Citizens who sent their questions to the Ministry of Agriculture and Environment said that in 1989, a couple of citizens reclaimed and transformed a piece of land to grow vegetables. Is this a qualified case to be granted a red book for the above land? The citizen added that up to now, the above land has no disputes.
Responding to this content, the Ministry of Agriculture and Environment said that according to the reflection, the land that the citizen husband and wife are using originated from being cleared since 1989 to grow vegetables. Therefore, to clarify the conditions for granting a Certificate for the above land plot, citizens can refer to the following regulations to know:
Clause 4, Article 139 of the Land Law stipulates:
4. Households and individuals who are using agricultural land due to self-reclaimed land without disputes will be granted a Certificate of land use rights and ownership of assets attached to land by the State according to the agricultural land allocation limit prescribed by the Provincial People's Committee; if the limit prescribed by the Provincial People's Committee is exceeded, the excess area must be converted to State land lease."
Clause 1, Article 151 of the Land Law stipulates:
1. Land users are not granted a Certificate of land use rights and ownership of assets attached to land in the following cases:
a) Agricultural land used for public purposes as prescribed in Article 179 of this Law;
b) Land allocated for management in cases specified in Article 7 of this Law, except in cases where land is allocated for common use with land allocated for management, it shall be granted a Certificate of land use rights and ownership of assets attached to land for the land area used according to the land allocation or land lease decision of a competent state agency;
c) Land leased or subleased from land users, except for the case of leasing or subleasing land from investors in infrastructure construction and business, in accordance with the investment project approved by competent authorities;
d) Land received under a contract, except for cases where land use rights are recognized in Point a, Clause 2, Article 181 of this Law;
d) Land has had a land reclamation decision of a competent state agency, except in cases where it has been more than 03 years since the date of the land reclamation decision but has not been implemented;
e) Land is in dispute, is being seized, and other measures are being applied to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement; land use rights are being applied temporary emergency measures according to the provisions of law.
