A citizen reported that their family owns a 1,200m2 plot of land, purchased in 1997. The transaction was done through a handwritten agreement, without specific details about the land area.
The previous owners, a married couple, had lived on and used the land continuously since before 1980 until the time of the sale.
In 2009, when the citizen’s mother applied for a land-use certificate (“red book”), she was granted only 200m2 of residential land, with the remaining area designated as land for long-term tree planting.
The citizen is curious to know if this plot of land can be considered to have pre-1980 origins. If so, will the family be eligible for a five-fold increase in the standard land-use quota (i.e., 1,000m2 of residential land)? And what are the procedures to get the pre-1980 land origin recognized?
Illustrative image: Hong Khanh |
In response to this inquiry, the Ministry of Natural Resources and Environment stated that as the citizen’s question did not include any relevant documents or evidence regarding the land’s origin and period of use, they could not provide a specific answer according to legal regulations.
However, the Ministry cited relevant legal provisions, referring to Article 138 of the 2024 Land Law, which pertains to the issuance of land-use rights certificates for households and individuals who are using land without proper documentation, provided they do not violate land laws and their land was not allocated by unauthorized entities.
Specifically, households and individuals who have been using land since before December 18, 1980, and can obtain confirmation from the People’s Committee of the commune-level administration that there are no disputes over the land, are eligible for land-use certificates.
The same applies to those who started using land between December 18, 1980, and October 15, 1993, as well as between October 15, 1993, and July 1, 2014, provided there are no land disputes confirmed by the local authorities.
The authorities advised the citizen to study the above regulations and prepare relevant land-use documents before approaching the competent agency for a resolution.
Hong Khanh
– 06:20 26/01/2025
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