On the Government Portal, Mr. N.V.T in Phu Tho requested competent authorities to guide him to resolve the following cases:
Mr. Nguyen Van A's household was illegally allocated 300 m2 of land by the People's Committee of the commune to build a house and has collected money to use the land since 1996.
From 1996 to March 2015, Mr. Nguyen Van A's household used the land to grow crops. It was not until 2015 that Mr. Nguyen Van A's family built a house.
According to Article 140 of the Land Law, cases of land allocation without proper authority must be used stably before July 1, 2014.
Mr. T asked, so in the above case, is Mr. Nguyen Van A eligible to recognize the right to use 300 m2 of non-residential land (planned as residential land; no dispute with whom)?
If eligible for a red book, which Clause of Article 140 is applied (requesting further guidance on the phrase for stable use in this situation)?
If the right to use 300 m2 of residential land is not recognized, how will the household build a house in 2015 on land that the People's Committee did not have the authority of the state management agency to handle this case?
On the other hand, in the case of the People's Committee of a commune that did not properly allocate 300 m2 of land to build a house (the land use fee has been collected to use the land) since 1996; but only at this time did it start construction (the commune area is rural land, there is no general planning, the zoning plan is in the area exempted from construction permits), is it eligible for housing construction? If they do not meet the conditions, how will administrative violations be handled according to regulations?
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 2, Article 140 of the Land Law stipulates the granting of Certificates to cases of land users of unlicensed origin who have been used stably from October 15, 1993 to before July 1, 2004.
Accordingly, a land plot that needs to be registered and granted a certificate for residential land purposes must meet the conditions of having been used stably and having a house or a house and a structure serving life.
Thus, the use for residential land purposes in cases where the origin of land use is not properly granted shall be based on the current status of the land plot in use with or without housing.
The assignment of land without authority is a violation of a state agency, not by a land user, so the land user will not be administratively sanctioned. The construction of a house on residential land (allocated without authority) is not a violation of land use for the wrong purpose. Regarding whether or not there are conditions to build a house, it is recommended that you contact the competent construction management agency for guidance and answers.
