📋 Tender Overview
Mr. As household has been using land in violation since 2013, but by 2023, the entire book has been transferred (updated page 4) and a notarized written commitment for Mr. B to continue applying for additional recognition of the violating land when the law allows. Mr. Nguyen Duong Quan (HCMC) asked, can Mr. B currently apply Article 139 of the 2024 Land Law when applying for recognition of the violating land? Is the land in violation? Is a household using land in violation before July 1, 2014 required to be the only household until the date the 2024 Land Law comes into effect? In the case of households and individuals that have received the transfer, can this Article 139 be applied? The Ministry of Agriculture and Environment answered this issue as follows: The content of your question did not clearly state what Mr. As violation was before July 1, 2014, such as: land encroachment, land appropriation, land use for wrong purposes, and also did not clearly state that in 2023 Mr. B received the transfer of Mr. As entire book updated on page 4. Whether or not the violating area is included. Therefore, the Ministry of Agriculture and Environment has no basis to answer you specifically. Please contact the Peoples Committee of the commune or ward where you have land for specific instructions. According to the reflection, the transfer of land use rights will take place in 2023, so the provisions of the 2013 land law will apply to the conditions for transferring land use rights. Accordingly, Clause 1, Article 188 of the 2013 Land Law stipulates that one of the conditions for land users to exercise their rights is to have a Certificate of Rights. Land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, ownership of houses and other assets attached to land. Therefore, in case the land area violates land law (due to encroachment, occupation, etc.) but has not been granted a Certificate of transfer of rights, it is a violation of land law.Chinhphu.vnSee moreLand encroachment before transfer, the time of violation is calculated. See moreLand violated before 2014 can be considered for compensation. See moreHow to calculate the statute of limitations for sanctioning administrative violations of land. See more. If the old owner violated land, does the new owner have to overcome the consequences? See more. Statute of limitations for sanctioning administrative violations of land. See more Instructions for handling violations and issuing books for land used for the wrong purpose.
