Reader Nguyen Dinh Hung (Nghe An) reflected that in 2003, his family was allocated a land plot by the Commune People's Committee, but the land allocation was not in accordance with authority.
According to the local planning map, the land plot is identified as rural residential land and his name is in the management records. Every year, the family still pays full non-agricultural land use tax. However, the current status of the land plot has not built houses, mainly used for animal husbandry and vegetable cultivation.
When applying for a Certificate of Land Use Rights (red book), Mr. Hung was replied to by the Commune People's Committee that the land plot does not meet the conditions for issuing a book because the current status is vacant land, without housing. Mr. Hung wondered whether his case would be granted a Certificate or not and if granted, would it be recognized as residential land or not?
According to the Ministry of Agriculture and Environment, the Land Law stipulates the issuance of Certificates of Land Use Rights for cases of land use originating from unqualified authority.
Clause 2, Article 140 of the Land Law stipulates: in case the land has been used stably from October 15, 1993 to before July 1, 2004, and the commune-level People's Committee confirms that there is no dispute and it is in accordance with the land use plan or construction plan, it is considered for issuance of a Certificate of land use rights and ownership of assets attached to land.
Regarding the determination of land use purpose when issuing Certificates, land law also has specific regulations. In case the land plot has houses and works serving life, the residential land area is recognized according to the regulations of the Provincial People's Committee.
Meanwhile, if people are using land stably for agricultural land purposes, they can be granted a Certificate in the form of the State allocating land without collecting land use fees for the area being used, but not exceeding the limit for agricultural land allocation as prescribed.
Thus, the fact that a house has not been built is not the only factor determining whether a Certificate is issued or not. The competent authority will consider many factors such as the time of starting land use, stability in the process of use, dispute status and conformity with planning.
In case people have problems or disagree with the results of resolving administrative procedures of the locality, they can contact the land management agency for guidance or exercise the right to complain and sue according to the provisions of law.
