On the Government Portal, Ms. H.T.M in Gia Lai reported that in 2012, her family bought a plot of agricultural land exploited by ethnic minorities. The purchase and sale was only done with a handwritten document and the land had not been granted a red book.
After buying and selling, her family has used it stably until now. In 2018, the family completed the procedures to apply for a red book under the centralized program.
The tax authority has notified the family of the tax payable for this land plot and notified the Commune People's Committee (address before the merger with the province) to notify her family.
After that, the commune also issued a notice about the amount of money her family had to pay. However, due to economic difficulties, her family has not paid taxes since 2018, so she has not been granted a red book.
Now the family wants to continue to issue red books and contact the People's Committee of the new commune after the merger for instructions. However, her family was told that the time had passed and did not know where the documents were.
Ms. M asked, in this case, what should she do to get a red book. If the family's documents have been lost, what should you do?
The Ministry of Agriculture and Environment responds to this issue as follows:
Due to the incomplete content of her reflections and recommendations, the Ministry of Agriculture and Environment has no basis to give specific answers.
The Ministry would like to propose some regulations on principles in registering and granting Certificates for this case as follows:
In 2018, she carried out the procedures for registration and issuance of Certificates, at this time applying the provisions of the 2013 Land Law and Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government on detailed regulations for the implementation of a number of articles of the Land Law. The procedures for granting the first Certificate to households and individuals are implemented according to the provisions of Article 70 of Decree No. 43/2014/ND-CP.
Accordingly, after the person in need of a Certificate submits the dossier and the People's Committee at the commune level performs the work in Clause 2, Article 70 above, the People's Committee at the commune level shall send the dossier to the Land Registration Office to continue performing the procedures.
The Land Registration Office performs the tasks specified in Clause 3, Article 70 of Decree No. 43/2014/ND-CP, in which Point g stipulates: "In case the land user requests to be granted a Certificate of land use rights, house ownership rights and other assets attached to the land, the cadastral data shall be sent to the tax authority for determination and notification of financial obligations collection...".
Based on the above regulations, if she has not fulfilled her financial obligations, the file is currently being kept at the Land Registration Office. Therefore, it is recommended that she contact the local Land Registration Office for inspection and review of her management records.
On the other hand, if she still has a copy of the documents prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 137 of the 2024 Land Law and the land management agency no longer has an archival file, she can carry out the registration and issuance of a Certificate procedure as prescribed in Clause 7, Article 137 of the 2024 Land Law: "A household or individual with a copy of one of the documents prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article but the original document has been lost and the state agency no longer maintains the management file for issuing this type of document, confirmed by the People's Committee of the commune where the land is located as a stable land, without disputes, will be granted a Certificate of land use rights and ownership of assets attached to the land; financial obligations according to the provisions of law".
The above is the opinion of the Ministry of Agriculture and Environment so that you know and follow the provisions of the law.
