Mr. L.H.N in Ha Tinh reflected that his family had a land plot granted a red book originating from the commune People's Committee in 1979, but it was not until 1981 that a house was built.
Currently, the locality determines that Mr. N's family's land is land originating from use after 1980 to apply tax to convert to residential land, is this correct?
The Ministry of Agriculture and Environment answers this question as follows:
The Ministry provides information on determining the origin and time of land use as follows:
Point 3 (b2), section II, content C, Part V, Appendix I issued together with Decree 151/2025/ND-CP has stipulated the determination of land for stable use:
In case there are papers on land use rights specified in Clause 7, Article 137 of the Land Law, the determination of land use is carried out stably according to the provisions of Clause 38, Article 3 of the Land Law.
In case there are no papers on land use rights as prescribed in Article 137 of the Land Law, determine the origin of land use; determine the stable use of land as prescribed in Clause 38, Article 3 of the Land Law. The confirmation of stable land use is based on the time and purpose of land use in one of the following documents:
Receipts for payment of agricultural land use tax and house and land tax.
Minutes or decisions on sanctioning administrative violations in land use, minutes or decisions on sanctioning administrative violations in the construction of works attached to land.
Decisions or judgments of the People's Court that have taken effect, decisions on judgment enforcement of the judgment enforcement agency that have been enforced regarding assets attached to land.
Documents for paying electricity and water bills and other payments with addresses belonging to the land plot must be identified.
Documents on land allocation that are not within authority or documents on the purchase, receipt, liquidation, exchange, and distribution of houses and construction works attached to land as prescribed in Article 140 of the Land Law.
Documents on the purchase and sale of houses, other assets attached to land or documents on the purchase and sale of land, transfer of land use rights with the signature of relevant parties from October 15, 1993 onwards.
Maps, investigation and measurement documents on land; inventory books, bookkeeping books were established from December 18, 1980 and later.
Documents on declaration and registration of houses and land certified by the commune-level, district-level or provincial-level people's committees at the time of declaration from October 15, 1993 onwards.
Documents on permanent and temporary residence registration in houses attached to residential land issued by competent authorities.
In case there are no papers on land use rights as prescribed in Article 137 of the Land Law without one of the information or papers in the content or on that paper, information does not clearly state the time of establishing papers, the time of establishing information and the purpose of land use is carried out on the basis of the declaration content of the land user and the current status of land use.
In case there are no papers on land use rights as prescribed in Article 137 of the Land Law and the time of land use commencement shown on the types of papers or information stipulating content and content is inconsistent, the time of land use commencement is determined according to papers or information with the earliest date, month, and year of land use.
Please refer to the above regulations, compare with the family's specific records to determine the time of land use.
