Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) cited the case of a household in Hung Yen's problems related to the issuance of red books for land that was previously allocated without proper authority.
According to people's presentation, around 1987-1988, the family applied to the Commune People's Committee to allocate a part of the land area in the pond head area. By the beginning of 1990, the family was allocated land and paid the money as requested by the local authorities. People remember the time of land allocation and paid the money, but to date, there are no more invoices or documents proving the payment.
People said that they have contacted land administration officials many times to ask about the issuance of red books. At one point, land administration officials said that this case could be considered for resolution, but they must fulfill financial obligations equal to 40% of the land value because there are no documents proving that money has been paid when land was allocated.
According to the announced calculation method, the corresponding amount to be paid is about more than 30 million to 40 million VND/m2. However, after that, people were informed that they could not carry out the procedures and had to wait for instructions from superiors.
People said that since being allocated land in about 1990 to now, the family has used it stably, there is no dispute and they have built houses on the land. Therefore, people want to know if this case is eligible for the State to consider issuing a red book or not?
Analyzing the above case, Lawyer Quach Thanh Luc said that, according to the provisions of the 2024 Land Law, if the land area of the household is determined to be land allocated without proper authority, the consideration of issuing a Certificate of Land Use Rights shall be carried out according to Article 140 of the Land Law.
Specifically, if households are allocated land and used stably from around 1990, falling under the case specified in Clause 1, Article 140 of the 2024 Land Law, and have built houses and used stably, there is a basis to consider issuing Certificates of Land Use Rights according to the current status if they fully meet the conditions according to regulations.
Regarding financial obligations when issuing Certificates, Lawyer Quach Thanh Luc said that the amount to be paid also depends on whether the land user can prove that they paid money when the land was allocated or not.
After the competent authority inspects and approves all relevant dossiers and documents, financial obligations will be determined according to regulations for each specific case.
Regarding the legal basis, if all the above conditions are met, this case is eligible for consideration for issuing a Certificate of Land Use Rights," Lawyer Quach Thanh Luc said.
