Citizens send questions to the Ministry of Agriculture and Environment with the content:
It is respectfully requested that the Ministry of Agriculture and Environment guide the application of Clause 1, Clause 5, Article 141 and Article 137 of the 2024 Land Law for cases where households and individuals use land stably before December 18, 1980 to serve as a basis for recognizing residential land limits when issuing the first Certificate of Land Use Rights.
Currently, my dossier has documents including: Land register book 299 recording my name as the land user; cadastral records from 1989 and 2014 showing the land plot in my name; document verifying the origin of the land of the commune-level People's Committee (before the merger) dated September 12, 2024 confirming that the land was used stably before December 18, 1980 to date; land used stably, without disputes.
However, currently, localities still have different understandings of the basis for determining land originating from use before December 18, 1980 to apply residential land limits according to Clause 1 and Clause 5, Article 141 of the 2024 Land Law.
Respectfully request the Ministry to clarify:
Is land register 299, cadastral records of 1989, 2014 and documents verifying the origin of land of the commune-level People's Committee considered a legal basis to determine that land was used before December 18, 1980 to apply residential land limits according to Clause 1 and Clause 5, Article 141 of the 2024 Land Law?
Is land register 299 established according to Directive 299/TTg but completed after 1984 belonging to the group of documents specified in Article 137 of the 2024 Land Law to consider recognizing land use rights and determining the time of land use before December 18, 1980?
Is the document verifying the origin of land of the commune-level People's Committee before the merger valid as a basis for considering applying residential land limits to land originating from use before December 18, 1980 or not?
The Ministry of Agriculture and Environment has the following opinions:
1. Regarding regulations related to land use right documents
Clause 1, Article 137 of the Land Law specifically stipulates the types of land use right documents established before October 15, 1993, including:
- Inventory book made before December 18, 1980 with the name of the land user.
- One of the documents prepared during the process of land registration according to Directive No. 299/TTg, including:
+ Appraisal minutes of the commune-level Land Registration Council determining that the person currently using the land is legal;
+ Summary of cases of legal land use made by the People's Committee of commune level or the Land Registration Council of commune level or the land management agency of district and provincial levels;
+ Application for registration of land use rights;
+ Documents on certifying the registration of land use rights issued by the People's Committees of communes, districts or provinces to land users.
- Other papers on land use rights dated before October 15, 1993, prescribed by the Provincial People's Committee in accordance with the local reality.
Based on the above regulations, in addition to the land use right documents specifically stipulated in Clause 1, Article 137 of the Land Law, it is requested that you study more local regulations to determine whether the "Land Registration Book 299 established during the implementation of Directive 299/TTg" belongs to the case of having land use right documents.
2. Regarding determining the time of land use
Land law does not stipulate that "documents verifying the origin of land by the commune-level People's Committee are considered a legal basis for determining land use before December 18, 1980", however, land law specifically stipulates the determination of the time of land use for cases where there are land use right papers or cases where there are no land use right papers.
Therefore, based on each case, in the process of considering and resolving the issuance of Certificates of land use rights and ownership of assets attached to land, competent authorities are responsible for determining the time of starting to use the specific land plot of the land user.
