On the Information Portal of the Ministry of Agriculture and Environment, citizens ask:
My land plot was handed over to Mr. A by the Signal Corps on October 15, 1993. Because the land plot has not been granted a Certificate of Land Use Rights, in 2018, Mr. A transferred it to me by handwritten paper. On the land, there are house foundations built from 2019.
Please ask, the Ward People's Committee proposes to carry out procedures for issuing Certificates according to Article 140 of the Land Law and Article 17 of Decree No. 123/2024/ND-CP. In the above case, does the land plot meet the conditions to be granted a Certificate of Land Use Rights?
I have paid non-agricultural land use tax annually from 2018 to now. If the land plot does not meet the conditions for issuing a Certificate, am I entitled to register for the first time in my name according to point a, clause 1, Article 132 of the Land Law or not?
If the above-mentioned handwritten transfer case falls under penalty according to Article 17 of Decree No. 123/2024/ND-CP, how is the penalty determined and implemented?
The Ministry of Agriculture and Environment has the following opinions:
The content of your reflection is a specific case, to answer and resolve the case, it is necessary to base on cadastral records, types of documents being stored in the locality through periods, so the Ministry of Agriculture and Environment does not have a basis to answer specifically. The Ministry of Agriculture and Environment provides some information related to the provisions of land law as follows:
According to the provisions of Article 131, Article 132 of the Land Law, land registration is mandatory for land users. In case the land plot is being used but has not been registered, the first registration is carried out for land and assets attached to land. Land users are obliged to declare land registration according to the provisions of Clause 2, Article 31 of the Land Law.
Regarding the issuance of Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land allocated without proper authority as stipulated in Article 140 of the Land Law. However, in case of land use due to receiving land use rights transfer (due to receiving land use rights transfer not in accordance with the law and the land plot has not been granted a Certificate) after July 1, 2014 without land use right documents specified in Article 137 of the Land Law, there is no basis for resolution.
The Ministry of Agriculture and Environment informs you to study the above regulations and implement them according to the provisions of law.
