On the Information Portal of the Ministry of Agriculture and Environment, citizens ask:
I have a land plot in Xuan Truong commune, Da Lat city (old), originating from my reclamation in 1995 and used stably from then until now.
Through research, I learned that this area previously belonged to the old Da Lat Forestry Farm. In January 1993, the Lam Vien Forest Management Board was established on the basis of transferring all forest land, forests, assets and cadres, civil servants, and public employees belonging to the Da Lat Forestry Farm.
In 2000, the Provincial People's Committee adjusted the land area allocated to the Lam Vien Forest Management Board according to Decision No. 957, which still included the land area I am using. In 2019, the Provincial People's Committee continued to adjust the boundaries according to Decision No. 1424 and moved my land out of the boundaries managed by the Lam Vien Forest Management Board. In the process of adjusting from Decision No. 957 to Decision No. 1424, no land use plan was approved.
Currently, I have a need to request a Certificate of Land Use Rights. When contacting for guidance, I learned that my case falls under point c, clause 2, Article 139 of the Land Law, which stipulates cases of land use due to encroachment and occupation of land originating from agricultural and forestry farms allocated land by the State without collecting land use fees for subjects through periods.
Article 26 of Decree No. 101/2024/ND-CP guiding point c, clause 2, Article 139 of the Land Law stipulates that the issuance of Certificates for households and individuals is carried out based on the land use plan approved by competent authorities.
So, in my case, when adjusting the land area allocated to the Lam Vien Forest Management Board from Decision No. 957 in 2000 to Decision No. 1424 in 2019, if the Lam Vien Forest Management Board has not developed a land use plan, has not made a decision to hand over land to the local management but only has a land handover record to the locality signed between units, is it necessary to develop a land use plan before issuing the Certificate? If so, which agency or unit is responsible for developing this plan according to the provisions of Article 26 of Decree No. 101/2024/ND-CP?
The Ministry of Agriculture and Environment has the following opinions:
The reflected content is a specific case and needs to be based on archived records, specific regulations of localities issued according to thẩm to consider and resolve information, the Ministry does not have enough basis to answer specifically. The Ministry exchanges some legal principles for citizens to study and compare with their actual records as follows:
1. Regarding the development of land use plans:
According to the provisions of Clause 2, Article 180 of the 2024 Land Law, for the land area that has been recovered or handed over to the locality for management, it is not necessary to develop a land use plan, except for cases under Article 181 of the Land Law (land managed and used by agricultural and forestry companies) that must develop a land use plan according to the provisions of law.
Therefore, regarding whether to develop a land use plan or not, it will depend on the origin of the land plot being used by you to determine whether that land plot is subject to application according to Article 180 or Article 181 of the Land Law mentioned above.
2. Regarding the issuance of Land Use Right Certificates:
The consideration of issuing Certificates to households and individuals is carried out according to Articles 137, 138, 139 and 140 of the 2024 Land Law, based on: land origin, time of starting land use, state management process through periods, and dossiers and documents stored by localities. In case there are grounds to determine that land use violated land law before July 1, 2014, the issuance of Certificates is carried out according to Article 139 of the 2024 Land Law.
The Ministry of Agriculture and Environment informs citizens to know and study applying according to the provisions of law.
