Ms. T.T in Dong Thap reflected that in 1997, the City People's Committee issued a red book, a type of perennial land for her.
In 2010, she built a house on the land. Now Ms. T donated the above-mentioned red book to her son. When going to carry out procedures, Ms. T was notified by functional agencies that the land was used for the wrong purpose and not in accordance with the plan.
Ms. T asked, in her case, after the penalty decision is issued, does she have the right to donate a red book? What type of land will be issued to her son's red book?
The Ministry of Agriculture and Environment answers this question as follows:
The content you asked needs to be based on specific dossiers to be resolved and belongs to the jurisdiction of the locality. The Ministry of Agriculture and Environment guides on the principles as follows:
The land plot she reflected was due to having been granted a certificate of land use rights (issued in 1997), the type of land is perennial crop land, and in 2010 houses were built on a part of the above land plot.
This case falls under "use of land for improper purposes that have been allocated land, leased land, and recognized land use rights by the state" as stipulated in Clause 3, Article 139 of the 2024 Land Law.
Article 25 of Decree No. 101/2024/ND-CP stipulates the issuance of red books for cases of using land not for the purpose assigned, leased, and recognized land use rights (i.e., having been granted a Certificate of Land Use Rights) before July 1, 2014 (Article 25 of this Decree details Clause 3, Article 139 of the 2024 Land Law), in which, at Point b, Clause 6, Article 25 stipulates "In case a certificate has been granted, the registration of land changes and assets attached to land shall be carried out in accordance with the provisions of Article 29 and Article 37 of this Decree".
Article 29 of Decree No. 101/2024/ND-CP stipulates the dossier to be submitted when registering land changes, in which Clause 3 of Article 29 stipulates "One of the types of documents related to the content of land changes, assets attached to land for each specific case according to the provisions of Article 30 of this Decree.
Clause 21, Article 30 stipulates "In cases specified in point b, clause 6, Article 25 of this Decree, submit a Decision on sanctioning administrative violations in the field of land, which may show that the remedy measure is to force land registration; penalty payment documents of land users".
In case of registering land changes for the case you inquire, it is necessary to base on the planning to consider the issuance of a certificate; after considering, if you do not meet the conditions or are not granted a certificate, you must adjust and update the cadastral records of land registration results according to the provisions of Clause 1, Article 22 of Circular No. 10/2024/TT-BTNMT and notify the land user of the land registration result confirmation; the type of land after registration is still the type of land that was granted a certificate before.
Conditions for transferring land use rights are implemented according to the provisions of Clauses 1, 3, 5 and 8, Article 45 of the 2024 Land Law; if the case you inquire about meets the conditions according to the above regulations, the right to transfer land use rights is exercised according to regulations.
