Ms. Bui Thuy Quynh Nhu makes an application for a certificate of the right to use 109.5m2 of HNK land (land for other annual crops), land plot No. 28, map sheet No. 20, My Dong ward, City. Phan Rang – Thap Cham, Ninh Thuan province for the purpose of agricultural land, but her application was rejected.

Ms. Nhu then redone the application and applied for a land use right certificate for the purpose of using residential land, but she did not agree with the reason that there is currently no house on the land. Ms. Nhu would like to ask, how does she need to apply for a land use right certificate?

Regarding this issue, The Ninh Thuan Land Registration Office replied as follows:

This land plot was transferred by Mrs. Bui Thuy Quynh Nhu from the previous owner (both parties handwritten), not yet confirmed by the People's Committee of My Dong Ward. The land plot was formerly a cemetery land managed by the Ward People's Committee. The old owner encroached on it and then transferred it to Ms. Nhu.

According to the minutes of checking the current state of land use made by the Ninh Thuan Land Registration Office - Phan Rang - Thap Cham Branch on December 19, 2018, the current status of the land parcel of Mrs. Nhu is growing neem trees.

Based on the urban land use planning. Phan Rang - Thap Cham Provinces by 2020, this land plot will be planned as urban residential land; according to the detailed construction planning (1/500 scale) residential areas on both sides of the road north and south of An Dong bridge in Ho Chi Minh City. Phan Rang - Thap Cham, this land plot belongs to the planning of residential land for embellishment.

Regarding the application for a Certificate with the purpose of using agricultural land: Pursuant to Clause 1, Article 22 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government stipulating the handling and issuance Certificates of land use rights, ownership of houses and other land-attached assets, for households and individuals using land that have violated the land law before July 1, 2014 as follows:

In case of use of encroached or occupied land of public-facility protection corridors after the State announces and puts up boundary landmarks of such corridors, or of encroached or occupied land of roads, roadsides and pavements after the State announces construction red lines, or of encroached or occupied land used for the construction of offices of state agencies, non-business works or other public facilities, the State shall recover land for returning to these works without granting certificates of land use rights and ownership of houses and other land- attached assets for encroached or occupied land areas.

In case due to adjustment of land use master plans and construction master plans approved by competent state agencies, encroached or occupied land areas no longer belong to public-facility protection corridors, lie within the redlined areas for construction of roads or for construction of offices of state agencies, non-business works or other public facilities, current land users may be considered for grant of certificates of land use rights and ownership of houses and other land attached assets and shall perform the financial obligations prescribed by law.

Thus, the land plot Ms. Nhu requested for a Certificate for the purpose of agricultural land is not in accordance with the planning approved by the competent authority.

Regarding the application for a Certificate for residential land use: Pursuant to Clause 5, Article 22 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government, people are using land stably. in the cases specified in Clause 1, Point a and c, Clause 2, Point b, Clause 3 of this Article without dispute, the Certificate of land use right and ownership of houses and properties shall be granted other attached to the land.

Thus, the land parcel Ms. Nhu requested for a Certificate for the purpose of being urban residential land, but the current state of the land is not used for residential purposes, so it is not eligible for a Certificate.

To be considered for a certificate of land use right, Ms. Nhu would like to contact the Department of Natural Resources and Environment of Ho Chi Minh City. Phan Rang - Thap Cham for instruction on applying for land allocation or auctioning land use rights in accordance with the law.