According to the Government Electronic Information Portal, a resident with 350m2 of land was granted a Certificate of Land Use Rights in 2010, with the purpose of use being perennial crop land.
The land plot originates from receiving transfer from another person. On the certificate, the origin of land use is recorded as "receiving transfer recognized as land allocation without collecting land use fees".
According to the current situation, on the land plot there is a house with an area of about 50m2, built by the previous user around 2005, before the time people received the transfer. The certificate of the previous user was issued in 1997.
People carry out procedures to register changes to be recognized for the 50m2 area being used as residential land. This is a case of using land for the wrong purpose but the land use right has been recognized by the State before July 1, 2014.
People requested clarification, after 50m2 of land is recognized as residential land, the origin of land use on the Certificate will be determined as "receiving transfer recognized as land allocation with land use fees" or "recognizing land use rights as land allocation with land use fees".
People also asked, in case the house was built by the previous owner not for the right land use purpose, but the current land user legally received the transfer afterwards, the determination of the origin of the land will be based on the current person or the violation of the old owner.
Regarding this issue, the Ministry of Agriculture and Environment said that according to point a, clause 5, Article 5 of Decree No. 123/2024/ND-CP, if an administrative violation occurs before the transfer of land use rights, the transferring party is penalized and must take remedial measures for the consequences of the acts they caused.
In case the transferring party is a dissolved or bankrupt organization; the individual has died without an heir or has moved to another place, the address cannot be determined and does not fall into the case of land recovery by the State, the transferee is not subject to administrative penalties.
However, the transferee must take measures to remedy the consequences caused by the transferee. The transferee is also penalized and must remedy the consequences for the violations committed by themselves, if any.
According to the reflected content, the act of arbitrarily changing the land use purpose occurred before the time of transfer of land use rights. Therefore, administrative violation penalties are applied to the land use right transferor.
The Ministry of Agriculture and Environment said that if people are eligible for a Certificate for the area used as residential land according to Clause 3, Article 139 of the Land Law, the origin of land use is determined to be recognition of land use rights such as land allocation with land use fees.
