What conditions must be met for the first land use rights grant?

Mr. Nguyen Nam (HCMC) proposed guidance for the following case:

The land belonging to the X military zone belt was handed over by the Ministry of National Defense to the People's Committee of Y province for management on March 21, 1988. On November 21, 1995, the Prime Minister issued Decision No. Z to withdraw and hand it over to the People's Committee of Y province for management. In 1988, Mr. A used it himself. In 1992, Mr. A built a house. On August 27, 1992, Mr. A signed a contract to sell the house and land to Mr. B for use. The land plot was not on the list of public land managed by the Ward People's Committee.

The house sale contract of Mr. A sold to Mr. B was confirmed by the People's Committee of the commune on August 27, 1992, stating the following: "According to the house sale contract of Mr. A, resold to Mr. B, the People's Committee of the commune... confirms the transfer of assets on land owned by Mr. A. Regarding the land not under the management of the locality, it respectfully transfers it to the competent authorities for consideration and settlement."

The land plots have been used stably since 1992 until now, currently have houses on the land, no disputes and pay annual land use tax as residential land for the entire land area.

Regarding the current planning of the 3 plots of land:

Land use planning: 2 plots of land 2 + 3 are not suitable for planning, are land for infrastructure development and traffic land, 1 plot of land is suitable for planning, is urban residential land (plot 1).

Zoning plan: plots 2 + 3 are not suitable for planning as isolated green land and traffic land, high-density residential land for projects (plot 1).

Mr. Nam asked, is it correct for the Ward People's Committee to refuse to issue the first Land Use Right Certificate for all 3 plots?

The reason the Ward People's Committee refused was that plots 2 + 3 were not in accordance with land use planning and zoning planning; plot 1 was only in accordance with land use planning, not in accordance with zoning planning, so the first Land Use Rights Certificate was not granted.

The Ministry of Agriculture and Environment responded to this issue as follows:

According to the report, he has been using the land for his own use since 1988 and has built a house since 1992.

The Land Law has provisions for handling cases where households and individuals using land violate the Land Law before July 1, 2014 and Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System.

According to the provisions of Point a, Clause 3, Article 139 of the Land Law, sub-section (3.v), Section II, Content C, Part V, Appendix I issued with Decree No. 151/2025/ND-CP, in case a person is using land stably, in accordance with the district-level land use planning or commune-level land use planning or one of the plannings according to the provisions of the law on urban and rural planning, he/she shall be considered for the 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.

The Ministry of Agriculture and Environment provides information for you to know, research, and contact local authorities for settlement according to regulations.

In case you do not agree with the results of the administrative procedure settlement, you have the right to complain or file a lawsuit against the administrative decision or administrative act on land management according to the provisions of Article 237 of the Land Law.

Chinhphu.vn

Source: https://baochinhphu.vn/cap-quyen-su-dung-dat-lan-dau-can-dap-ung-dieu-kien-gi-102251102140015199.htm