Mr. N.D. H in Nghe An reflected that his land was allocated by the Commune People's Committee without proper authority in 2003, but no houses have been built, the planning map of the Commune People's Committee shows rural residential land, with the name of the user, annually paying non-agricultural land use tax, correct name of the user, and the current status has livestock and vegetable farms.
Now that Mr. H is applying for a red book, the Commune People's Committee replied that the land does not meet the conditions for issuing a red book on the grounds that the current status is vacant land, there is no housing and rural residential land has been planned.
Mr. H asked, is this case eligible for a red book? Why? If eligible for issuance, is it eligible for a red book for residential land purposes?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Clause 2, Article 140 of the Land Law stipulates that in cases where land has been used stably from October 15, 1993 to before July 1, 2004, and is now certified by the commune-level People's Committee where the land is located as having no disputes, in accordance with land use planning or general planning or zoning planning or construction planning or rural planning, red books and ownership of assets attached to the land are issued according to the provisions of Clauses 3 and 6, Article 138 of the Land Law.
Clause 3, Article 138 of the Land Law stipulates that for land plots with houses, houses and works serving life, the residential land area is recognized according to the regulations of the Provincial People's Committee.
Clause 6, Article 138 of the Land Law stipulates that households and individuals who are using land stably for agricultural land purposes are entitled to a red book in the form of the State allocating land without collecting land use fees for the area of land being used but not exceeding the limit for allocating agricultural land to individuals specified in Article 176 of the Land Law.
