Citizens send questions to the Ministry of Agriculture and Environment with the content:
My family bought a plot of land with an area of 4,600m2 in 1974, with a purchase and sale paper certified by the locality and a certificate of land ownership.
In 1976, Nghia Binh Provincial People's Committee recovered 3,200m2 to allocate to a state-owned company, the remaining 1,400m2 my family has used stably, without dispute to this day. When land was recovered, my family did not agree, did not sign any documents and was not compensated.
My family has submitted many applications for a Certificate of Land Use Rights for the area being used and according to the purchase and sale documents. However, functional agencies said that this area belongs to the company's land (50 years of lease), so they did not issue a Certificate to the family.
So please ask, with the above land origin, is the locality's failure to issue a Certificate of Land Use Rights to my family in accordance with legal regulations or not? Is my family entitled to a Certificate for the area being used and according to the purchase and sale documents or not?
The Ministry of Agriculture and Environment has the following opinions:
The content of citizens' questions belongs to resolving administrative procedures on land for specific cases, when resolving, it must be based on land records and actual land management in the locality, under the authority of the locality; therefore, the Ministry of Agriculture and Environment only answers in principle as follows:
Article 137 of the 2024 Land Law stipulates "Households and individuals who are using land stably" and have one of the types of land use right documents are granted a Certificate of land use rights, ownership of assets attached to land (Certification) and are not required to pay land use fees; Article 138 of the 2024 Land Law stipulates "in cases where households and individuals are using land without land use right documents but do not violate land law, and are not subject to cases where land is allocated improperly," they are granted a Certificate and are not required to pay land use fees for residential land within the prescribed limit.
Based on the above regulations, if the land use as reflected by citizens is correct, the area of 1,400m2 that the family is using stably will be considered for issuance of a Certificate according to regulations. For 3,200 m2 that has been "issued to a State Company", competent state agencies need to base on land records and the land use process to clearly identify the stable land user as a basis for determining agencies, organizations, and individuals eligible for land registration and issuance of Certificates; in which, note Clause 2, Article 17 of the 2024 Land Law stipulates: "The State does not recognize the claim of land that has been allocated by the State to others for use in the process of implementing the land policy of the Democratic Republic of Vietnam State, the Provisional Revolutionary Government of the Republic of South Vietnam and the Socialist Republic of Vietnam".
The above is the content of the Ministry of Agriculture and Environment's response to citizens for citizens to study and decide.
