Chapter II
CASES ELIGIBLE FOR GRANT OF CERTIFICATES
Article 7. Certification of land use rights
Land users falling into one of the cases specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9, Article 49 of the Land Law may have their land use rights certified.
Article 8. Certification of house ownership
House owners may have their house ownership certified if they are eligible to own houses in Vietnam under the housing law and possess the following papers evidencing the lawful establishment of their houses:
1. Domestic households and individuals must possess one of the following papers:
a/ House construction permits, for cases subject to construction licensing under the construction law;
b/ State-owned house sale and purchase contracts under the Government's Decree No. 61/CP of July 5, 1994, on house sale, purchase and trading, or papers on liquidation or pricing of state-owned houses before July 5, 1994;
c/ Papers on handover or donation of houses of gratitude, compassion or great unity;
d/ House ownership papers granted by competent authorities during periods in which those houses and land were not under public ownership as determined by the State under the XIth National Assembly's Resolution No. 23/2003/QH11 of November 26, 2003, on houses and land already managed by and used under the arrangement of the State during the implementation of house and land management policies and socialist transformation policies before July 1, 1991, and the National Assembly Standing Committee's Resolution No. 755/2005/NQ-UBTVQH11 of April 2, 2005, on settlement of some specific cases related to houses and land during the implementation of house and land management policies and socialist transformation policies before July 1, 1991;
e/ Paper on sale and purchase or receipt as donation or inheritance or exchange of houses, which are certified by notary public offices or People's Committees under law.
For houses purchased, donated, exchanged, inherited or otherwise acquired under law from the effective date of the Housing Law, papers on respective transaction under Article 93 of the Housing Law are required.
For houses purchased from construction investors for sale, house sale and purchase contracts between the two parties are required. For cases of purchasing houses from July 1, 2006 (the effective dale of the Housing Law), apart from house sale and purchase contracts, house sellers must possess one of the papers on investment projects to build houses for sale (project approval decisions or investment decisions, or investment licenses or certificates);
f/ Effective judgments or rulings of people's courts or papers of competent state authorities on entitlement to house ownership:
g/ When an applicant for a house ownership certification possesses one of the papers specified at Points a. b, c. d, e and f of this Clause, which indicates the name of another person, he/she must possess one of the papers on sale and purchase, receipt as donation or inheritance or exchange of houses before July 1. 2006, signed by the involved parties and certified by commune-level People's Committees. Houses purchased, received as donation or inheritance or exchanged before July 1. 2006. without supporting papers signed by the involved parties must have the time of their purchase, receipt as donation or inheritance, or exchange certified by commune-level People's Committees;
h/ Domestic individuals that fail to possess one of the papers specified at Points a, b, c, d, e and f of this Clause must possess commune-level People's Committees' written certifications of houses built before July 1. 2006. houses free from dispute, or houses built before the adoption of land use planning and construction planning or built in conformity with land use planning, detailed urban construction planning and rural residential area planning under law. For houses built from July 1, 2006, there must be commune-level People's Committees' written certifications that those houses are not subject to construction licensing, are dispute-free and meet planning conditions like houses built before July 1, 2006.
2. Overseas Vietnamese must possess the following papers:
a/ Papers on sale and purchase, receipt as donation or inheritance, or other forms of ownership of houses under the housing law;
b/ One of the papers of the ownership transferor specified in Clauses 1 and 3 of this Article.
3. Domestic organizations and overseas Vietnamese implementing investment projects and foreign organizations and individuals must possess the following papers:
a/ For cases of building houses for lease: One of the papers on projects to build houses for lease (project approval decisions or investment decisions, or investment licenses or certificates):
b/ For cases of purchase, receipt as donation or inheritance, or other forms of lawful ownership, of houses: papers on such transaction under the housing law.
4. A house owner who is not concurrently the land user, must possess, apart from the papers proving the house ownership under Clauses 1, 2 and 3 of this Article, a land rent contract or capital contribution contract or business cooperation contract or the land user's written approval of house construction notarized or certified under law and copies of land use right papers under the land law are required.
Article 9. Certification of construction work ownership
Domestic households and individuals, communities, overseas Vietnamese, foreigners and domestic and foreign organizations may have their construction work ownership certified according to the following regulations:
1. Domestic households and individuals and communities must possess one of the following papers:
a/ Work construction permits, for cases subject to construction licensing under the construction law:
b/ Papers on construction work ownership granted by competent authorities in different periods, unless these works are managed by, or used under the arrangement of. the State;
c/ Papers on sale and purchase, donation or inheritance of construction works under law. which are certified by notary public offices or People's Committees:
d/ Legally effective papers on entitlement to construction work ownership issued by people's courts or competent state agencies:
e/ When an applicant for a construction work ownership certification possesses one of the papers specified at Points a. b. c and d of this Clause, which indicates the name of another person, he/she must possess one of the papers on sale and purchase, donation, exchange, or inheritance of construction works before July 1, 2004, (the effective date of the Construction Law) signed by the involved parties and certified by the People's Committee of commune or higher level. Construction works purchased, received as donation or inheritance or exchanged before July 1, 2004, without supporting papers signed by the involved parties must have the time of their purchase, receipt as donation or inheritance, or exchange certified in applications for certificates by commune-level People's Committees;
f/ Domestic individuals that fail to possess one of the papers specified at Points a, b, c and d of this Clause must possess commune-level People's Committees' written certifications that construction works were built before July 1, 2004, are free from disputes and built before the adoption of land use planning and construction planning or built in conformity with land use planning and construction planning. For construction works built from July 1, 2004. there must be commune-level People's Committees' written certifications that those construction works are not subject to construction licensing, are dispute-free and meet conditions on planning like works built before July 1, 2004.
2. Domestic organizations, foreign organizations and individuals, and overseas Vietnamese must possess the following papers:
a/ For cases of building construction works through new construction investment under law. project approval decisions or project investment decisions, investment licenses or certificates, or construction permits granted by competent authorities and papers on land use rights under the land law or land rent contracts with land users to use land for work construction purposes:
b/ For cases of acquiring construction works through purchase, receipt as donation or inheritance, or other lawful forms, papers on such transaction under law.
c/ For cases of unavailability of one of the papers specified at Points a and b of this Clause, there must be provincial-level construction management agencies' written certifications that construction works existed before the adoption of construction planning but still conform with approved construction planning, are free from disputes over construction work ownership.
3. A construction work owner who is not concurrently the land user must possess, apart from the papers evidencing construction work ownership under Clauses 1 and 2 of this Article, the land user's written approval of work construction notarized or certified under law and copies of land use right papers under the land law.
Article 10. Certification of rights to own planted production forests
Owners of planted production forests may have their forest ownership certified if funds for forestation. or payment of transferred or allocated forests are not of state budget origin and they can produce one of the following papers:
1. Papers on allocation of planted production forests:
2. Contracts or documents on sale and purchase or donation or inheritance of planted production forests certified by notary public offices or commune- or district-level People's Committees under law;
3. Effective judgments or rulings of people's courts or papers of competent state agencies, on entitlement to ownership of planted production forests;
4. Households, individuals or communities without the papers specified in Clauses 1. 2 and 3 of this Article that plant production forests with their own funds must have their forest ownership certified by commune-level People's Committees as dispute-free;
5. Domestic organizations that implement production forest plantation projects with funds not of state budget origin must possess production forest plantation project approval decisions, or investment decisions, or investment certificates under the investment law;
6. Foreign organizations and individuals and overseas Vietnamese that implement production forest plantation projects must possess production forest plantation project approval decisions, investment decisions, or investment licenses or certificates under the investment law;
7. An owner of planted production forests who is not concurrently the land user must possess, apart from the papers specified in Clauses 1. 2. 3,4, 5 and 6 of this Article, the land user's written approval of land use for forestation notarized or certified under law and copies of land use right papers under the land law.
Tìm kiếm
Nghị định 88/2009/NĐ-CP về cấp giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất (Bản Word)
