Answering the question of Lao Dong Newspaper readers, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said: Article 137 of the 2024 Land Law has listed many types of documents as a basis for determining the case of issuing Certificates of People under the scope of regulation of this article. When all types of documents are available according to regulations, the implementation of the Certificate issuance procedure will be more convenient.
However, Article 137 has a structure consisting of many clauses, each clause resolving a different group of issues. Therefore, when applying, it is necessary to specifically analyze each case, including two major issues: What documents do land users have and do they have to pay or not have to pay land use fees.
To carry out the issuance of Certificates, it is also necessary to determine the area of residential land, the area of agricultural land, the area within or outside the limit, and whether or not land use fees must be paid. At this time, it is necessary to continue to compare with Article 141 of the 2024 Land Law.
Article 141 of the 2024 Land Law is designed to further clarify the provisions of Article 137, thereby more specifically defining the rights of the person granted the Certificate.
However, according to lawyer Quach Thanh Luc, when studying Article 141 of the 2024 Land Law, there are cases that cannot only be based on this article to handle. Article 141 stipulates the determination of residential land area for cases on land with houses and works serving life. Accordingly, if there are houses and works serving life, the residential land area is determined according to the residential land recognition limit; the remaining area is determined according to the current land use status.
There are cases where documents under Article 137 do not state the purpose of use as residential land or houses. At that time, it is not possible to only apply Article 141 to resolve. Therefore, it is necessary to continue to determine the applicable clause to determine the type of land and land limit. This case must be compared with Article 10 of the 2024 Land Law.
If the documents specified in Article 137 state that it is agricultural land but in fact the land is used for other purposes, it is necessary to continue to base on Article 7 of Decree 102/2024/ND-CP. That is the determination of contents related to land type and land area. As for the amount of money that land users must pay, it is necessary to continue to compare with Decree 103/2024/ND-CP and the amended and supplemented regulations in Decree 291.
According to lawyer Quach Thanh Luc, this is an issue that many people can hardly fully understand themselves because the regulations are linked together and the application in practice is relatively complicated.
However, if researched in the correct order, it can be imagined as follows: From Article 137, refer to Article 141; if Article 141 has not completely resolved, continue to compare with Article 10 of the 2024 Land Law; if Article 10 has not resolved specific cases, continue to base on Article 7 of Decree 102/2024/ND-CP. Regarding financial obligations related to land, Decree 103/2024/ND-CP, Decree 291 need to be applied and in some cases, relevant resolutions need to be further studied.
According to the lawyer, when resolving a legal issue, specifically a case of issuing a Certificate, it is necessary to study legal regulations, which require the ability to synthesize and link regulations.
