On the Government Portal, Ms. T.T reflected that a land plot has a land allocation certificate (in French) in Mr. A's name, a type of fruit garden land.
In 1975, Mr. A went abroad and issued a power of attorney to Mr. B to take care of the land, which allowed Mr. B to build a house on the land and when it was sold, it was returned to Mr. A.
This power of attorney was certified by the competent authority at that time. After that, Mr. B handed it over to his son, Mr. C, to continue taking care of the land.
In 1994, a dispute occurred between Mr. C and Mr. D. After consideration, the City People's Committee issued a decision assigning Mr. B to continue to take care of the land, based on the 1975 power of attorney.
In 2015, Mr. C completed procedures to apply for a red book, but the City People's Committee refused on the grounds that the land plot originated from Mr. A's land use rights according to the land allocation contract.
Mr. C sued this decision in court. However, the first-instance and appellate courts in 2016 both rejected the lawsuit for the same reason: The origin of the land belonged to Mr. A according to the land allocation contract and the power of attorney in 1975.
In 2018, Mr. C continued to request consideration according to the cassation procedure, but the High People's Procuracy also issued a notice stating that this case does not meet the conditions for issuing a red book because the origin of the land does not belong to Mr. C's land use rights.
According to Clause 1, Article 137 of the 2024 Land Law, land allocation contracts are one of the land use right documents established before 1993 as a basis for issuing certificates.
However, Mr. A has now passed away, and his children and grandchildren are living abroad and have not returned to Vietnam to manage the land plot.
Ms. T.T asked, in case the person who is named in the contract has passed away and the authorization from 1975 is no longer valid, is the person who directly manages and uses the land stably from before 1993 to now considered for issuance of a Certificate of Land Use Rights?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
According to the provisions of Article 135 of the 2024 Land Law, certificates of land use rights and ownership of assets attached to land are issued for each land plot to land users and owners of assets attached to land who have needs and meet the conditions.
Clause 1, Article 137 of the Land Law stipulates documents on land use rights as a basis for considering issuing Certificates to land users, in which "land allocation contract" is one of these documents.
Based on the above regulations, the land plot in the reflection and proposal is considered for issuance of a certificate according to the information of the person recorded in the "land allocation contract".
In case the land user has lost it, the issuance of the certificate is carried out to the heirs according to the provisions of civil law.
