Readers reported that the family has a Land Use Rights Certificate (red book) issued in 1994, which clearly states that 1,080m2 is residential land with a long-term use term, this is land left by our ancestors.
Now the reader has completed the procedures to issue a new Certificate. The land origin report of the Ward People's Committee affirmed that 1,080m2 of urban land origin, formed before December 18, 1980, has no disputes.
However, the Land Registration Office did not recognize the entire 1,080m2 as residential land. Readers wonder, is 1,080m2 of long-term residential land recorded in the old red book eligible for a new certificate to be issued as 1,080m2 of residential land?
Responding to the above issue, the Ministry of Agriculture and Environment said that due to the lack of specific documents and the content of the question did not clearly state the reason why the Land Registration Office Branch did not recognize the residential land area, there was no basis for specific answers.
According to the Ministry of Agriculture and Environment, the land law does not have regulations on residential land types. Therefore, according to the provisions of Point o, Clause 1, Article 133 of the 2024 Land Law, land users and owners of assets attached to land request the issuance of new or re-issued land use right certificates subject to land change registration.
The procedures for registering changes in land and assets attached to land and issuing red books are implemented in accordance with Article 37 of Decree No. 101/2024 of the Government regulating basic land investigation; registration and issuance of certificates of land use rights, ownership rights of assets attached to land and the Land Information System.
The registration fee must submit a set of documents including the prescribed documents. These include: Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with the decree; issued certificate.
One of the types of documents related to the content of changes in land and assets attached to land in each specific case as prescribed in Article 30 of this Decree.
In case of carrying out procedures for registering land and assets attached to land through a representative, there must be a written authorization for representation according to regulations.
After that, the dossier receiving agency issued a dossier receipt and scheduled to return the results to the dossier submitter.
The Land Registration Office will implement specifically according to each case.
The Land Registration Office shall send a form of information transfer to determine financial obligations on land according to Form No. 12/DK issued with this Decree to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be fulfilled according to regulations.
Adjust and update changes in cadastral records and land databases; issue new red books or confirm changes to issued certificates in cases where financial obligations are not required.
Finally, the red book is given or the dossier receiving agency is sent to the person granted.
The Ministry of Agriculture and Environment recommends that readers contact the competent authority in the locality to resolve the issue according to regulations.
