Answering questions from Lao Dong Newspaper readers, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) - said that in the case of changing land use purposes to reduce land use fees, land users need to determine and prove the origin of the land plot.
According to the lawyer, the origin of the land can be determined in some cases.
In the first case, land users can check the information on the certificate. If the certificate shows garden land, pond land in the same land plot with residential land, it falls under Resolution 198, is allowed to change land use purpose and is entitled to reduce the land use fee to be paid.
In the second case, land users need to check the cadastral records stored at the commune-level People's Committee or the Land Registration Office to determine whether the land plot originated from residential land and garden or pond land in the same land plot or not.
In the third case, land users can also base on cadastral records to determine whether before July 1, 2004, the agency or official performing cadastral measurement and drawing separated this land from a original land plot or not.
According to lawyer Quach Thanh Luc, it is only necessary to determine that there is currently residential land and garden land in the same land plot, or prove that the land plot's history originated from residential land and garden land, then land users can be applied this policy.
People can view the information on the certificate or check the cadastral records stored at the commune-level People's Committee, branch of the Land Registration Office to trace the origin of the land plot. These will be necessary documents to request functional agencies to consider reducing land use fees when changing land use purposes," lawyer Quach Thanh Luc said.
