Mr. H.D.C in Phu Tho reflected that his family was allocated land by the cooperative before December 18, 1980, based on the minutes of the town's land registration council.
Mr. C asked whether this plot of land is considered land allocated without proper authority under Article 140 of the 2024 Land Law or not?
The Ministry of Agriculture and Environment responds to this issue as follows:
The application of policies to review and issue certificates to households and individuals using land needs to be based on each specific case and needs to be based on local land management records. The Ministry of Agriculture and Environment provides information to citizens as follows:
Land law policies have gone through many periods, so the determination of land allocated without proper authority needs to be determined at a specific time to be based on the provisions of the law at that time.
According to the provisions of Points 1 and 2, Section IV of Decision No. 201-CP dated July 1, 1980 of the Government Council on unifying land management and strengthening land management nationwide, all organizations and individuals using land must accurately declare and register the types of land they are using in the state land register, the People's Committee of the commune must check this declaration and after declaration and registration, any organization or individual confirmed as a legal user manager will be granted a red book.
The issuance of certificates of land use rights and ownership of assets attached to land for households and individuals with documents on land use rights is stipulated in Article 137 of the 2024 Land Law, in which Point d, Clause 1 stipulates one of the documents on land use rights established before December 18, 1980 (including a list book, a receipt book with the name of the land user).
The Ministry of Agriculture and Environment provides information for him to study and contact the competent authority for settlement in accordance with the provisions of law.
