Sending a question to the Government Electronic Information Portal, Mr. Nguyen Dinh Hung (Nghe An) said: His land was allocated by the Commune People's Committee without proper authority in 2003, but no houses have been built, the planning map of the Commune People's Committee shows rural residential land, with the name of the land user, annually paying non-agricultural land use tax, correct land user name, current status with livestock and vegetable farms.
Now that Mr. Hung is applying for a Certificate of Land Use Rights, the Commune People's Committee replied that the land does not meet the conditions for issuing a Certificate on the grounds that the current status is vacant land, there is no housing and rural residential land has been planned.
Mr. Hung asked, is this case eligible for a Certificate? Why? If eligible for issuance, is it eligible for a Certificate for residential land purposes?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Clause 2, Article 140 of the Land Law stipulates that in cases where land has been used stably from October 15, 1993 to before July 1, 2004, and is now certified by the commune-level People's Committee where the land is located as having no dispute, in accordance with the district-level land use plan or general plan or sub-area plan or construction plan or rural plan, a Certificate of land use rights and ownership of assets attached to land shall be issued according to the provisions of Clauses 3 and 6, Article 138 of the Land Law.
Clause 3, Article 138 of the Land Law stipulates that for land plots with houses, houses and works serving life, the residential land area is recognized according to the regulations of the Provincial People's Committee.
Clause 6, Article 138 of the Land Law stipulates that households and individuals who are using land stably for agricultural land purposes are granted Certificates in the form of land allocation by the State without collecting land use fees for the area of land being used but not exceeding the limit for agricultural land allocation to individuals specified in Article 176 of the Land Law.
