On the Government Information Portal, Ms. N.T.A.Q in Da Nang said that she has land plot No. 589, map sheet No. 24, area 154.0 m2 in Tam Ky City, Quang Nam Province (old).
Regarding the origin, the land was confirmed by the People's Committee of the old ward, which is perennial land that Ms. Q received as a transfer and built a house for herself on November 27, 2013, and has been used stably until now without any disputes.
Regarding planning, according to the construction zoning plan (scale 1/2,000) approved by the People's Committee of Quang Nam province (old) on June 12, 2020 and according to the decision to adjust the planning on December 31, 2020 of the People's Committee of Tam Ky city (old), the location of the land plot is in the traffic land planning (16.5m wide road planning);
According to the Detailed Planning 1/500 of An Ha Cultural Tourism Area, approved by the Chu Lai Open Economic Zone Management Board on November 2, 2006, the location of the land plot is in the water surface and rice fields and crops.
According to the General Planning for the construction of Chu Lai Open Economic Zone, Quang Nam province until 2035, with a vision to 2050, the location of the land plot is within the residential land.
According to the General Planning of Tam Ky City, Quang Nam Province to 2030, with a vision to 2050, the location of the land plot is within the existing residential land (LX9).
Regarding the current status, the land is not in dispute, not seized to ensure enforcement of the judgment.
Land plots not located in areas that are currently villas that are still under management, planned for investment or are investment projects for housing construction, investment projects for technical infrastructure construction, projects with state policies on land acquisition, site clearance for investment preparation, land use planning, use of houses and assets attached to land; not located in areas with land acquisition decisions of the People's Committee of Quang Nam province in the period of 2011-2020; not located in areas where construction planning and land use plans for works and housing construction investment projects have been announced, and investment policies have been approved.
Ms. Q asked, with the above information, is her land eligible for a red book?
The Ministry of Agriculture and Environment responds to this issue as follows:
The application of policies to review and issue certificates to households and individuals using land needs to be based on each specific case and needs to be based on local land management records. Therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer. The Ministry has the following principles:
The current land law has provisions on granting red books to households and individuals who are using land in Article 137 (issuing certificates of land use rights and ownership of assets attached to land to households, individuals and communities using land with documents on land use rights), Article 138 (issuing certificates of land use rights and ownership of assets attached to land to households and individuals using land without documents on land use rights but not violating land laws, not in cases of land being allocated without proper authority), Article 139 (solving cases of households and individuals using land that have violated land law before July 1, 2014), Article 140 (issuing certificates of land use rights and ownership of assets attached to land to households and individuals not currently using land under the 2024 Land Law).
The Ministry of Agriculture and Environment recommends that you study the above regulations and send a petition to the competent authority of the locality where the land is located for consideration and resolution in accordance with the provisions of law.
