On the Government Portal, a citizen in Ho Chi Minh City wondered:
Previously, Ms. N.X's uncle (HCMC) was a local police officer, at the end of 1989, he got married, and his wife also worked in the locality. Due to family circumstances, her uncle filed a petition to the Ward People's Committee requesting land to build a house on August 10, 1990.
After that, the Chairman of the Ward People's Committee certified the application with the content "To create conditions for peace of mind in work, the Ward People's Committee temporarily arranged for you to temporarily reside at the headquarters of the Neighborhood Protection Board (where your area is being managed)"; The Chairman of the Ward People's Committee signed and stamped on August 13, 1990. Since that day, Ms. X's uncle and family moved in, have repaired and renovated to live stably until now; registered permanent residence from September 20, 1990; installed electricity and water meters (with receipts and confirmations from 1991, 1992); annually paid full land tax; and had a House and Land Registration Form in 1999 as prescribed.
Ms. X asked, according to the provisions of the 2024 Land Law, is her uncle's family eligible for issuance of Certificates of land use rights, ownership of assets attached to land to households and individuals who are using land allocated not in accordance with authority? In case of meeting legal conditions according to regulations, what procedures must her uncle carry out to be granted a Certificate?
The Ministry of Agriculture and Environment answers this question as follows:
The content of her reflection is a specific case and needs to be based on archived records, specific regulations of the locality issued under its authority to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment has a common opinion as follows:
Article 140 of the Land Law stipulates the issuance of Certificates for cases where land is allocated without proper authority to households and individuals in accordance with the law on land at the time of allocation or use of land due to purchase, liquidation, valuation, distribution of houses, and construction works attached to land not in accordance with the law.
According to the provisions of Article 13 of the 1988 Land Law, commune-level People's Committees are not authorized to allocate land to households and individuals.
The Ministry of Agriculture and Environment would like to provide information so that she could know and contact the competent authorities in the locality for consideration and resolution according to the provisions of law.
