Currently, there are still cases of households and individuals using the allocated land illegally. According to Clause 1, Article 23 of Decree No. 43/2014/ND-CP, land allocated against the authority (incorrect jurisdiction) includes cases where the head of a residential area or the commune-level People’s Committee allocates land improperly. according to the provisions of the law on land from time to time. At the same time, land allocation without authority also includes cases where an organization is allocated or leased land by the State for its own use, but has distributed and arranged it for officials, employees, and cooperative members to use it for their own purposes. housing and other purposes. So about the matter “How to deal with illegal land allocation under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Cases of illegal land allocation
Unauthorized allocation of land is land used by households or individuals in the following cases:
Case 1: Land is allocated land by the head of the residential area or the People’s Committee of the commune (commune, ward or township) improperly according to the provisions of the law on land over time.
Since the first Land Law was issued in 1987, there have been many new laws to replace it. However, the agency competent to allocate land to households and individuals is still uniformly regulated as the district People’s Committee (district, district). , towns and provincial cities).
If households and individuals use land that is not allocated by the district-level People’s Committee, it is the land that has been allocated improperly.
Case 2: The organization is allocated or leased land by the State for use but has distributed and arranged it for officials, employees and cooperative members by itself.
Self-distribution and arrangement for officials, employees, and cooperative members are in fact very diverse and carried out by many different organizations, these organizations do not have the authority to allocate land but have distributed and distributed the land themselves. Positions such as: National defense units, enterprises, companies, educational and training institutions at all levels, hospitals or other agencies and units.
How to deal with illegal land allocation under Vietnam law?
Currently, for illegal land allocation, the following cases will be considered:
In case the land was used stably before October 15, 1993
According to Clause 2, Article 23 of Decree No. 43/2014/ND-CP, in case the land allocated without authority has been used stably before October 15, 1993, without dispute, in accordance with the planning, the are using land and are granted a certificate of land use rights and ownership of houses and other land-attached assets for the allocated land area as prescribed in Clause 1, Article 20 of this Decree.
Accordingly, in order to be granted a Certificate, the following conditions must be met:
– No dispute.
– In accordance with the plan.
Pursuant to Clause 1, Article 20 of Decree No. 43/2014/ND-CP, the certificated area is as follows:
– For a land plot with houses whose area is less than or equal to the quota for recognition of residential land, the entire area of the land parcel is recognized as residential land (the limit for each province or city under central authority will be different – see local regulations).
In case the land plot has houses and the area of the land parcel is larger than the quota for recognition of residential land, the area of recognized residential land is equal to the quota for recognition of residential land; In case the area of land for construction of houses and works in service of life is larger than the quota for recognition of residential land, the residential land area shall be recognized according to the actual area in which houses and works in service of life have been built there.
– For land plots with construction works for production, trade and non-agricultural services, land for non-agricultural production establishments, commercial and service land shall be recognized according to the actual area where the works have been built there; the form of land use is recognized as the form of land allocation with collection of land use levy, the land use term is stable and long term.
– For a land plot with both houses and constructions for production, commerce or non-agricultural services, and the area of the land plot is larger than the quota for recognition of residential land:
+ Area of residential land is recognized as prescribed for land plots with houses.
+ The remaining area for which non-agricultural production, commercial and service works have been built shall be recognized as prescribed for land plots with construction works for non-agricultural production, trade and services. .
– For the remaining land area after it has been determined as residential land or other non-agricultural land according to the above provisions, it shall be determined as agricultural land.
- In case the land has been used stably from October 15, 1993 to before July 1, 2014
According to Clause 3, Article 23 of Decree No. 43/2014/ND-CP, in case the land that was not allocated in accordance with the authority has been used stably from October 15, 1993 to before July 1, 2014, there is no dispute. In accordance with the planning, they shall be granted a certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Clause 2, Article 20 of this Decree.
In case the land plot has gardens, ponds attached to houses or other construction works, the remaining area without houses or constructions shall be determined as agricultural land according to the current state of use, if the user uses it. If the land use is requested to be converted to non-agricultural purposes, the procedures for change of purpose must be carried out.
Although the conditions for obtaining the Certificate of the above two phases are the same as prescribed, the difference is the area for which the Certificate is granted and the land use levy payable.
Area to be granted the Certificate:
– For a land plot with houses whose area is less than or equal to the residential land allocation quota, the entire land parcel area shall be recognized as residential land (the land allocation quota for each province or centrally run city will be difference).
In case the land plot has houses and the area of the land plot is larger than the residential land allocation quota, the recognized residential land area is equal to the residential land allocation quota; In case the area of land for construction of houses and works in service of life is larger than the quota for residential land allocation, the residential land area shall be recognized according to the actual area where houses and works serving that life have been built. .
– For land plots with construction works for non-agricultural production, trade or service, the land for non-agricultural production establishments shall be recognized; commercial and service land according to the actual area where the work has been built (the form of land use is recognized as the form of land allocation with collection of land use levy, the land use term is stable and long).
– For a land plot with both houses and constructions for production, commerce and non-agricultural services and the area of the land plot is larger than the residential land allocation quota, the residential land area or production base land shall be recognized non-agricultural exports; commercial and service land as prescribed for each type of land as above.
– The remaining land area, after being determined according to the area of residential land and other non-agricultural land according to the above provisions, shall be determined as agricultural land.
- For the case of land allocation wrongly from July 1, 2014 onward
If households and individuals are allocated land by the State but are not district-level People’s Committees, they will not only not be granted a Certificate but also have the entire allocated land area recovered.
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Frequently asked questions
Cost of making Red Book with improperly allocated land defines as:
The cost of making a Red Book includes: Registration fee, land use fee, Red Book issuance fee, and measurement fee (if any).
In case of using land with houses before October 15, 1993 and having documents proving that they have paid money to agencies or organizations to use the land, when they are granted the Certificates, they do not have to pay the payment history. land use.
In case of land use with stable houses between October 15, 1993 and before July 1, 2004 and proof of payment of money to use the land, and documents proving that If you pay money to use land in accordance with the collection rates prescribed by the 1993 land law, you will not collect land use levy.
Papers proving the payment of money to agencies or organizations for land use when determining land use levy includes:
– Receipts, receipts, receipts for collection of money to use land and collect compensation according to Decision No. 186/HDBT dated May 31, 1990 of the Council of Ministers on compensation for damage to agricultural land and land forests when converted to other uses.
– Receipts, receipts, money collection invoices according to Circular No. 60/TC-TCT dated July 16, 1993 of the Ministry of Finance guiding the collection management regime for the sale of state-owned houses, the granting land use rights for construction of houses and works.
Receipts, receipts, invoices or other papers proving the payment of money for land use, issued by the People’s Committees at all levels or of the agencies or organizations that allocate land not within their competence.
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