answers about self-defeated agricultural land when issuing red books

Huy Hùng |

Citizens requested clarification on what is an open land when carrying out procedures for granting red books.

Citizens should send questions to the Ministry of Agriculture and Environment asking about the issuance of land use right certificates, in which cases Clause 6, Article 138 and in which cases Clause 4, Article 130 apply.

Clause 4, Article 139 of the Land Law stipulates: "4. Households and individuals who are using agricultural land due to self-reclaimed land without disputes will be granted a Certificate of land use rights and ownership of assets attached to land by the State according to the agricultural land allocation limit prescribed by the Provincial People's Committee; if the limit prescribed by the Provincial People's Committee is exceeded, the excess area must be converted to State land lease."

So what is self-defense?

Responding to this content, the Ministry of Agriculture and Environment said that Article 138 of the Land Law stipulates the granting of Certificates to households and individuals who are using land without documents on land use rights without violating land laws, not falling under cases where land is allocated without proper authority. Accordingly, Clause 6, Article 138 of the Land Law stipulates the granting of Certificates for cases where individuals are using them stably for agricultural purposes without violating land laws.

Article 139 of the Land Law stipulates the settlement of cases of households and individuals using land that violate land law before July 1, 2024. Accordingly, Clause 4, Article 139 of the Land Law stipulates the settlement of the issuance of Certificates for households and individuals using agricultural land due to self-development (one of the cases of land law violations).

Huy Hùng
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