On the Government Information Portal, Mr. N.N.T in Lam Dong reported that Clause 6, Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration, issuance of red books and land information systems, stipulates:
Households and individuals who are using land for purposes other than those that have been allocated land, leased land, or recognized land use rights by the State, but the land use is in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning approved by competent authorities, shall be handled as follows:
In case the Certificate has not been granted, the first issuance of a certificate of land use rights and ownership of assets attached to land shall be carried out according to the provisions of Clause 1, Article 28, Article 31 and Article 36 of this Decree.
In case a certificate has been granted, registration of changes in land and assets attached to land shall be carried out according to the provisions of Articles 29 and 37 of this Decree;
Land users must fulfill financial obligations for the area where they have arbitrarily changed the land use purpose according to the provisions of law at the time of submitting the registration dossier, issuing a certificate of land use rights and ownership of assets attached to the land.
Mr. T asked whether violations occurring after July 1, 2014 are applied to comply with the above provisions of Clause 6, Article 25 or not?
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 6, Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System, detailing instructions for Clause 1 and Clause 3, Article 139 of the Land Law.
Accordingly, Article 139 of the Land Law only stipulates the settlement of cases of households and individuals using land that violated land law before July 1, 2014, including cases of using land for the wrong purpose that have been allocated land, leased land, or recognized by the state for land use rights but have violated before July 1, 2014.
Therefore, Clause 6, Article 25 of Decree No. 101/2024/ND-CP does not stipulate the settlement of cases occurring after July 1, 2014.
