Ms. Nguyen Thi Anh Quang (Da Nang) has land plot No. 589, map sheet No. 24, area 154.0 m² in Tam Ky City, Quang Nam Province (old).

Regarding the origin, the land was confirmed by the People's Committee of the ward (old) as land for perennial crops that Ms. Quang received the transfer and built a house on her own on November 27, 2013, and has been used stably until now without any disputes.

Regarding planning, according to the construction zoning plan (scale 1/2,000) approved by the People's Committee of Quang Nam Province (old) on June 12, 2020 and according to the planning adjustment decision dated December 31, 2020 of the People's Committee of Tam Ky City (old), the location of the land plot is in the traffic land planning (planning of 16.5m wide road);

According to the 1/500 detailed planning of An Ha cultural tourism area, approved by the Chu Lai Open Economic Zone Management Board on November 2, 2006, the land plot is located in the land of water surface and rice fields;

According to the General Planning of Chu Lai Open Economic Zone, Quang Nam province to 2035, with a vision to 2050, the land plot is located in the residential land;

According to the General Planning of Tam Ky City, Quang Nam province to 2030, with a vision to 2050, the land plot is located in the existing village land (LX9).

Regarding the current status, the land is not disputed and has not been seized to ensure execution of the judgment.

The land plot is not located in the areas where villas are currently being managed, planned for investment, or is currently a housing construction investment project, a technical infrastructure construction investment project, a project with the State's policy of land acquisition, site clearance for investment preparation, land use planning, housing use and assets attached to land; is not located in the area with the land acquisition decision of the People's Committee of Quang Nam province in the period 2011-2020; is not located in the area where the construction planning and land use plan for housing construction projects and investment projects have been announced and publicized, and the investment policy has been approved.

Ms. Quang asked, with the above information, is her land plot eligible for a Certificate of Land Use Rights?

The Ministry of Agriculture and Environment responds to this issue as follows:

The application of policies to consider and grant Certificates to households and individuals using land must be based on each specific case and must be based on local land management records, therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer. The Ministry has the following opinions in principle:

Current land laws have provisions on the issuance of certificates of land use rights and ownership of other assets attached to land to households and individuals currently using land in Article 137 (Issuance of certificates of land use rights and ownership of assets attached to land to households, individuals and communities currently using land with documents on land use rights), Article 138 (Issuance of certificates of land use rights and ownership of assets attached to land to households and individuals currently using land without documents on land use rights without violating land laws and not falling under the case of land being allocated without proper authority), Article 139 (Resolution for cases where households and individuals using land have violated land laws before July 1, 2014), Article 140 (Issuance of certificates of land use rights and ownership of assets attached to land for households and individuals using land allocated without proper authority) of the 2024 Land Law.

The Ministry of Agriculture and Environment requests that you study the above provisions and send a petition to the competent authority of the locality where the land is located for consideration and settlement in accordance with the provisions of law.