(Latest 2024) What are property rights and titles in land law?

I. Land law 2013

Article 1. Scope

This Law regulates land ownership, powers and responsibilities of the State in representing all land owners and unified management of land, land management and use regime as well as rights and Obligations of land users regarding land located in the area. on the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

1. State agencies exercise the powers and responsibilities of representing all land owners and perform the task of unified state management of land.

2. Territorial users.
3. Other topics related to land management and use.

Article 3. Terminology explained

In this law, the following terms are understood as follows:

1. By parcel of land we mean an area bounded by limits determined on the ground or described in the register.
2. Land use planning determines the allocation and zoning of land according to usage space to serve the goals of socio-economic development, national defense, security, environmental protection and adaptation to change. Climate is based on land potential and people's land use needs. sectors and fields for each socio-economic region and administrative unit in a certain period of time.
3. Land use planning is the division of land use planning into stages of implementation during the land use planning period.
4. Cadastral map is a map showing land plots and accompanying geographical elements, prepared according to commune, district, and district administrative units and certified by competent state agencies.
5. Current land use status map is a map showing the distribution of land types at a specific time and is prepared for each administrative unit.

6. Land use planning map is a map prepared at the beginning of the planning period, showing the distribution of land types at the end of the planning period.
7. State allocation of land use rights (hereinafter referred to as state land allocation) is the State's decision to allocate land to grant land use rights to subjects with land use needs.
8. The State leases land use rights (hereinafter referred to as the State leases land) is the State's decision to grant land use rights to subjects who need to use land according to land use rights lease contracts.
9. State recognition of land use rights means the State grants land use rights to stable land users that are not allocated or leased by the State through the issuance of Certificates of land use rights and home ownership rights. housing and other land. - Property is confiscated for the first time for a certain plot of land.
10. Transfer of land use rights is the transfer of land use rights from one person to another in the form of exchange, transfer, inheritance, donation of land use rights, or capital contribution with land use rights.

11. Land recovery by the State is the State's decision to revoke land use rights from a person who has been given land use rights by the State or from a land user who violates land laws.
12. Land compensation is the State returning to land users the value of land use rights for the recovered area.
13. The remaining investment costs in land include site leveling costs and other directly related costs that are proven to have been invested in land and have not been recovered at the time the State recovers the land.
14. State support for land recovery means the State supports people whose land is recovered to stabilize their livelihoods, production and development.
15. Registration of land, housing and other attached assets is the declaration and recognition of the legal status of land use rights, ownership of houses and attached assets, and the right to manage a single plot of land. determined, entered into the cadastral book. . 16. Certificate of land use rights, ownership of houses and other assets on land is a legal certificate, the State confirms legal land use rights, ownership of houses and other assets belonging to the land. ownership of people with land use rights and land ownership rights. houses and land.
17. Land statistics is the State's work on the basis of general cadastral records, considering the current state of land use at the time of statistics as well as changes related to land between the two times of making statistics.
18. Land inventory is a state affair, based on cadastral records and field investigation results, investigating, synthesizing, and checking the current state of land use at the time of conducting the inventory as well as related changes. related to land between two times of conducting inventory. inventory.
19. Land price is the value of land use rights calculated per unit area.
20. Land use right value is the monetary value of land use rights over a specified area within a specified land use term. 21. Land use tax is the amount of money that a land user must pay to the State when the State allocates land with land use tax, when the land use purpose is allowed to change or when land use rights are revoked. . recognized by the State.
22. Land information system is a system that includes information technology infrastructure, software, data, processes and procedures built to collect, store, update, process and analyze land information. Analyze, synthesize and monitor land information.
23. Land database is a collection of land data arranged and organized to access, use, manage and update information using electronic devices.
24. Land dispute is a dispute about the rights and obligations of land users between two or more parties in a land relationship.
25. Land destruction is the act of deforming land, degrading land quality, polluting land, invalidating or reducing the usability of land for a certain purpose. 26. Non-commercial public unit is an organization established by a competent state agency or political organization or socio-political organization to provide public services in accordance with the provisions of law.
27. Economic organization means an enterprise, cooperative or other economic organization according to the provisions of civil law, except for enterprises with foreign capital.
28. Land for underground construction is the area of ​​land used for underground construction that is not part of above-ground construction.
29. Households using land are people who are related by marriage, kinship or foster relationship according to the provisions of law on marriage and family, live together and have the right to use common land in the area. time of land allocation, land lease or land lease; at the time of land use. rights recognized by the State; or receive land use rights.
30. Households and individuals directly engaged in agricultural production are households and individuals who are allocated agricultural land, leased agricultural land or have agricultural land use rights recognized by the State; or have been granted the right to use agricultural land and generate stable income through agricultural production on this land. ...

Article 211. Effectiveness of implementation

1. This Law takes effect from July 1, 2014.
Land Law No. 13/2003/QH11 and Resolution No. 49/2013/QH13 dated June 21, 2013 of the National Assembly extending the term of use of land for annual crops, aquaculture land, and salt production land for households and individuals whose land expires from the effective date of this Act. 2. Article 57 of Vietnam Civil Aviation Law No. 66/2006/QH11, Article 2 of Law No. 34/2009/QH12 amending and supplementing Article 126 of the Housing Law and Article 121 of the Land Law, Article 4 of Law No. 38/ 2009/QH12 amending and supplementing a number of articles of the Construction Investment Law, Article 264 of Law No. 64/2010/QH12 on administrative procedures and regulations on land requisition in Law No. 15/2008. /QH12 on compulsory purchase and requisition of goods are abolished.

Article 212. Detailed regulations

The Government regulates in detail the assigned articles and clauses in this Law.
This Law was passed by the 13th National Assembly of the Socialist Republic of Vietnam, 6th session, on November 29, 2013.

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III. Q&a

Q: What is land law, and why is it important in 2013?

A: Land law governs the rights, ownership, and use of land and real property. In 2013, it remains crucial to regulate property ownership, land development, and resolve property disputes. Land law sets the framework for land use planning, zoning regulations, and environmental protections.

Q: What are property rights and titles in land law?

A: Property rights in land law refer to the legal ownership and control of real property. A title is a legal document that serves as evidence of ownership. It typically includes details about the property, the owner, and any encumbrances or liens on the property.

Q: How are land use and zoning regulations determined?

A: Land use and zoning regulations are typically established by local governments through zoning ordinances. These laws govern how land can be used within specific areas, such as residential, commercial, or industrial zones. Zoning laws aim to promote orderly land development and protect the community's interests.

Q: What are adverse possession and easements in land law?

A: Adverse possession is a legal concept where someone can claim ownership of another's land through continuous and open use for a certain period, which varies by jurisdiction. Easements, on the other hand, grant someone the right to use another's land for a specific purpose, like accessing a neighboring property. Both concepts are essential in land law to address land use and ownership disputes.