Pursuant to Clause 2, Article 140 of the 2024 Land Law, in cases where land has been used stably from October 15, 1993 to before July 1, 2004, and is now confirmed by the People's Committee of the commune where the land is located to have no disputes and is in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, a Certificate of land use rights and ownership of assets attached to land shall be granted in accordance with the provisions of Clause 3 and Clause 6, Article 138 of this Law.

Mr. Ho Trung Duan (Nghe An) asked, so in the current case that is not in accordance with the construction planning, will a Certificate of land use rights be granted? If not, how will it be handled?

For example, at the time of unauthorized land allocation in 1996, there was no planning, but by 2024 it is not in accordance with the planning, how will it be resolved?

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

Clause 2, Article 140 of the Land Law on cases where households and individuals are using land that was allocated without proper authority and the land was used from October 15, 1993 to before July 1, 2004, and is now confirmed by the People's Committee of the commune where the land is located that there is no dispute, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, they will be granted a Certificate of land use rights and ownership of assets attached to the land according to the provisions of Clause 3 and Clause 6, Article 138 of this Law.

Accordingly, the land plot in use must be in accordance with one of the five types of planning mentioned above to be considered for granting a Certificate.

Based on the above provisions, in case the time of land allocation is not within the authority in 1996, there is no planning but by 2024 it is not in accordance with the planning, it will not be eligible for consideration for granting a Certificate according to the provisions of Article 140 of the Land Law.