Ms. T.T.N.T in Quang Tri reflected that her family was granted a land plot by the Commune People's Committee before 1993, with full annual tax payments, until the state stopped collecting taxes, she stopped paying, but her family still used it to grow vegetables.
In 2018, Ms. T's family was granted a red book. However, due to not checking carefully, the family did not know that the area in the red book was less than the actual land area.
Up to now, Ms. T's family wants to build a new house and knows that there is not enough land to build. Currently, the adjacent plots to Ms. T's family's land are not in dispute, the family went to the Commune People's Committee to carry out procedures for the first red book for the missing land but was not guided by officials to receive procedures for making dossiers with the reason that they are resolving outstanding issues and have not yet resolved the first book issuance.
Ms. T asked, is your family's case eligible to apply for a red book for the first time?
If possible, what needs to be done to complete it soon?
The Ministry of Agriculture and Environment answers this question as follows:
The application of policies to consider and issue certificates to households and individuals using land needs to be based on each specific case, based on land management records and based on documents detailing the implementation of the Land Law of the locality that have been issued under assigned authority. Therefore, the Ministry of Agriculture and Environment has no basis to answer specifically.
The Ministry of Agriculture and Environment has opinions on the following principles:
Current land law has regulations on issuing certificates of land use rights and ownership of assets attached to land to households and individuals who are using land in Articles 137, 138, 139, 140 and 141 of the 2024 Land Law.
At the same time, the Minister of Agriculture and Environment issued decisions: No. 2304/QD-BNNMT; No. 3380/QD-BNNMT announcing administrative procedures in the field of land under the state management functions of the Ministry of Agriculture and Environment, accordingly, specific land procedures have been regulated, including:
(1) Procedure of implementation; (2) Method of implementation; (3) Composition, number of dossiers; (4) Time of resolution; (5) Subjects of administrative procedures; (6) Agency performing administrative procedures; (7) Results of administrative procedures; (8) Fees and charges; (9) Name of application form, declaration form; (10) Requirements and conditions for administrative procedures (if any); (11) Legal basis of administrative procedures.
The Ministry of Agriculture and Environment would like to provide information for you to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
In case she does not agree with the results of administrative procedure resolution, she has the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
