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Ms. Thanh Tuyen (Dong Thap) was granted a Land Use Rights Certificate by the District Peoples Committee in 1997, land for perennial crops, area of 300 m2. In 2001, she built a house, the house area is 150 m2. RELATED NEWS Can land used for improper purposes before July 1, 2014 be registered for change? Measures to handle land misuse How to overcome the consequences of land misuse? Can the land type be re-determined when land is used for improper purposes? Is there a Certificate for land used for improper purposes? Up to March In September 2025, when she transferred the land, she was told that she was not using the land for the right purpose. After that, she was fined and the penalty decision stated that the 50 m2 area under the traffic planning was the area that she used for improper purposes. According to the provisions of Clause 3, Article 139 of the Land Law 2024: 3. In cases where households and individuals are using land due to land encroachment or land appropriation, not falling into the cases specified in Clauses 1 and 2 of this Article and in cases of using land for improper purposes for which land has been allocated by the State, When leasing land or recognizing land use rights, it will be handled as follows: a) In cases where the person is using land stably and in accordance with district-level land use planning or general planning or zoning planning or construction planning or rural planning, he or she will be considered for issuance of a Certificate of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law; b) In cases not falling under the provisions of Point a of this Clause, the person currently using the land may temporarily use the land. until the State recovers the land, but must maintain the status quo of land use and must declare and register land according to regulations. Ms. Tuyen has an area used for improper purposes for housing which is 100 m2 in accordance with planning and 50 m2 not in accordance with planning. According to point b, clause 3 above, she must maintain the status quo and must declare and register land according to regulations. She asked, what are the procedures for declaring and registering land? After you complete the land registration declaration, can you transfer the above land plot to someone else? The Ministry of Agriculture and Environment answered this issue as follows: The content you ask needs to be resolved based on specific records 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 2001, 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 the Decision decided to sanction administrative violations in the field of land, which showed that the remedial measures were 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, cadastral records will be adjusted 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. Conditions for transfer of land use rights comply with the provisions of Clauses 1, 3, 5 and 8, Article 45 of the Land Law of 2019. 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
