According to the Government Electronic Information Portal, your company receives the land transfer, on the Certificate is commercial service land, long-term use term.
Readers ask, when the company receives the transfer, will it be adjusted to a 50-year land use term or not?
Readers also want to know, the new Land Use Rights Certificate does not show the origin of land use as before, so is there any way to check the origin of land use?
If the origin of the land lease was previously to receive a land transfer allocated by the State with land use fees, then now if the company receives the transfer, does it need to go through procedures to return the land to the People's Committee to re-sign the land lease contract or not?
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 2, Article 174 of the 2024 Land Law stipulates the land use term when receiving a transfer of land use rights. Accordingly, the transferee of land use rights for land used stably and permanently is allowed to use the land stably and permanently.
She is requested to contact the Agricultural and Environmental Agency where the land is located for guidance on settlement according to the provisions of law.
Regarding the inspection of land use origin, Clause 9, Article 8 of Circular No. 10/2024/TT-BTNMT dated July 31, 2024 of the Minister of Natural Resources and Environment regulating cadastral records, Certificates of land use rights, and ownership of assets attached to land stipulates the display of information on land use origin determined in the form of land use fees and land rents that land users must pay when the State allocates land, leases land, permits change of land use purpose, and recognizes land use rights.
Clause 7, Article 33 of Circular No. 10/2024/TT-BTNMT stipulates that the information specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article and other information about the land plot specified in Article 8 of this Circular are shown in the QR code of the Certificate.
Regarding whether to carry out land return procedures or not, because there are no accompanying documents and the questions are unclear, it is impossible to answer specifically.
However, based on the content of the question, the Ministry of Agriculture and Environment replied in general as follows:
In case of receiving the transfer of a person who is in possession of land, he/she can continue to use the land for the remaining period stated in the land allocation decision, the land use must be for the assigned purpose, without having to carry out procedures for land return; The State shall sign a land allocation or land lease contract to a new owner for the remaining period of use.
Please inform me and contact the local competent authority to resolve the issue according to regulations.
