Citizens should send a question to the Ministry of Agriculture and Environment asking about the case where a household that has used a house for residential purposes before July 1, 2004 is now requesting a certificate of land use rights, a household that does not have documents proving land allocation before July 1, 2004 will be recognized as land used stably for residential purposes to consider granting a certificate of land use rights?
Responding to this content, the Ministry of Agriculture and Environment said that in cases where households and individuals are using land stably and have documents, papers... proving that the land has been allocated without proper authority as prescribed in Article 140 of the Land Law, they will be considered and granted a Certificate of land use rights and ownership of assets attached to the land.
Article 140 of the Land Law stipulates that land is allocated without proper authority to households and individuals according to the provisions of the law on land at the time of allocation or use of land due to purchase, receipt of liquidation, valuation, distribution of houses and construction works attached to land that are not in accordance with the provisions of law, the issuance of Certificates of land use rights and ownership of assets attached to land shall be carried out as follows:
1. In case the land has been used stably before October 15, 1993, and is now confirmed by the People's Committee of the commune where the land is located as not having a dispute, the person using the land shall be granted a Certificate of land use rights and ownership of assets attached to the land for the land area assigned according to the provisions of Clause 2 and Clause 6, Article 138 of this Law;
2. In case the land has been used stably from October 15, 1993 to before July 1, 2004, now confirmed by the People's Committee of the commune where the land is located as not having a dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, the Certificate of land use rights and ownership of assets attached to land shall be granted according to the provisions of Clause 3 and Clause 6, Article 138 of this Law;
3. In case the land has been used stably from July 1, 2004 to before July 1, 2014, now confirmed by the People's Committee of the commune where the land is located as not having a dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, the Certificate of land use rights and ownership of assets attached to the land will be granted as follows:
a) For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area granted a Certificate of land use rights and ownership of assets attached to the land is equal to the residential land allocation limit;
b) For land plots with houses, houses and works serving life, if the land plot area is smaller than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area shall be determined as the entire area of that land plot;
c) The remaining area (if any) after the residential land area has been determined according to the provisions of Point a of this Clause shall be recognized according to the current status of land use;
4. In case the land is allocated from July 1, 2014 to before the effective date of this Law, now confirmed by the People's Committee of the commune where the land is located as not having a dispute, in accordance with the land use planning and the land user has documents proving that he/she has paid money to use the land, the land limit for granting a Certificate of land use rights and ownership of assets attached to the land is determined according to the provisions of Clause 3, Article 138 of this Law;
5. The State shall not issue a Certificate of land use rights and ownership of assets attached to land for land that has been allocated or leased without proper authority from July 1, 2014 onwards, except for the cases specified in Clause 4 of this Article;
6. Land users who are granted a Certificate of land use rights and ownership of assets attached to land as prescribed in Clauses 1, 2, 3 and 4 of this Article must fulfill financial obligations according to the provisions of law;
7. The Government shall detail this Article.
