📋 Tender Overview
Mr. Pham Duc Huan (Hai Phong) is stably using a plot of land assigned by the Peoples Committee since 1994, currently in rural land. The land plot has been confirmed by the Commune Peoples Committee to have no disputes, in accordance with district-level land use planning. According to the detailed construction plan at a scale of 1/500 for a new residential area (issued by the District Peoples Committee in 2022), the location of the land plot is determined to be land for social housing construction. Meanwhile, according to the districts land use planning until 2030 (issued by the Provincial Peoples Committee in 2024), this land plot is planned as rural land. Thus, the land type of the land plot in the two plans is not consistent. Mr. Huan asked, does his plot of land meet planning conditions to be granted a Certificate of Land Use Rights for the first time? Based on which planning to consider granting a Certificate? Regarding this issue, the Ministry of Agriculture and Environment has the following opinion: The registration and issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals are under the jurisdiction of the locality and need to be based on archived records and specific local regulations promulgated under the authority to implement the Land Law for consideration and resolution. Therefore, the Ministry has no basis to respond. The Ministrys general answer in principle is as follows: According to the reflection, the above land plot has been used since 1994 and was allocated land by the Commune Peoples Committee in 1994, in the case of using land allocated without proper authority. Accordingly, based on the provisions of Clause 2, Article 140 of the Land Law 2024, the land has been used stably from October 15, 1993 to before On July 1, 2004, now the Peoples Committee of the commune where the land is located confirms that there is no dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, and is granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of Clauses 3 and 6, Article 138 of the Land Law 2024. Please contact the land management agency in Local authorities (belonging to the commune-level Peoples Committee) for guidance and resolution according to the provisions of law. Chinhphu.vn See moreCan land under unrealized traffic planning be issued a red book? See moreCan land with a common path with an agency be issued a red book? See moreThere are complete regulations on dossiers, order, and procedures for issuing red books. See more. Sequence and procedures you need to know when registering for a red book. See more. Determination Regain residential land area in case the red book has been issued. See more. Can land under multiple planning be changed for use purposes? See more. Can land with planning problems be re-issued with a Certificate? See more. Land with backup alley planning, can it be converted to residential land?
