Talking to Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said that in the process of resolving dossiers for issuing Certificates of Land Use Rights for cases where land has been bought and sold by handwritten papers through many generations of owners, it is necessary to approach in the spirit of: If the origin has not been determined, the origin must be clarified; if there are problems, it is necessary to find ways to remove them according to legal regulations.
According to the lawyer, in reality, some professional staff may have a narrow meaning when resolving these cases. However, for land plots that have been used stably, have gone through many owners, and currently have no disputes, it is necessary to fully consider the management and use process and arising transactions to ensure the legitimate rights and interests of land users.
The land has been used stably, through many owners, and currently no one is disputing. Land law has regulations aimed at removing obstacles for people.
Therefore, in my opinion, there is no reason not to consider the concept of "related parties" in a broad sense, including those who have participated in the transfer process through previous owners, to have a basis for resolving the issuance of Certificates to the final land user if they fully meet the conditions according to regulations," Lawyer Quach Thanh Luc analyzed.
According to the lawyer, in many cases, previous land users no longer have needs or actual rights related to the land plot, while current users have a need to be recognized by the State for legal land use rights. Resolving dossiers, if conditions are met according to regulations, not only ensures the rights of the people but also contributes to improving the efficiency of state management of land.
When land use rights are legally established, people have conditions to exercise rights such as transfer and other transactions as prescribed; at the same time, the State has a basis for managing land, fulfilling financial and tax obligations related to and contributing to stabilizing social relations arising from land use.
According to Lawyer Quach Thanh Luc, if the resolution of a case both ensures the legitimate rights of the people and serves the requirements of state management and does not affect the legitimate rights and interests of other subjects, the competent authority needs to consider the case fully, based on the dossier and relevant legal regulations.
However, the lawyer also noted that to resolve complex cases such as land purchased and sold by handwritten papers through many generations of owners, people need to proactively exchange, provide dossiers and documents and coordinate with officials to resolve dossiers. Because officials and competent agencies when resolving must also be responsible for their decisions.
We must also understand that officials handling dossiers must be responsible for each specific case. But if the land plot is not disputed, the land use process can be determined and the law has a mechanism for the parties to resolve it, then the buying and selling relationships that have gone through too many generations of owners need to be considered and resolved instead of continuing to cause difficulties for the people," the lawyer stated his opinion.
Therefore, in these cases, according to the lawyer, people need to exchange reasonably and emotionally, and at the same time clarify the basis and purpose of legal regulations for competent authorities to consider and resolve.
The important issue is to determine the land use process, related transactions, dispute status and necessary legal conditions for competent authorities to consider and resolve," the lawyer said.
Lawyer Quach Thanh Luc also said that if due to fear of risks, land users do not proactively carry out the necessary procedures, the unclear legal status of the land plot will continue to exist.
Conversely, people can proactively work with lawyers, functional agencies, provide dossiers, documents and exercise their rights according to regulations to gradually remove obstacles.
