Sending a question to the Ministry of Agriculture and Environment, the citizen said that in 2001, he bought 100m2 of land from a person in the same village. The origin of the land is land for growing annual crops. The purchase and sale documents are confirmed by the People's Committee of the commune to buy a house.
According to the citizen, the land is still under the old owner's name (not yet transferred). The current status of the land plot that this citizen has lived in since 2001 has not been in dispute, the land is planned to be rural residential land. Currently, adjacent households have been granted red books as residential land.
Citizens ask if in this case the name and issuance of a certificate of land use rights is residential land?
Responding to this question, the Ministry of Agriculture and Environment said that the application of policies to review and issue Certificates to households and individuals using land needs to be based on each specific case, based on land management records and based on documents detailing the implementation of the Land Law issued by the locality according to assigned authority, therefore, the Ministry of Agriculture and Environment has no basis to give specific answers.
The Ministry of Agriculture and Environment has commented on the following principles: The current Land Law has provisions on granting Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land in Articles 137, 138, 139 and 140 of the 2024 Land Law.
In particular, Clause 3, Article 139 of the Land Law stipulates the granting of Certificates for cases of land use for purposes other than those that have been allocated land, leased land, or recognized by the State for land use rights.
The Ministry of Agriculture and Environment recommends that citizens contact the competent local authority for consideration and resolution in accordance with the provisions of law.
Clause 3, Article 139 of the Land Law stipulates that in cases where households and individuals are using land due to encroachment or occupation of land that are not falling under the cases specified in Clauses 1 and 2 of this Article and in cases where land is used for the wrong purpose that has been allocated land, leased land, or recognized by the State for land use rights, the following shall be handled:
a) In case the person is using land stably, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, he/she shall be considered for a Certificate of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law;
b) In cases not specified in Point a of this Clause, the person using the land is allowed to temporarily use the land until the State reclaims the land, but must maintain the current status of land use and must declare and register the land according to regulations.
