A case sent a petition to functional agencies, requesting clarification of the conditions for first-time issuance of red books for land with encroachment and occupied origin. In which, the content of concern is that the requirement of "applicability to planning" will be understood in the direction of being consistent with all types of planning or just ensuring one type of planning according to law.
In addition to the above content, the reflection also mentions some practical situations such as land use planning that is not suitable due to project problems but construction planning is suitable; or planning that has been announced but there is no decision or notice of land acquisition, while the annual land use plan still identifies it as residential land.
In case the dossier has been certified to meet the conditions, and people have fulfilled their financial obligations but then changed administrative boundaries, additional guidance is also requested.
Answering this issue, the Ministry of Agriculture and Environment said that this is a specific case, under the jurisdiction of local authorities, so there is no basis to answer in detail for each case. However, this agency has guided on principles so that people and localities have a basis for implementation.
According to the Ministry of Agriculture and Environment, point a, clause 3, Article 139 of the Land Law stipulates that in cases where people are using land stably, in accordance with district-level land use planning or general planning or sub-area planning or construction planning or rural planning, they are considered for issuance of Certificates of land use rights, ownership of assets attached to land and must fulfill financial obligations as prescribed.
From this regulation, the Ministry of Agriculture and Environment clearly states: For land originating from encroachment, occupation or cases of arbitrary change of land use purpose, when carrying out procedures for issuing red books, land users must ensure stable use conditions and only need to be consistent with one of the types of planning according to the law, not mandatory, and at the same time meet all types of planning.
In other words, the key point in this group of cases is that the land plot must be used stably and be consistent with at least one type of planning listed by law. The review and settlement of specific dossiers is still carried out by competent authorities in the locality.
