal land use rights confirmed and provided by the Land Registration Office to the tax authorities.
- The land price per square meter is determined based on the price list issued by the provincial People’s Committee or city People’s Committee at the time of application.
Before applying for a land use certificate, it is advisable to calculate these costs in advance to avoid any delays.
Can a Lost Land Use Certificate be Reissued?
In rare cases where a land use certificate is lost, you can apply for a reissue by preparing the required documents according to Section 2, Article 10 of Circular 24/2014/TT-BTNMT. The necessary documents include:
- An application for reissuance of the land use certificate.
- Documents certifying the loss of the land use certificate, certified by the commune People’s Committee within 15 days. If the loss was due to natural disasters, you will need to obtain a certificate from the commune People’s Committee confirming the occurrence of the natural disaster or fire.
However, the process of reissuing a land use certificate can be time-consuming and require significant effort due to the various supporting documents. Therefore, it is essential to take good care of your land use certificates to prevent such situations.
Can Land Use Certificates be Split?
According to the regulations in Article 188 of the Land Law 2013, Article 29 of Decree 43/2014/ND-CP, and Article 2 of Circular 09/2021/TT-BTNMT, land use certificates can indeed be split.
To split a land use certificate, you must meet the following conditions:
- Possess a valid land use certificate.
- The land must not be in a disputed area.
- The land must have a valid usage term as stipulated by the law.
- The size of the land plot must meet the minimum requirements based on the local regulations.
We hope this article has provided you with basic information about land use certificates. Stay tuned to Mogi.vn for more exciting updates!