Mr. T.D.C in Quang Ngai said that his uncle was a veteran. After the peace, he cleared the land in 1986, built a house and started a family in 1990, but had no residential land.
The uncle and his wife are farmers and live on this land. During his difficult life, he always wanted to change the land use purpose of his current house (in reality, the land was production forest land but around it was a house, only his family had no residential land).
Mr. C requested the competent authority to guide his uncle to change the purpose of land use (he did not have any residential land assets).
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 2, Article 138 of the 2024 Land Law stipulates:
"Households and individuals using land from December 18, 1980 to before October 15, 1993, now confirmed by the People's Committee of the commune where the land is located to have no disputes, will be granted a Certificate of land use rights and ownership of assets attached to the land as follows:
For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the residential land recognition limit prescribed in Clause 5, Article 141 of this Law, the residential land area shall be recognized at the residential land recognition limit and no land use fees shall be paid.
In case the land area for which houses, houses and works for life have been built is larger than the residential land recognition limit prescribed in this point, the residential land area recognized shall be based on the actual area for which houses, houses and works for life have been built; the land user must pay land use fees for the area exceeding the residential land recognition limit at this point.
For land plots with houses, houses and works serving life, if the land plot area is smaller than the residential land recognition limit prescribed in Clause 5, Article 141 of this Law, the residential land area shall be determined as the entire area of that land plot and no land use fee shall be paid.
For land plots used for non-agricultural production, business, trade and service purposes, non-agricultural production facilities, commercial and service land shall be recognized according to the provisions of Point c, Clause 1 of this Article.
For the remaining land area after being determined according to the provisions of Point a and Point c of this Clause, it will be determined according to the current status of land use.
In case the current status of use is non-agricultural land that is not residential land, it shall be recognized according to the provisions of Point c of this Clause.
In case the current status of use is agricultural land, it shall be recognized in the form of State land allocation without land use fees; if the land user has a need to be recognized as non-agricultural land purpose in accordance with district-level land use planning or general planning or zoning plan or construction planning or rural planning, it shall be recognized for that purpose and shall pay land use fees in accordance with the provisions of law".
According to the above regulations, his uncle is granted a Certificate of land use rights and ownership of attached assets based on the provisions of Clause 2, Article 138 of the 2024 Land Law if he is in a case of using land without documents on land use rights but not violating land laws, and is not in a case of land being allocated without proper authority.
