Citizens send questions to the Ministry of Agriculture and Environment with the content:
My family has been using land plot No. 41 since 1970, which was allocated by the commune to the people of the new hamlet (people dismantling houses to protect the dyke). In 1988, we arbitrarily used land plot No. 40. Both of these land plots are on the 1993 map.
Up to now, my family has applied for a red book for the first time, the commune has administratively sanctioned land plot No. 40 according to Decree 123/2024. Is this right or wrong? How to implement Clause 4, Article 3 of Decree 123/2024 (households using land before October 15, 1993...)?
The Ministry of Agriculture and Environment said that the content of the question does not clearly state what guidance is requested, according to the provisions of relevant land law:
- For cases where families have used land plot No. 41 since 1970 issued by the commune to new hamlet residents: In case they have one of the documents specified in Article 137 of the Land Law and use land stably, consideration is given to issuing a certificate according to Article 137 of the Land Law; in case families are using land stably without one of the types of land use right documents specified in Article 137 of the Land Law, not falling into the cases specified in Articles 139 and 140 of the Land Law, consideration is given to issuing a certificate according to Article 138 of the Land Law.
- For land plots used arbitrarily from 1988:
The determination of land encroachment or land occupation is based on the provisions of Clause 9 and Clause 31 Article 3 of the Land Law and specific provisions in Clause 1 of Article 13 of Decree 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land for determination.
In case the family's land use is encroachment on land, land occupation occurred before October 15, 1993 without a written handling from a competent authority, administrative violations in the field of land are not sanctioned according to the provisions of Clause 4, Article 3 of Decree 123/2024/ND-CP dated October 4, 2024 of the Government.
