On the Government Information Portal, citizen L.B.C requested the competent authority to guide the handling of the following case:
Ms. Nguyen Thi B's house was granted a red book in 2016 for import-export land (every other year), and in 2021 it was revoked due to incorrect land allocation.
Currently, she has registered for the first new granted, extracting measurement records showing the type of ODT + HNK land (due to the current status of houses and rice factories built in 2017), but comparing the land use planning for the period 2025-2030 is not in accordance with the residential land planning.
The proposal to grant residential land is not allowed because it is not in accordance with the planning. Agricultural land is also not granted because of illegal construction of houses and works on agricultural land in 2017.
Mr. C asked, what should be done to resolve this case? Is there any way to resolve whether to reissue the book, or to wait for the adjustment of land use planning in the next phase to be reissued?
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
In case of having been granted a land use right certificate in 2016, import-export land type. Thus, in 2016, the land plot was identified as agricultural land (in 2021, the certificate was revoked due to incorrect area, not due to incorrect land use purpose, so the land plot was still identified in the cadastral records as agricultural land).
In case of building houses and rice factories without permission from competent authorities for the wrong purpose in 2017, it is necessary to handle according to Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government regulating administrative sanctions in the field of land.
To issue a right to use in this case, due to violations occurring after July 1, 2014, it must be handled according to Decree No. 123/2024/ND-CP, then the new land use right certificate must be issued.
Because his documents were not complete and specific, and there were still conflicting points, the Ministry of Agriculture and Environment only responded to the above principle.
