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Point d, Clause 1, Article 137 of the Land Law 2024 regulates documents for transfer of land use rights, purchase and sale of houses attached to residential land, now confirmed by the Commune Peoples Committee to have used land before October 15, 1993 as one of the documents on land use rights. Mr. Nguyen Van Tuyen (Ninh Binh) asked, is the certificate of transfer of land for building a house authenticated in the year 1989, now the Chairman of the commune has authenticated the above paper, confirming that the plot of land purchased and sold in 1989 is residential land. So when carrying out procedures for granting a Certificate for the first time, is there enough basis to apply point d, clause 1, Article 100 of the 2013 Land Law (or point d, clause 1, Article 137 of the 2024 Land Law)? So according to Clause 2, Article 100 of the 2013 Land Law (or Clause 5, Article 137 of the 2024 Land Law), is this case correct to be granted a Certificate and not have to pay land use fees? At the same time, is it possible to apply Clause 2, Article 11 of the 2013 Land Law (or Clause 2, Article 10 of the 2024 Land Law) to have the land recognized as residential land? The Ministry of Agriculture and Environment responded to this issue as follows: The content of your reflection is that the specific case falls under the jurisdiction of the locality and needs to be based on archived records and specific local regulations promulgated according to its authority to enforce the Land Law. to consider and resolve; Therefore, the Ministry has no basis to respond. The Ministry would like to state some principles as follows: At Point d, Clause 1, Article 137, it is stipulated that documents for transfer of land use rights, purchase and sale of houses attached to residential land, and now certified by the Commune Peoples Committee to have used land before October 15, 1993, are one of the documents on land use rights. In Clause 5, Article 137 of the 2024 Land Law, it is stipulated: 5. Households and individuals using land have one In the types of documents specified in Clauses 1, 2, 3 and 4 of this Article, on which the name of another person is written, accompanied by documents on the transfer of land use rights, but before the effective date of this Law, procedures for transferring land use rights according to the provisions of law have not been carried out and the land is not in dispute, a Certificate of land use rights and ownership of assets attached to the land shall be granted; financial obligations must be fulfilled in accordance with the provisions of law. Determination of type Land shall comply with the provisions of Article 10 of the 2024 Land Law, accordingly, Point b, Clause 1, Article 10 stipulates that one of the bases for determining the type of land is the land use rights documents specified in Article 137 of the 2024 Land Law for cases that have not yet been granted a Certificate. The Ministry of Agriculture and Environment informs you and researches and implements. Chinhphu.vn
