On the Government Information Portal, Mr. L.V.H.L in Dong Thap said that he has 1,500 m2 of land that has been granted a red book, the purpose of use is rice land.
In February 2008, he built a house on this plot of land. Now, Mr. L has received a decision to sanction the use of land for the wrong purpose and is forced to register land changes.
Mr. L asked, so are you allowed to submit a red book, an application for registration of changes, a decision on sanctions, and a certificate of payment to be granted a red book from rice-growing land to residential land and do not have to carry out the process of applying for permission to change the land use purpose from a state agency according to Article 121 of the 2024 Land Law?
The Ministry of Agriculture and Environment responds to this issue as follows:
Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates the issuance of Certificates of land use rights in cases of land use for purposes other than the assigned, leased, or recognized land use rights (ie have been granted red books) before July 1, 2014 (Article 25 of this Article 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, registration of changes in land and assets attached to land shall be carried out according to the provisions of Articles 29 and 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 cases where a land plot has been granted a red book but arbitrarily changes its land use purpose and must be permitted by a competent State agency before July 1, 2014 and has a decision to sanction administrative violations in the field of land as requested, it is carried out according to the land change registration dossier (the submitted dossier includes the penalty decision, payment document, Land use right certificate and land change registration application) to be granted a red book according to the land type after arbitrarily changing the land use purpose.
