Ms. T.T in Dong Thap reflected that she won the auction for the right to use 131.6 m2 of perennial crop land. Currently, there is a house on the land but it has not been certified as house ownership.
She has paid enough money and completed financial obligations according to regulations under the auction asset purchase and sale contract.
However, up to now, the settlement of red book issuance procedures has not been resolved definitively. Ms. T contacted the Ward People's Committee and was told that this case must be accepted for administrative sanctions and payment for purpose change to be granted a red book.
Thus, in the case of buying auctioned assets as above, if the old owner refuses to pay the fine, she is not granted a red book if it is used for the wrong purpose, the dossier component needs a decision on handling violations and fines payment documents, or in the case of a house built after July 1, 2014, the old owner refuses to pay the fine and Ms. T refuses to remedy the consequences of restoring the original state (demolishing the house), is it true that she is not granted a red book?
While the asset she bought under the contract details the house assets in it.
She hopes to be guided by the agency to be able to issue a red book.
The Ministry of Agriculture and Environment answers this question as follows:
Her question reflects unclear land use content of the family. Accordingly, based on relevant legal regulations, the Ministry of Agriculture and Environment announces the following opinion:
According to Clause 5, Article 5 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in land:
In case administrative violations occur before the transfer of land use rights, the land use right transferor shall be administratively sanctioned and must take remedial measures for the violations they caused.
In case the transferring party is an individual who has died without an heir or moved to another place, and the address cannot be identified, the transferring party, Ms. T.T, must apply remedial measures caused by the transferring party.
