On the Government Portal, Ms. N.T. T wondered:
Ms. N.T. T has 350 m2 of land, was granted a Certificate in 2010, the land use purpose is perennial crop land, the origin is transferred from others and the origin is recorded as: Receiving transfer is recognized as land allocation without collecting land use fees.
According to the current situation, on the land there is a house with an area of about 50 m2 built by the previous user around 2005 (before Ms. T received the transfer). The certificate of the previous owner was issued in 1997.
Now she is carrying out procedures to register changes to be recognized for the 50 m2 area being used as residential land according to regulations for cases of using land for improper purposes but having been recognized for land use rights by the State before July 1, 2014.
Ms. T asked, after being recognized for land use purpose for the 50 m2 area mentioned above, is the origin of land use of this area on the Certificate determined as: receiving transfer recognized as land allocation with land use fees or recognizing land use rights as land allocation with land use fees?
In case the residential land is built illegally by the previous user, but Ms. T is the legal transferee afterwards, is the determination of the origin of land use based on the origin of the land user or on the current status of the previous violation?
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of point a, clause 5, Article 5 of Decree No. 123/2024/ND-CP, in case of administrative violations occurring before the transfer of land use rights, the land use right transferor shall be administratively sanctioned and must implement remedial measures for the violations committed by themselves according to regulations.
In case the transferring party is a dissolved or bankrupt organization, an individual who has died without an heir or moved to another place but is certified by the commune-level People's Committee where the land is located at the time of detecting the violation, the address cannot be determined and it does not fall into the case of land recovery by the State, the transferring party is not subject to administrative sanctions but must implement remedial measures caused by the transferring party.
The transferee of rights shall be administratively sanctioned and take remedial measures for the violations committed by them (if any).
Thus, according to her reflection, it falls under the case of administrative violation (voluntary change of land use purpose) that occurred before the transfer of rights and the administrative violation penalty is applied to the land use right transferor.
In case she meets the conditions to be granted a Certificate of Land Use Right for residential land purposes as prescribed in Clause 3, Article 139 of the Land Law, she is subject to the regime of recognition of land use rights such as land allocation with land use fees.
The above is the opinion of the Ministry of Agriculture and Environment for you to know and implement according to the provisions of law.
