News

Regulations on issuance of Certificate of land use rights before July 1, 2004 without paper

2808-2023

Regulations on issuance of Certificate of land use rights before July 1, 2004 without paper

Answer:

The consideration and issuance of Certificate of land use rights to households and individuals who are using land stably before July 1, 2004, without having one of the prescribed land use right papers in Article 20 of Decree No. 43/2014/ND-CP, specifically as follows:

"Article 20. Issuance of a certificate of land use right is using land without a land use right document and without violating the land law.

The issuance of a certificate of land use right to households and individuals who are using land stably before July 1, 2004, without having one of the papers specified in Article 100 of the Land Law, Article 18 of this Decree and not in the cases specified in Clause 1, Article 101 of the Land Law, Article 23 of this Decree shall comply with the following provisions:

1. Before October 15, 1993, land-using households and individuals had houses and other construction works; is now certified by the People's Committee of the commune where the land is located that there is no land use dispute. The land use at the time of submitting the application for a certificate of land use rights is consistent with the land use planning, urban planning, construction planning, or rural planning approved by the State agency (planning). In case the land is not in accordance with the planning but has used land before the time of planning approval or uses land in a place where there is no planning, the land shall be recognized as follows:

a) For houses with an area less than or equal to the recognition quotas for residential land specified in Clause 4, Article 103 of the Land Law (recognization quotas for residential land), such land area shall be recognized as residential land.

In case the land plot with houses has a total area of the land larger than the residential land recognition quota, the recognized residential land area is equal to the residential land recognition quota. In case the total area of land for the construction of houses and works in service of life is larger than the quota for recognition of residential land, the area of residential land shall be recognized according to the built area.

b) For land with construction works for non-agricultural production, trade or service, the total area of the land shall be recognized on the basis of non-agricultural production, commercial, and service land according to the built area. The form of land use is recognized as the form of land allocation with the collection of land use levy, the term of use is long;

c) For land with both houses and works for production, commerce, and non-agricultural services, and the total land area is larger than the quota for recognition of residential land, the residential land area shall be recognized according to the provisions of Point a of this Clause. The remaining area for which non-agricultural production, commercial, and service works have been built shall be recognized according to the provisions of Point b of this Clause;

d) For the remaining land area, which has been determined according to the provisions of Points a, b, and c of this Clause, it shall be determined as agricultural land and recognized according to the provisions of Clause 5 of this Article… ".

In case agricultural land is used stably before July 1, 2024, but is not eligible for a Certificate, it shall be handled according to Clause 7, Article 20 of Decree 43/2014/ND-CP as follows:

Households and individuals that are using land in the cases specified in Clauses 1, 2, and 5 of this Article but are not eligible for a Certificate of land use rights and ownership of houses and other assets attached to land, may temporarily use the land according to its current status until the State recovers the land and must declare and register the land according to regulations.

Thus, in case agricultural land is used stably before July 1, 2004, but it is not eligible for a certificate of land use right, it is allowed to temporarily use the land in its current state until the State collects it. The people must declare and register land according to regulations.

Lưu trang