Mr. N.V.T in Ninh Binh asked, the land transfer certificate for house building in 1989 has now been certified by the commune chairman, confirming that the land plot bought and sold in 1989 is residential land.
So when applying for the first red book, is there enough basis to apply Point d, Clause 1, Article 100 of the 2013 Land Law (or Point d, Clause 1, Article 137 of the 2024 Land Law)?
The paper must have the name of another person, along with the sales documents signed by the relevant parties, so according to Clause 2, Article 100 of the 2013 Land Law (or Clause 5, Article 137 of the 2024 Land Law), is this case granted a red book and does not have to pay land use fees?
At the same time, can Clause 2, Article 11 of the 2013 Land Law (or Clause 2, Article 10 of the 2024 Land Law) be applied to be recognized as residential land?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is that the case is under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution. The Ministry has no basis to give a specific answer.
The Ministry sets out some principles as follows:
At point d, clause 1, Article 137 of the 2024 Land Law, which stipulates the documents on transfer of land use rights and sale of houses attached to residential land, now confirmed by the People's Committee at the commune level to have used land before October 15, 1993, is one of the documents on land use rights.
Clause 5, Article 137 of the 2024 Land Law stipulates: "5. Households and individuals who are using land with one of the documents specified in Clauses 1, 2, 3 and 4 of this Article but have the name of another person on the documents, accompanied by documents on the transfer of land use rights, but before the effective date of this Law have not yet carried out procedures for transferring land use rights according to the provisions of law and that land is not in dispute shall be granted a Certificate of land use rights and ownership of assets attached to land; financial obligations shall be fulfilled according to the provisions of law".
The determination of land types is carried out in accordance with the provisions of Article 10 of the 2024 Land Law, accordingly, Point b, Clause 1, Article 10 stipulates one of the bases for determining land types as documents on land use rights as prescribed in Article 137 of the 2024 Land Law for cases that have not been granted a certificate.
