Inadequacies when individuals cannot receive back "original land" after the project
The Ho Chi Minh City Department of Agriculture and Environment has just sent an official letter to the Ministry of Agriculture and Environment requesting guidance on resolving legal obstacles related to the re-issuance of Land Use Right Certificates to individuals after the end of the enterprise's capital contribution agreement and the termination of the project.
According to document No. 14896/STNMT-QLĐ, the Ho Chi Minh City Department of Agriculture and Environment has received petitions from Mr. Nguyen Phuong Nam and Ms. Nguyen Phuong Hoang Yen related to land plots in Tan Nhut commune, Binh Chanh district. Specifically, Ms. Nguyen Phuong Hoang Yen and Mr. Nguyen Phuong Nam once contributed capital with agricultural land use rights to Robot Co., Ltd. to implement a project to build warehouses and offices. During this process, the land plot was allowed by the Ho Chi Minh City People's Committee to change its land use purpose to non-agricultural land in the form of annual land lease payment.
However, when the capital contribution period ends and the project is terminated, these individuals no longer need to use land for non-agricultural purposes and wish to be re-issued Certificates according to the original agricultural land purpose.
Proposal to clarify the process of re-issuance of red books according to the 2024 Land Law
Through reviewing the regulations, the Ho Chi Minh City Department of Agriculture and Environment found that although the Civil Code and the Decrees guiding the 2013 Land Law have basic regulations on receiving land use rights after the deadline for capital contribution expires, there are still "gaps" when applied in practice under the 2024 Land Law taking effect.
The most complex issue lies in the fact that, after the enterprise (the capital contributing party) has converted the land use purpose from agricultural to non-agricultural, when returning the land to individuals, will people be re-issued the Certificate of Land Use Rights according to the original agricultural purpose or not? Currently, the Land Law does not clearly stipulate the procedure for "restoring the legal status quo" on the land use purpose before capital contribution.
To ensure the legitimate rights of the people and unify the handling of dossiers throughout the city, the Ho Chi Minh City Department of Agriculture and Environment has proposed that the Ministry of Agriculture and Environment soon provide guidance on two contents, including:
The first is specific guidance on the order and procedures for canceling capital contribution registration with land use rights according to the new regulations of the 2024 Land Law.
Second, it is necessary to clarify the re-issuance of Land Use Right Certificates to capital contributors. Specifically, are people re-issuing Land Use Right Certificates for agricultural land use purposes as before capital contribution, or must they carry out procedures to change land use purposes according to current planning (according to Clause 3, Article 121 of the 2024 Land Law).
