Can land use change be granted a Certificate of Land Use Rights?

Thu, 21 Sep 2023 22:45:00  |  Print  |  Email   Share:

Mrs. Nguyen Thi Linh's mother (Thai Nguyen) has 1 plot for annual tree planting and 2 plots for rice cultivation, which have been granted Certificates of Land Use Rights according to the cadastral map (red cover since 1994).

In 2010, due to the need for use, Mrs. Linh's mother built a house on the plot for annual tree planting and changed the land to cultivate fruit trees on the 2 plots for rice cultivation without authorization.

Up to now, when measuring the cadastral map, the land area of Mrs. Linh's mother has increased (she did not buy or encroach on anyone's land, the increase in land area is due to re-surveying). Comparing with the land use planning, the land used for housing is suitable for residential purposes, 1 plot for rice cultivation is suitable for perennial tree cultivation, and 1 plot for rice cultivation is not suitable for planning.

Mrs. Linh asks, can her mother apply for a change in the Certificate of Land Use Rights to transfer the land use rights? Can she obtain residential land and land for perennial tree cultivation? Can the increased land area be granted?

Mrs. Linh's mother has gone to the ward People's Committee to complete the procedure but was told that she must be fined and restore the land to its original state before being granted a change or new Certificate of Land Use Rights. Is this correct? Based on which regulations? What should Mrs. Linh's mother do and where should she go to proceed?

The whole family of Mrs. Linh is living on this piece of land and cultivating from the plots intended for perennial tree cultivation. Restoring it to plots for rice cultivation would be very difficult.

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

At Points a and d, Clause 1, Article 57 of the Land Law 2013, it is stipulated that changing the purpose of land use must be approved by the competent state authority, including:

(i) Changing land for rice cultivation to land for perennial tree cultivation, forest land, aquaculture land, salt-making land;

(ii) Changing agricultural land to non-agricultural land.

According to the information provided above, the land use by the family has violated land laws. The penalty for violations and the measures to remedy the consequences are carried out in accordance with the provisions of Article 9 and Article 11 of Decree No. 91/2019/ND-CP dated November 19, 2019, of the Government on administrative sanctions in the field of land, including the requirement to register land as prescribed for cases meeting the conditions for land use rights recognition and for cases where individuals are temporarily allowed to use land until the State recovers land as stipulated in Article 22 of Decree No. 43/2014/ND-CP dated May 15, 2014, of the Government detailing a number of articles of the Land Law.

The submission of documents and the results of administrative procedures for land are carried out in accordance with the provisions of Article 60 of Decree No. 43/2014/ND-CP, as amended and supplemented at Point 19, Article 1 of Decree No. 148/2020/ND-CP dated December 18, 2020, of the Government amending and supplementing some decrees detailing the implementation of the Land Law.

According to (Government Newspaper).


By: Translator: LeAnh-Bizic


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