Mr. N.T.A in Lam Dong reflected that he has a need to receive the transfer of a residential land plot in a residential area in Ham Thuan Bac district, Binh Thuan province (old).
This residential land plot has been granted a red book. The old land owner bought this land plot through winning an auction sold by the (old) District People's Committee.
However, through review, the Department of Natural Resources and Environment previously (now the Department of Agriculture and Environment) had an official reply, because compensation and site clearance work has not been completed, the Provincial People's Committee (old) has not yet allocated land to the District People's Committee (old) for implementation.
Mr. A asked, according to the Land Law, is the issuance of land use right certificates for residential land in the above-mentioned residential area when land has not been allocated by a competent state agency in accordance with legal regulations?
Are your rights guaranteed when receiving the transfer of the above land plot?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his petition is a specific case, under the jurisdiction of the locality and the reflected content does not clearly state the time when the People's Committee of Ham Thuan Bac district (old) auctioned land use rights.
Therefore, the Ministry of Agriculture and Environment does not have a basis for a specific answer. The Ministry of Agriculture and Environment provides some information as follows:
At the time the 2013 Land Law takes effect, the organization of land use right auctions is carried out according to the provisions of Article 119 of the 2013 Land Law, accordingly, point b, clause 1, Article 119 has stipulated that it must meet the conditions that the land has been cleared.
The order and procedures for land allocation that has been cleared through land use right auction are implemented according to the provisions of Clause 5, Article 68 of Decree No. 43/2014/ND-CP, amended and supplemented in Clause 21, Article 1 of Decree No. 148/2020/ND-CP, which stipulates that after the winning bidder has completed financial obligations, the natural resources and environment agency submits to the competent authority for issuance of certificates; organizes land handover on the ground and awards certificates; directs updating and adjusting the land database and cadastral records.
The Ministry of Agriculture and Environment informs you that it is known and researches implementation. In the process of carrying out administrative procedures on land, in case you do not agree with the results of administrative procedure resolution of the competent authority in the locality, you have the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
