In 2012, Ms. Huynh Thi M.'s family (Gia Lai) bought a plot of agricultural land reclaimed by ethnic minorities. The sale was only made by handwritten documents and the land had not yet been granted a Land Use Rights Certificate.
After the purchase, Ms. M's family has been using the land stably until now. In 2018, the family completed the procedure to apply for a Certificate of Land Use Rights under the centralized issuance. The tax authority notified the family of the tax amount to be paid for this land plot and notified the People's Committee of the commune (address before the province's merger) to notify her family.
After that, the commune also issued a notice about the amount of money that Ms. M's family had to pay. However, due to economic difficulties, since 2018, her family has not paid taxes and has not been granted a Certificate.
Now the family wants to continue to issue the Certificate and contact the People's Committee of the new commune after the merger for guidance. However, the family was told that it had been a long time and they did not know where the documents were.
Mrs. M. asked, in this case, what should she do to get a Land Use Rights Certificate. If her family's documents were lost, what should she do?
Responding to this issue, the Ministry of Agriculture and Environment said that the content of your reflection and recommendation is not complete, so there is no basis for a specific response, but it can cite some legal principles for your reference and implementation.
In 2018, she carried out the registration procedure and issued the Certificate. At this time, the regulations under the 2013 Land Law and Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law were applied. The order and procedures for issuing the first Certificate to households and individuals are implemented according to the provisions of Article 70 of Decree No. 43/2014/ND-CP.
After the person requesting the Certificate submits the application and the Commune People's Committee performs the above work, the Commune People's Committee sends the application to the Land Registration Office to continue the procedure.
Here, the Land Registration Office performs the following tasks: In case the land user requests a Certificate of land use rights, house ownership rights and other assets attached to the land, the cadastral data shall be sent to the tax authority to determine and notify the collection of financial obligations...
In case you have not fulfilled your financial obligations, the records are currently kept at the Land Registration Office. Therefore, we suggest you contact the local Land Registration Office to have your records checked and reviewed.
On the other hand, if you still have copies of the required documents but the land management agency no longer has the records, you can carry out the registration procedure and issue a Certificate according to the provisions of Clause 7, Article 137 of the 2024 Land Law.
"Households and individuals who have a copy of one of the prescribed documents but the original has been lost and the state agency no longer retains the management records for the issuance of this type of document, and are confirmed by the People's Committee of the commune where the land is located that the land is being used stably and without disputes, will be granted a Certificate of land use rights and ownership of assets attached to the land; and financial obligations will be performed according to the provisions of law," the Ministry of Agriculture and Environment quoted Clause 7, Article 137 of the 2024 Land Law.
So in Ms. M's case, the first step is to contact the Land Registration Office to check the records. If the records are still available, the family only needs to pay the tax according to the notice and the case will continue to be resolved.
In case the documents are lost, Ms. M. needs to prepare a copy of the documents proving the origin of land use, and at the same time request the People's Committee at the commune level to confirm that the land is not in dispute to re-apply for a red book according to the 2024 Land Law.
Source: https://vtv.vn/khong-con-ho-so-goc-dat-van-co-the-duoc-cap-so-do-100251006114105415.htm
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