Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) - said that in fact, a land plot may have many types of related documents. However, only documents specifically listed in Article 137 of the Land Law are considered to be cases of land with documents.
Other documents that do not belong to the types specified in Article 137 of the Land Law are still considered in case of land use without documents. For example, land users have receipts, receipts, or some handwritten purchase and sale documents in 2014, but if they do not belong to the types of documents specified in Article 137, they are not considered as land with documents according to this regulation.
Thus, the difference lies in the fact that land with papers must have types of papers specifically listed by law, in this case in Article 137 of the Land Law. If there are other papers but they are not in this list, they are still considered in the case of land without papers.
According to lawyer Quach Thanh Luc, land without papers can still be granted a Certificate if it meets the conditions according to regulations, including stable land use and no disputes. However, the rights of land users will vary depending on the period and time of starting land use.
Specifically, for cases of land use before December 18, 1980, if people have built houses and works serving life, when issuing the Certificate, the area of residential land recognized is based on the residential land recognition limit. This is a large limit, through which land users can enjoy benefits in terms of land use fees.
In case people build houses, works, and yards on the entire land area, the residential land area is recognized according to the residential land recognition limit. For the area exceeding the residential land recognition limit, land users will have to pay land use fees to be recognized by the State as residential land.
After determining the time of land use, construction of works and residential land limits, the remaining area will be determined according to the current status of use. For example, the land currently used for gardening will be determined according to the current status of gardening; the land used for ponds will be determined according to the corresponding current status.
For cases of land use from October 15, 1993 to before July 1, 2014, if in this period people use land stably and have built houses, the area recognized as residential land without having to pay land use fees will be based on the residential land allocation limit. This limit is much lower than the residential land recognition limit.
According to the lawyer, different times of starting to use stable land will lead to different rights to recognition of residential land area. The longer the land is used stably, the larger the area that can be recognized as residential land; conversely, the closer the time of use, the smaller the recognized residential land area may be and the amount of land use fees to be paid may be greater.
These are the basic differences that people need to pay attention to in case of using land without papers.
Lawyer Quach Thanh Luc also noted that it is necessary to distinguish between the residential land recognition limit and the residential land allocation limit.
Accordingly, the land allocation limit is the land area regulated by each locality when allocating land to people, which may be associated with collecting or not collecting land use fees and has a minimum and maximum area. For example, some localities stipulate a minimum area of 30m2 and a maximum of 90m2. The limit may also vary between delta, midland and mountainous areas. This content is specifically regulated in the documents of the provincial-level People's Committees.
Meanwhile, the residential land recognition limit is usually greater than the residential land allocation limit, which can be regulated 3-5 times the maximum residential land allocation limit. For example, if the residential land allocation limit is 100m2, the residential land recognition limit can be about 300-500m2.
According to the lawyer, this difference greatly affects the rights and financial obligations of land users. For example, if 100m2 of residential land must pay 10 million VND/m2, the total amount to be paid may be up to billions of VND.
Therefore, people need to provide complete dossiers and documents proving the time of starting to use land stably; the time of building houses, auxiliary works, yards, water tanks and works serving life.
These are important bases to determine the land recognition limit for residential land, thereby directly affecting the area of residential land recognized and the land use fee that people must pay.
