The citizen sent a question to the Ministry of Agriculture and Environment said that in 1991, he was allocated land for housing by the People's Committee of Bac Ha district (old) and his family built a house until 2001, so due to the inconvenience of the road, they moved to live on another plot of land closer to the road. The old house was dilapidated due to long-term disuse and the family later demolished it.
Up to now, the two children of this citizen have grown up and do not have a house to live in. If they want to apply for a certificate of land use rights for the above plot of land so that this citizen's children can build a house, the state agency will replied that they do not meet the conditions because there are no more houses on the land, so they are not eligible for a certificate because they do not use the land stably for residential purposes.
Citizens ask if the state agency replied like that?
Responding to this content, the Ministry of Agriculture and Environment said that according to the reflection, the use of land by citizens' families is the Land Allocation Decision of the People's Committee of Bac Ha district in 1991.
This is a case of land allocation under the correct authority as prescribed in the Land Law 1987, in the case of having documents on land use rights as prescribed in Point a, Clause 1, Article 137 of the 2024 Land Law. Accordingly, the determination of residential land area when recognizing land use rights (issuing Certificates of land use rights, ownership rights of assets attached to land) for the above land plot shall be implemented in accordance with the provisions of Article 141.
Accordingly, In case the land plot was formed from December 18, 1980 to before October 15, 1993, the land user does not have to pay land use fees for the area determined as follows:
a) A land plot with an area equal to or larger than the residential land recognition limit but the land use right documents clearly state the residential land area shall determine the residential land area according to that document; in case the residential land area shown on the land use right documents is smaller than the residential land recognition limit or the residential land area has not been clearly stated, the residential land area shall be determined by the residential land recognition limit;
b) A land plot with an area smaller than the residential land recognition limit shall be determined as residential land;.
Based on the above provisions, in case there are documents on land use rights specified in Point a, Clause 1, Article 137 of the Land Law, clearly stating the residential land area, the residential land area when issuing the Certificate shall be determined according to the above provisions of Article 141 regardless of whether there is no housing on the land.
The Ministry of Agriculture and Environment provides information for citizens to contact the People's Committee of the commune where the land is located for settlement. In case you do not agree with the results of handling administrative procedures, you have the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law.
