📋 Tender Overview
In 2003, Mr. A was granted land by Army Corps 15 - Ministry of National Defense according to the land allocation decision to build a house. In 2005, Mr. A transferred the above plot of land to Mr. B in handwritten paper (Mr. B and his wife are both pensioners). Mr. B has been using the land stably since 2005 until now but has not built a house and only grows crops (agriculture). This plot of land was handed over to the local government (not national defense land) for management in 2016. Mr. Nguyen Tien Sy asked, can Mr. B now request a Land Use Rights Certificate for the above plot of land, based on any specific regulations? If a Certificate is granted, is the purpose of the Certificate issued as residential land or agricultural land? If it is a Residential Land Certificate, what is the basis for collecting land use fees? If an agricultural land certificate is issued, will pensioners (not directly engaged in agricultural production) be granted a certificate in the form of recognition of land use rights such as land allocation without collection of money? The Ministry of Agriculture and Environment responded to this issue as follows: Because the content of your reflection and recommendation is a specific case that needs to be based on relevant records and documents managed by competent agencies and documents issued locally, the Ministry of Agriculture and Environment has no basis to respond specifically. The Ministry would like to state some regulations on principles as follows: Article 137 of the Land Law 2024 regulates documents on land use rights as a basis for granting certificates of land use rights and ownership of assets attached to land for households and individuals using land. Accordingly, at Point h, Clause 1 of this Article, it is stipulated: h) Documents of defense units allocating land to officers and soldiers for housing according to Directive No. 282/CT-QP dated July 11, 1991 of the Minister of National Defense that the land allocation is consistent with the land use planning for officers and soldiers in the defense land planning approved at the time of land allocation; And Clause 5 of this Article stipulates: 5. Households and individuals using land have one of the documents specified in Clauses 1, 2, 3 and 4 of this Article on paper. That sheet shows the name of another person, accompanied by documents on the transfer of land use rights, but before the effective date of this Law, the procedures for transferring land use rights according to the provisions of law have not been carried out and the land is not in dispute, then a Certificate of land use rights and ownership of assets attached to the land will be issued; financial obligations must be fulfilled in accordance with the provisions of law. In accordance with the provisions of Point h, Clause 1, Article 137 of the Land Law and the transfer between Mr. A and Mr. B is shown through documents on the transfer of land use rights, Mr. B will be considered for issuance of a Certificate. The Ministry of Agriculture and Environment would like to inform you so that you can know and comply with the provisions of law.Chinhphu.vnRefer moreDo you need to submit all 16 types of documents to issue a red book for the first time?See moreAuthority to regulate documents and submissions Order and procedures for issuing red books. See moreDoes land of encroached origin need to be in accordance with all planning? See moreBuying part of a plot of land that already has a red book, how to apply for use rights? See moreIf buying land from a village, can the money paid be deducted when making a red book? See moreIs it mandatory to extract archives when exchanging red books for households? See moreBases for issuing red books when planning is not consistent See moreDelivery paper Can great solidarity houses be used to issue red books?
