What is stable and continuous land use?
The family of Mr. Nguyen Linh Quang (Thua Thien Hue) submitted an application for the first issuance of a Land Use Rights Certificate, but it was rejected with the reason that they have a house but do not reside there and do not continuously use the land.
The land belonging to Mr. Quang's family is within an urban planning area for road construction, but they bought a residential property from someone else that was already built in 1997. The land's origin is not in dispute, as it was given by their parents. The family has been paying non-agricultural land tax annually since they purchased it in 2004, but they haven't lived there because the house is in poor condition and they couldn't obtain a construction permit.
Mr. Quang asked whether not living on the land means they cannot be granted a Land Use Rights Certificate. He also inquired about any specific regulations regarding this matter and whether paying non-agricultural land tax is considered continuous land use. Lastly, he wanted to know if a Land Use Rights Certificate can be issued for land that was used prior to the implementation of urban planning.
The Ministry of Natural Resources and Environment provided the following response:
According to the regulations on land, the determination of stable land use is stipulated in Article 21 of Decree No. 43/2014/ND-CP dated May 15, 2014, of the Government, detailing the implementation of certain articles of the Land Law.
The procedures for registering land, assets attached to land, issuing Land Use Rights Certificates, ownership of residential houses and other assets attached to land for the first time, and supplementary registration of assets attached to land are prescribed in Article 70 of Decree No. 43/2014/ND-CP.
The types of land are defined in Article 11 of the Land Law and Article 3 of Decree No. 43/2014/ND-CP (as amended and supplemented in Clause 1 of Article 2 of Decree No. 01/2017/ND-CP).
The authority to grant Land Use Rights Certificates, ownership of residential houses, and other assets attached to land for households is provided in Clause 2 of Article 105 of the Land Law. The issuance of Land Use Rights Certificates is handled through specific administrative procedures at the local level.
The Ministry of Natural Resources and Environment provided this information for Mr. Quang to be aware of, study, and contact the relevant authorities in accordance with the regulations of the law.
By: Source: Chinhphu.vn (Government Newspaper)/Translator: LeAnh-Bizic
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