On the Government Portal, Ms. D.T.P's family in Nghe An has a plot of land granted by a cooperative in 1979. According to the red book issued in 1998, the land plot has an area of 833 m2 (200 m2 of residential land and 633 m2 of garden land). The actual measured area is 1,005.4 m2.
In 2020, there was a project to upgrade National Highway 1A, the state reclaimed 369.2 m2 and 5.4 m2 and compensated the family.
In 2024, her family went to do the procedures to issue and exchange red books but was refused by the District Land Use Rights Registration Office Branch at that time on the grounds that it did not meet regulations because there was no residential land, even though the family's land had been determined by the Commune People's Committee to be in place before 1980 and the house was built since 1990, not located in the recovered land.
If the red book is now reissued without residential land, the family will not have any land to live in and will not be subject to resettlement.
Ms. P asked whether her family's residential land area before 1980 can be re-determined and what procedures can be carried out to make the family have residential land to use?
The Ministry of Agriculture and Environment responds to this issue as follows:
According to her reflection, there is not much information clear regarding the management and use of land plots, including the implementation of procedures by land users, the settlement of competent authorities for red books issued in 1998 when the state reclaimed part of the land plot in 2020. Therefore, the Ministry did not have a basis to give a specific answer, the Ministry of Agriculture and Environment informed her about the following contents:
The re-determination of residential land area of households and individuals in cases where residential land plots have gardens, ponds, and residential land that have been granted red books before July 1, 2004 when the land user has a need or when the state reclaims land is carried out in cases where one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the Land Law is available.
In case the land acquisition (369.2 m2 and 5.4 m2) in 2020 and the family has compensated for the residential land area (residential land granted a red book is 200 m2) and the land user has a need and meets the conditions, the conversion of the purpose of using "grassland" land to residential land shall be carried out according to regulations.
The Ministry of Agriculture and Environment recommends that you study legal regulations and contact competent authorities in the locality for guidance and resolution.
In case she does not agree with the results of the settlement of administrative procedures, she 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.
