Types of legal papers on land to apply for construction permit?

Date02/05/2018 | 11:06

Pursuant to the provisions of Article 3 of Decree No. 53/2017 / ND-CP of May 8, 2017, the lawful papers on land for granting construction permits are prescribed as follows:

Pursuant to the provisions of Article 3 of Decree No. 53/2017 / ND-CP of May 8, 2017, the lawful papers on land for granting construction permits are prescribed as follows:

Article 3.- The lawful papers on land for granting construction permits

Legal papers on land for granting construction permits as provided for in this Decree are papers falling into one of the following categories:

1. A certificate of land use right granted under the 1987 Land Law, the 1993 Land Law, the Law amending and supplementing a number of articles of the 2001 Land Law and the 2003 Land Law.

2. Certificates of land use rights, ownership of houses and other assets attached to land are issued in accordance with the provisions of the Land Law 2013, the Law amending and supplementing a number of articles of laws related to land. Capital construction No. 38/2009 / QH12.

3. Certificates of ownership of dwelling houses and the right to use residential land shall be issued in accordance with the provisions of the Government's Decree No. 60 / CP of July 5, 1994 on the ownership of dwelling houses and the right to use residential land at the Decree No. 61 / CP of July 5, 1994 of the Government on the purchase, sale and trading of dwelling houses.

4. Certificate of ownership of the house; the certificate of ownership of construction works granted in accordance with the Ordinance on Housing 1991; Housing Law 2005; Decree No. 81/2001 / ND-CP of November 5, 2001 of the Government on overseas Vietnamese 's purchase of houses in Vietnam; Decree No. 95/2005 / ND-CP of July 15, 2005, on the grant of certificates of ownership of dwelling houses and construction work ownership certificates; Decree No. 90/2006 / ND-CP of September 6, 2006, detailing and guiding the implementation of the Housing Law; Decree No. 51/2009 / ND-CP of June 3, 2009, guiding the implementation of a number of articles of the National Assembly's Resolution No. 19/2008 / QH12 dated June 3, 2008, on pilot activities for organizations and individuals Articles 31 and 32 of the Government's Decree No. 43/2014 / ND-CP of May 15, 2014 detailing the implementation of a number of articles of the Land Law The Other certificates of dwelling house ownership or construction work ownership granted in accordance with the provisions of the land law, the housing law and the construction law throughout the periods.

5. All types of papers eligible for the granting of land use right certificates, house and land-attached asset ownership certificates, which have not yet been granted the certificates, include: papers specified in Article 100 of the 2013 Land Law; Article 18 of the Government's Decree No. 43/2014 / ND-CP of May 15, 2014 detailing the implementation of a number of articles of the Land Law in 2013 and the provisions of Clause 16, Article 2 of the Government's Decree No. 01 / 2017 / ND-CP of January 6, 2017 amending and supplementing a number of decrees detailing the implementation of the Land Law or certification by commune-level People's Committees and certified by land-registering agencies Eligibility for issuance of certificates of land use right, ownership of houses and other assets attached to land.

6. Land papers, for cases of land assignment or lease or change of land use purposes from July 1, 2004, without land use right or house ownership certificates. dwelling house and other land-attached assets according to the provisions of the land legislation, including: Land assignment decisions issued by competent State bodies or decisions on land lease by competent state agencies and contracts lease of attached land (if any) or papers on winning auctions of land use rights, bidding for projects using land or decisions approving the conversion of land use purposes by competent state agencies.

7. Report on the review and declaration of land use status in cases where the organization or religious institution is using but not yet issued a certificate of land use right, ownership of houses and other assets attached The land use right shall be determined in accordance with the provisions of Article 28 of the Government's Decree No. 43/2014 / ND-CP of May 15, 2014, detailing the implementation thereof. Acting on a number of articles of the Land Law.

8. Papers on the ranking of historical-cultural relics and scenic places, for cases of granting construction permits for the construction, repair, renovation or relocation of historical monuments but not yet granted a certificate of land use right, ownership of houses and other assets attached to land as stipulated in Article 27 of Decree No. 43/2014 / ND-CP. 15 May 2014 detailing the implementation of some articles of the Land Law 2013.

9. The land use right certificate or written approval of the construction site of the district-level People's Committee, for construction works of advertising billboards, telecommunication stations and antenna towers in areas not belonging to groups Land used for construction purposes and land use purposes must not be converted.

10. A land lease contract shall be entered into between a construction work investor and a manager or user of a traffic work or a written approval of a competent state management agency in charge of traffic of a work It is permitted to build within the area reserved for traffic in accordance with the law.

11. A document of a competent state agency permitting the change of land use purpose in cases where the land user has obtained lawful papers on land according to the provisions of Clauses 1, 2, 3 and 4. and 5 of this Article, but it is proposed to be granted a construction permit for use other than for the land use purpose stated on such paper.

12. Written document of a competent state agency which has issued a certificate of land use right, at the request of the construction permit-granting agency, for determining the area of ​​land of different categories, for cases where the land users have One of the legal papers on land stipulated in clauses 1, 2, 3, 4 and 5 of this Article, but the area of ​​land categories is not stated as the basis for granting the construction permit. set up.

Đội ngũ tư vấn của chúng tôi

Ls. Hà Ngọc Hạ
Ls. Hà Ngọc Hạ
Ls. Mai Đức Đông
Ls. Mai Đức Đông
Ls. Nguyễn Duy Hạnh
Ls. Nguyễn Duy Hạnh
Ls. Nguyễn Thành Đạt
Ls. Nguyễn Thành Đạt
Ls. Nguyễn Thị Yến
Ls. Nguyễn Thị Yến
Nguyễn Tiến Hoàng
Nguyễn Tiến Hoàng
Ý kiến phản hồi -
Tên của bạn
Điện thoại
Email
Địa chỉ