Mr. N.D in Quang Tri reflected that he submitted a dossier to apply for a red book for the first time for an area of 200 m2. The land plot was reclaimed by Mr. D's parents, used as residential land before 1975. In 1985, due to floods, the family moved to another place and used the land plot for the purpose of growing perennial crops.
Mr. D's parents died without leaving a will, in 2013 his family made a document dividing inheritance for the above land plot, the land plot was identified as perennial crop land.
In 2016, the family built a house on land and was administratively sanctioned for land violations, and complied with paying the fine. According to the cadastral map of 2006, the land plot is long-term crop land; according to the general plan for 2025 of the ward, the land plot is identified as commercial - service land.
The dossier receiving agency replied that it did not meet the conditions for issuing a red book, based on Clause 5 and Clause 3, Article 139 of the 2024 Land Law with the reason of using land in violation of the law or using it for improper purposes.
Mr. D said that his family reclaimed land before 1975, without encroachment; and wondered that "using it for the wrong purpose that has been recognized by the State" is not appropriate because the family has never been granted a red book.
Mr. D asked, is this case eligible for a red book and if so, is Article 138 or Article 139 of the 2024 Land Law applied?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
His question is a specific case, it is necessary to base on local management records and documents, documents that the family has to answer specifically, the Ministry of Agriculture and Environment answers according to the principle as follows:
For cases of using agricultural land due to self-reclaimed land, the issuance of certificates of land use rights and ownership of assets attached to land shall be carried out in accordance with the provisions of Clause 4, Article 139 of the 2024 Land Law.
For cases where land has been used before 1975 without one of the land use right documents as prescribed in Article 137 of the 2024 Land Law, certificates shall be issued according to Article 138 of the 2024 Land Law.
The issuance of certificates for Article 138 of the Land Law does not consider the conformity with planning when issuing certificates, except in cases where the remaining agricultural land area is not recognized for residential land purposes but land users have a need to issue certificates for non-agricultural land purposes, then the conformity with planning is considered when issuing certificates.
The Ministry of Agriculture and Environment requests information for Mr. N.D to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
