Citizens sent questions to the Ministry of Agriculture and Environment asking about the case of Mr. Nguyen Van A's household being allocated land by the People's Committee of the commune without proper authority since 2000. The dossier includes the record of land allocation for housing of the Commune People's Committee; land use fee collection form from 2000.
From 2000 to this time, Mr. Nguyen Van A's household has only used the land to grow crops. Currently, Mr. Nguyen Van A's household has not completed the procedures for land registration and issuance of land use right certificates but is proceeding to build a house.
So is Mr. Nguyen Van A's household allowed to build a house? Is Mr. Nguyen Van A eligible for a Land Use Rights Certificate if he is assigned without proper authority but has not used it stably for residential purposes under Article 140 of the 2024 Land Law?
Regarding this content, the Ministry of Agriculture and Environment responded as follows: Because Mr. A has not completed the Land Registration procedures, he therefore does not have legal land use rights. Whether Mr. A is allowed to build a house or not depends on whether the competent authority considers whether he is eligible to issue a Certificate of Land Use Rights to Mr. A or not?
In case Mr. A is allocated land without proper authority, he will be considered for a Certificate according to the provisions of Article 140 of the 2024 Land Law. From Clause 1 to Clause 3, Article 140 to stipulate that the condition for granting a Certificate is to use land stably.
Specifically, Clauses 1 to 3, Article 140 of the Land Law stipulate as follows:
Article 140. Issuing Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land allocated without proper authority
Land allocated without proper authority to households and individuals according to the provisions of the law on land at the time of allocation or use due to purchase, receipt of liquidation, valuation, and distribution of houses and construction works attached to land that are not in accordance with the provisions of law shall be granted a Certificate of land use rights and ownership of assets attached to land as follows:
1. In case the land has been used stably before October 15, 1993, and is now confirmed by the People's Committee of the commune where the land is located as not having a dispute, the person using the land shall be granted a Certificate of land use rights and ownership of assets attached to the land for the land area assigned according to the provisions of Clause 2 and Clause 6, Article 138 of this Law;
2. In case the land has been used stably from October 15, 1993 to before July 1, 2004, now confirmed by the People's Committee of the commune where the land is located as not having a dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, the Certificate of land use rights and ownership of assets attached to land shall be granted according to the provisions of Clause 3 and Clause 6, Article 138 of this Law;
3. In case the land has been used stably from July 1, 2004 to before July 1, 2014, now confirmed by the People's Committee of the commune where the land is located as not having a dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, the Certificate of land use rights and ownership of assets attached to the land will be granted as follows:
a) For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area granted a Certificate of land use rights and ownership of assets attached to the land is equal to the residential land allocation limit;
b) For land plots with houses, houses and works serving life, if the land plot area is smaller than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area shall be determined as the entire area of that land plot;
c) The remaining area (if any) after determining the residential land area according to the provisions of Point a of this Clause shall be recognized according to the current land use status.
