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On the Government's online portal, Mr. Nguyen Van Thach ( Phu Tho ) requested guidance from the competent authorities on resolving the following cases:
(1) Ms. Dao Thi D.'s household was allocated land by the People's Committee of the commune without proper authority with an area of 200 m2 on February 20 , 2000. At that time, the People's Committee of the commune collected money from Ms. D.'s household for land use with the amount of 3,000,000 VND. From the date of land allocation until April 2025, Ms. D.'s household used the land to grow annual crops, without registering the land or obtaining the first land use right certificate.
In May 2025, Mrs. D.'s household began constructing a house (in a commune where construction permits are not required).
Mr. Thach asked whether Ms. D.'s construction of a house constituted an administrative violation, and if so, what specific violation was committed and which Decree stipulated it? Mr. Thach requested specific guidance on how to proceed (including measures to remedy the consequences).
If Ms. D.'s household constructed the aforementioned building without violating any administrative regulations, are they eligible to register the land and obtain a land use certificate for the first time for residential purposes according to Article 140 of the 2024 Land Law (please provide specific guidance on how to proceed)?
(2) Mr. Phung Van P.'s household was allocated land by the People's Committee of the commune without proper authority with an area of 300 m2 on January 22, 1996. At that time, the People's Committee of the commune collected money from Mr. P.'s household for land use with the amount of 2,400,000 VND. From the date of land allocation until the end of 2014, Mr. P.'s household used the land to plant perennial and annual crops.
In early 2015, Mr. P.'s household began constructing a two-story house with a construction area of 100 m² ; the building was completed in October 2015 and has been used as a residence ever since.
Mr. P.'s household is now requesting land registration and the issuance of a land certificate for the first time for an area of 300 m² of residential land. Mr. P. provided the original land allocation record dated January 22, 1996, from the Commune People's Committee; and the payment receipt issued and collected by the Commune People's Committee on January 22, 1996. Mr. P. has been using this plot of land without dispute, and the zoning plan indicates it as residential land.
Article 140 of the 2024 Land Law stipulates the following cases: (1) cases where land has been used stably before October 15, 1993; (2) cases where land has been used stably from October 15, 1993 to before July 1, 2004; (3) cases where land has been used stably from July 1, 2004 to before July 1, 2014; (4) cases where land was allocated from July 1, 2014 to before the effective date of the 2024 Land Law.
Mr. Thach asked whether Mr. P.'s household, having been allocated land by the Commune People's Committee without proper authority on January 22, 1996 (during the period from October 15, 1993 to before July 1, 2004), and using the land for perennial crops from January 22, 1996 to the end of 2014, and then for residential purposes from October 2015 to September 26, 2025, is eligible for land registration and initial issuance of a land use certificate for residential purposes? If eligible, which regulation in Article 140 of the 2024 Land Law applies? If not eligible, what is the solution according to current regulations?
The Ministry of Agriculture and Environment responded to this issue as follows:
The unauthorized allocation of land is a violation by the state agency, not the land user, therefore no administrative penalties will be imposed on the land user.
Building houses on residential land (allocated illegally) does not constitute a violation of land use for improper purposes.
According to Article 140 of the 2024 Land Law on the issuance of land use right certificates and ownership certificates for assets attached to land for households and individuals currently using land allocated without proper authority, the authority to issue the initial certificate to households and individuals rests with the People's Committee at the commune level. Therefore, in the case you inquired about, please refer to the aforementioned legal regulations and contact the People's Committee at the commune level to determine the origin, current land use status, and time of stable use when considering the issuance of the certificate.
Current land law already stipulates the issuance of Certificates of Land Use Rights and Ownership of Other Assets Attached to Land for the first time to individuals and households using land that was allocated without proper authority and has been used stably from October 15, 1993 to before July 1, 2004, as stated in Clause 2, Article 140 of the Land Law.
Accordingly, land parcels requiring registration and issuance of land use certificates for residential purposes must meet the condition that the land has been used stably and currently has a house or a house and structures serving daily life. Thus, the use of land for residential purposes in cases where the land use allocation was not done by the competent authority is based on the current status of the land parcel, whether or not there is a house on it.
The application of policies for considering and issuing land use certificates to households and individuals should be based on each specific case and on local land management records. The Ministry of Agriculture and Environment advises you to study this and contact the People's Committee of the commune where the land is located for consideration and resolution within their authority.
Source: https://vtv.vn/dat-mua-cua-xa-ap-dung-quy-dinh-nao-de-cap-giay-chung-nhan-100260122174942032.htm
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