Mr. N.N in Ho Chi Minh City suggested guiding the following case:
The land belonging to the military region belt was handed over by the Ministry of National Defense to the Provincial People's Committee for management on March 21, 1988". On November 21, 1995, the Prime Minister issued a Decision of revocation and assigned the Provincial People's Committee to manage it.
In 1988, people started using it themselves (Mr. A). In 1992, people built a house. On August 27, 1992, this person made a contract to buy and sell real estate to another person (Mr. B) for use. The land plot is not on the list of public land managed by the Ward People's Committee.
The contract for buying and selling Mr. A's house to Mr. B was confirmed by the Commune People's Committee on August 27, 1992, showing the content: "According to the contract for buying and selling Mr. A's house and reselling it to Mr. B, the Commune People's Committee confirms the transfer of assets on the land owned by Mr. A, and on land not under the management of the locality, respectfully forward it to competent authorities for consideration and resolution".
The plots of land used stably from 1992 to present, with houses on the land, no disputes and annual land use tax is paid for residential land for the entire land area.
Regarding the current planning of 3 plots of land:
Land use planning: 2 plots of land 2 + 3 are not in accordance with the planning, which is land for infrastructure development and traffic land, 1 plot of land is in accordance with the planning, which is urban residential land (plot 1).
Zoning plan: land plot 2 + 3 is not in accordance with the planning of green land for isolation and traffic land, residential land for high-density projects (plot 1).
Mr. N.N asked, is the ward People's Committee's refusal to issue red books for the first time for all 3 plots in accordance with regulations?
The reason the Ward People's Committee refused is that plot 2 + 3 is not in accordance with land use planning and zoning planning; plot 1 is only in accordance with land use planning, not in accordance with zoning planning, so it is not granted a first red book.
The Ministry of Agriculture and Environment responds to this issue as follows:
According to the reflection, he has been using land of self-use origin since 1988 and has been building houses since 1992.
The Land Law has provisions to resolve cases of households and individuals using land that violated land law before July 1, 2014 and Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System.
According to the provisions of Point a, Clause 3, Article 139 of the Land Law, Sub-section (3.v) Section II, Part V, Appendix I issued with Decree No. 151/2025/ND-CP, in case a person is using land stably, in accordance with the district-level land use planning or the commune-level land use planning or one of the planning regulations of the law on urban and rural planning, he/she shall be considered for granting a Certificate of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law.
The Ministry of Agriculture and Environment provides information for him to know, research, and contact the competent authority in the locality for settlement according to regulations.
In case he does not agree with the results of handling administrative procedures, he has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law.
