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In 1997, the City Peoples Committee issued a Certificate, CLN land type to Ms. Thanh Tuyen (Dong Thap). In 2010, she built a house on the land. Now that Ms. Tuyen gave her child the above Certificate, she was informed by the agency that the land was used for the wrong purpose and not in accordance with the planning. Instructions on handling violations and issuing books for land used for improper purposes. Land used for improper purposes must be registered for changes. Instructions for reissuing Certificates for land used for improper purposes. Can land used for improper purposes before July 1, 2014 be registered for changes? How to overcome the consequences of using land for wrong purposes? Mrs. Tuyen asked, in your case, after the penalty decision is issued, do you have the right to give your child the above Certificate? What type of land will your child be issued with a certificate? The Ministry of Agriculture and Environment responded to this issue as follows: The content you asked needs to be resolved based on specific documents and falls under the local jurisdiction. The Ministry of Agriculture and Environment guides the principles as follows: The land plot she reported has been granted a Land Use Rights Certificate (issued in 1997), the land type is perennial crop land; In 2010, a house was built on part of the above land plot; This case falls under using land for improper purposes for which land has been allocated, leased, or recognized by the state as prescribed in Clause 3, Article 139 of the Land Law 2024. Article 25 of Decree No. 101/2024/ND-CP stipulates the issuance of Land Use Rights Certificates for cases of land use not for the purposes of land allocation, lease, or recognition of land use rights (i.e. having been granted a Certificate of Use Rights). land use) before July 1, 2014 (Article 25 details Clause 3, Article 139 of the Land Law 2024), in which, Point b, Clause 6, Article 25 stipulates In case a Certificate has been issued, registration of changes in land and assets attached to land shall be carried out according to the provisions of Article 29 and Article 37 of this Decree. In Article 29 of Decree No. 101/2024/ND-CP stipulates documents to be submitted when registering land changes, in which Clause 3, Article 29 stipulates One of the types of documents related to the content of changes in land and assets attached to land for each specific case as prescribed in Article 30 of this Decree. Clause 21, Article 30 stipulates In the case specified in Point b, Clause 6, Article 25 of this Decree, submit a Decision to handle Penalties for administrative violations in the land field, including remedial measures such as forced land registration and fine payment documents from land users. In case of land change registration, the request must be based on the planning to consider granting a Certificate; After review, if the conditions are not met or the Certificate is not issued, the cadastral records will be revised and updated with land registration results according to the provisions of Clause 1, Article 22 of Circular No. 10/2024/TT-BTNMT and Notice of confirmation of land registration results to land users; The type of land after registration is still the type of land for which the previous Certificate was issued. Conditions for transferring land use rights comply with the provisions of Clauses 1, 3, 5 and 8, Article 45 of the Land Law 2024; If the case you asked meets the conditions as prescribed above, you can exercise the right to transfer land use rights according to regulations. Chinhphu.vn See more Is there an exemption from registration fees for donated land that has not been granted a Certificate? See more How does a certificate delineate residential land and donate a part? See more Can procedures for donating and registering land changes be done at the same time See more Can land that has expired its use term be transferred or donated? See more See moreIf you arbitrarily combine lots to build a house, can you go through the donation procedure? See moreConditions for donating land use rights See moreHow to apply for a red book when land is donated?
