Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) cited the case of a household in Hung Yen's problems related to the issuance of red books.
According to the sharing of this household, the family has used the land plot for a very long time, at least from before 1972. This is land left by grandparents but has never made a red book, or procedures related to the issuance of a Certificate of Land Use Rights.
People said that the family no longer has many papers related to the land plot. The remaining papers include papers showing the land previously divided and one paper related to the purchase of an adjacent land plot to merge into the land plot being used after the road was adjusted.
However, during the use, the family still performed the related obligations normally. Up to now, the land plot has been used stably, without disputes.
From the above case, lawyer Quach Thanh Luc said that, through the information provided by the people, it can be seen that the land plot existed before 1972 and originated from the local government allocating land for population expansion to households in the same period. Therefore, it is likely that not only this family but also many other households in the area were allocated land in the same period.
According to the lawyer, with land originating from state allocation as above, in cadastral records through periods in the locality, information related to the land plot may still be kept.
People can completely contact land administration officials and specialized agencies to request the provision of land administration records related to land plots through various periods.
Through the collection of cadastral records, people can determine when the land plot was managed by the State; what type of land is recorded on the map; what type of land is shown in the land register; the number of squares, plot numbers, and map sheet numbers.
Lawyer Quach Thanh Luc instructed that after having cadastral records in hand, people can use forms according to the instructions of specialized agencies to carry out declarations. When there is complete information about the land plot, people will have a basis to accurately declare the necessary contents.
After people declare and submit dossiers, functional agencies will continue to collect and inspect relevant dossiers and documents; consider and determine the origin of land use, including contents such as whether land is allocated by the State or not, whether financial obligations have been fulfilled or not, when houses were built, whether the land use process is stable or not, whether there are disputes or complaints.
On that basis, functional agencies will assess and determine whether the land plot is eligible for a Certificate or not; what type of land is recognized; whether land users have to fulfill financial obligations or not; if they have to, how is the amount determined, and how is the area within and outside the limit calculated.
According to the lawyer, the first step people need to take is to request to provide and collect cadastral records. After having complete cadastral records and information related to the land plot, people begin to declare forms according to regulations.
After completing the declaration, people submit dossiers online or directly at the receiving agency. At that time, people have basically completed their responsibilities and transferred dossiers to functional agencies for consideration, verification, calculation of financial obligations and settlement of Certificate issuance according to regulations.
From the above case, lawyer Quach Thanh Luc recommends that people should start carrying out procedures soon.
According to him, previously, the procedure for issuing Certificates could face many difficulties due to having to go through many levels, many agencies and many processing stages. However, currently, along with the process of administrative procedure reform and new regulations of land law and guiding documents for implementation, the resolution process has been simplified, creating more favorable conditions for people.
