Regarding the determination of land use purposes, Mr. Khanh asked the authorities to answer the following cases:

The household has a current land plot that is currently growing cashew (CLN), and the original source of the transfer does not have the documents specified in Article 100 of the Land Law. However, the land use plan at that location is land for annual crops (NHK).

So when applying for a land use right certificate for the first time, in the application, is it land for growing annual crops or land for growing perennial crops? When recognizing land use rights for the first time, is the purpose of use according to the status quo or according to the land use plan?

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

"Illegal change of land use purpose" mentioned in Clause 1, Article 3 of Decree No. 43/2014/ND-CP (amended and supplemented according to Clause 1, Article 2 of Decree No. 01/2017/ND-CP) is the use of land for improper purposes according to the origin identified in the cadastral dossiers (specified in Article 96 of the Law on Land Law).

Grounds for determining land use purposes when issuing Land Use Rights Certificate. 

According to the provisions of Point dd, Clause 6, Article 6 of the Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment, providing for certificates of land use rights and house ownership rights. For residential houses and other land-attached assets, the determination of land use purposes upon issuance of the Certificate shall comply with the provisions of Article 11 of the Land Law and Article 3 of Decree No. 43/2014/ND-CP (approved by the Ministry of Planning and Investment) amending and supplementing Clause 1, Article 2 of Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law).

In case the land is currently being used without a land use right document as prescribed in Article 100 of the Land Law, the type of land shall be determined according to the provisions of Clause 1, Article 3 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 1, Article 2 of Decree No. 01/2017/ND-CP).

The Ministry of Natural Resources and Environment provides information to Mr. Khanh for research, and based on the above regulations to determine the land use purpose stated in the registration application, issue a certificate of land use rights and other properties attached to land in accordance with law.