Citizens should send questions to the Ministry of Agriculture and Environment asking about the following cases: The family was granted a Land Use Rights Certificate (red book) by the People's Committee of the old district on June 1, 1995, with an area of 600m2, the land use purpose is residential land + garden. This plot of land has been used stably by the family since December 18, 1980.
Currently, the family needs to issue a Certificate to change from a red book to a pink book. After measuring and adjusting according to the current land use status, the actual area increased by 618.2m2. The family has prepared a dossier according to the procedure for re-determining the residential land area, and the People's Committee of the commune instructed the dossier to submit to the Branch of the Land Registration Office according to the procedure of "registering and granting a Certificate for households and individuals who have been granted a Certificate for part of the area of residential land before July 1, 2004, the remaining area of the land plot has not been granted a Certificate".
However, the Branch of the Land Registration Office replied that the family's Certificate did not clearly determine the residential land area, so it was not under the authority of the Branch to resolve the matter, and instructed the family to contact the People's Committee of the commune again.
So, I would like to ask, what procedures are in my family's case, and which agency is competent to process this file?
Responding to this content, the Ministry of Agriculture and Environment said that according to the reflection, citizens were granted a Land Use Rights Certificate on June 1, 1995 with the purpose of use being "residential land + garden".
The issuance of a Certificate at this time is carried out in accordance with the provisions of Circular No. 302TT/DKTK dated October 28, 1989 of the General Department of Land Management guiding the implementation of the decision on granting a certificate of land use rights, the content of the purpose stated on the Certificate for individuals is recorded according to the type of land determined for each plot according to the land book (field registration book according to form 5a and 5b issued with Decision No. 56-DKTK dated November 5, 1986 of the General Department of Land Management issued regulations on procedures for registering land statistics nationwide of the General Director of the General Department of Land Management), accordingly there is no regulation on recording the purpose of land use as "land in the garden + land".
Pursuant to the provisions of Point d, Clause 2, Article 152 of the Land Law, the above-mentioned issued Certificate must be revoked and reissued in accordance with the provisions of law to clearly identify the area of residential land and agricultural land in the land plot with residential land.
To carry out this procedure, citizens are requested to contact the People's Committee of the commune where the land is located to submit documents according to regulations.
For procedures for recognizing additional land areas due to measurement and re-determination of areas in cases where a Certificate has been granted, the handling authority belongs to the Land Registration Office.
