How to handle when land use right certificates are not provided for land plots to make red books

Anh Tuấn |

Reader Nguyen Hung (Hanoi) asked: "How to handle it when the Commune People's Committee cannot provide land cadastral records for land plots to carry out procedures for issuing red books?".

Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said that when it is necessary to clarify information about land plots, people can request to provide information, cadastral records, including maps, inventory books, cadastral books, land registration books or land division maps through each period.

However, according to the lawyer, in reality, many people when requesting to provide documents only receive written responses from functional agencies with content "not stored" or no documents through periods, so they cannot provide them.

Meanwhile, people are the ones who request to provide information, so they often do not know what dossiers and documents the functional agency is actually managing and storing. Therefore, when receiving the above answer, many people are forced to accept and do not know on what basis to continue requesting, leading to the dossier resolution falling into a deadlock.

Lawyer Quach Thanh Luc said that from the process of studying legal regulations, working in the field and consulting with many customers, he found that in some communes there are still quite complete cadastral records through many periods. Some localities still have maps in 1960, 1964, 1978, 1987 and 2002. The document system is relatively thick, complete and shows specific information.

According to lawyer Quach Thanh Luc, when requesting to provide cadastral records, people should specify the type of records and the time to be provided.

For example, instead of just making general requests about providing cadastral records, people can clearly state: "I request to provide cadastral records from 1960, cadastral records from 1978, cadastral records from 1987, cadastral records from 2002".

When the request is relatively specifically identified about the type of document and the time of document formation, the receiving agency will have a basis for inspection and review instead of just answering generally that there is no dossier. This is considered a way to help people be more proactive in the process of requesting information.

At the same time, according to Lawyer Quach Thanh Luc, there is a very important solution, which is to establish a channel to share documents and cadastral records. Accordingly, people who have been provided with dossiers and cadastral documents by functional agencies in communes can share information about the types of documents that have been provided.

On that basis, information can be compiled into a list and gradually announced so that people know which documents are available in each commune and each area and have a basis to request them to be provided when necessary.

Sharing and collecting information will contribute to forming a community with knowledge and understanding of cadastral records, thereby helping people have more basis to access documents and better ensure their legitimate rights and interests.

Anh Tuấn
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