Citizen Nguyen M.N. sent a question to the Ministry of Agriculture and Environment questioning the case: Mr. Phan.N.L had 1 piece of land purchased in 2009, with a handwritten document, and had a witness. In 2013, Mr. L. built an unlicensed house on this land and lived there.
In 2017, Mr. N. bought this part of the house from Mr. L. (also with a handwritten document, and gave him enough money to push up right after the transaction). When this citizen submitted an application for a red book, the Department of Natural Resources and Environment (old) did not accept it with the reason: The land user before July 1, 2014 was Mr. L., not Mr. N., so the red book could not be issued to Mr. N.
Citizen N. asked, is it correct to handle such a thing by the (old) Department of Natural Resources and Environment?
Responding to this question, the Ministry of Agriculture and Environment said that because the content of the petition is a specific case and under the authority of local authorities, the Ministry of Agriculture and Environment has no basis to give a specific answer.
However, the Ministry of Agriculture and Environment has the following principles:
At Point a, Clause 1, Article 42 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government on regulations on basic land investigation; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates land use due to receipt of land use rights transfer before July 1, 2014 in cases of no documents on land use rights as prescribed in Article 137 of the Land Law;
Therefore, Mr. N.'s purchase of this part of the house and land from Mr. L. in 2017 (also in handwritten documents, and having given the full payment immediately upon transaction) is not in accordance with the provisions of Point a, Clause 1, Article 42 of Decree No. 101/2024/ND-CP.
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.
In case the citizen does not agree with the results of the settlement of administrative procedures, he/she has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law.
