Ms. N.T.T in Dong Thap said that she has 450 m2 of land for growing perennial crops, which was granted a red book in 1999. In 2001, she built a house with an area of 60 m2.
Ms. T reflected that during the process of applying for a red book, she received many different instructions. There are opinions that, after the fine, if she submits all the documents (the decision to sanction administrative violations in the land sector, including showing the remedial measure of forcing land registration according to Point b, Clause 6, Article 25 of Decree No. 101/2024/ND-CP; the fine payment document of the land user), the Branch of the Land Registration Office will forward the information to the tax authority for her to pay the tax. As a result, the Branch will issue a red book for an area of 450 m2 (of which 60 m2 is residential land, 390 m2 is land for perennial crops, the origin is to recognize land use rights as land allocation with land use fees).
Another opinion believes that Ms. T must submit a dossier to change the purpose of land use, and have a decision to change the purpose approved by the competent authority to be granted a red book for an area of 450 m2 (of which 60 m2 is residential land, 390 m2 is perennial land, originally land allocated by the State with land use fees).
Ms. T asked, how was her case resolved?
The Ministry of Agriculture and Environment responds to this issue as follows:
The dossier she asked for is being resolved based on specific documents, under the decision-making authority of the locality; the Ministry of Agriculture and Environment only answers in principle as follows:
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 stipulates that the issuance of Certificates of land use rights for cases of land use for purposes other than the assigned, leased, or recognized land use rights (ie have been granted a Certificate of Land Use Rights) before July 1, 2014 (Article 25 of this Decree detailing Clause 3, Article 139 of the 2024 Land Law), in which, Point b, Clause 6, Article 25 stipulates: "In case a Certificate has been granted, the registration of land changes and assets attached to land shall be carried out according to the provisions of Article 29 and Article 37 of this Decree".
Article 29 of Decree No. 101/2024/ND-CP stipulates the dossier submitted when registering land changes, in which Clause 3, Article 29 stipulates: "One of the types of documents related to the content of land changes, assets attached to land for each specific case as prescribed in Article 30 of this Decree".
Clause 21, Article 30 stipulates: "In the case specified in Point b, Clause 6, Article 25 of this Decree, a decision on administrative sanctions in the field of land shall be submitted, in which a remedial measure is shown to force land registration; a certificate of payment of fines from the land user".
Pursuant to the above provisions, in case a land plot has been granted a Land Use Rights Certificate but arbitrarily changes the land use purpose and is subject to permission from a competent State agency before July 1, 2014 and has a decision to sanction administrative violations in the field of land as Ms. T asked, it is carried out according to the land change registration dossier (the dossier components include the penalty decision, payment document, Land use right certificate and land change registration application) to be granted a Land Use Rights Certificate by type after arbitrarily changing the land use purpose.
