According to Decree 01/2017/ND-CP, households and individuals using land that have violated the land law before July 1, 2014 and have settled on that area will still be granted a red book.
Decree 01/2017/ND-CP, effective from March 3, allows the issuance of certificates of land use rights, house ownership and land-attached assets to the following five cases:
- Households and individuals using land that have violated the land law before July 1, 2014, are using land stably in the following cases:
Using encroached land, occupying public works safety protection corridors, which is no longer part of public works safety protection corridors, nor is it restricted to road construction, for no purpose. used for office buildings, non-business buildings and other public works
– Currently using the encroached or occupied land under the planning which has been recovered by the provincial People’s Committee, but is considered by the Forest Management Board to be contracted, or has been encroached or occupied and is now being used for agricultural production and housing purposes and is not part of the forest management plan. forest protection and development planning
Encroaching, occupying unused land or arbitrarily changing the land use purpose in the case of requiring permission without permission from a competent authority but having a house and stable land use before October 15, 1993 .
- Land allocated without authority
If the applicant for a certificate of land use rights and ownership of houses and other land-attached assets for the land parcel was allocated without authority before July 1, 2004, there is no dispute over that land. in accordance with the planning, but at the time of issuance of the certificate with or without a house, the certificate shall be considered and financial obligations must be fulfilled.
- Increased land area compared to the land use right papers for households and individuals currently using land
The land registration office must certify in the application for re-issuance or renewal of certificates of land use rights and ownership of houses and other land-attached assets for the increased land area and send information cadastral offices to tax authorities, submit certificates, update and correct cadastral records and land databases for the entire area of land plots in use, hand over certificates to the grantees or send Communal People’s Committee to hand over the case of filing at the Commune People’s Committee.
- Land for construction of urban areas, rural residential areas, production and business zones with different land use purposes
If the apartment building is combined with an office, service or commercial establishment, if the investor wishes and fully meets the conditions, he/she shall be granted a certificate of land use right and ownership of houses and other assets attached to the apartment. attached to land for one or more apartments, offices, service and commercial establishments owned by the investor.
- In case the land use right has been transferred but not yet renamed
In case of using land in the group: receiving transfer or donation before January 1, 2008, land transferred or donated from January 1, 2008 to before July 1, 2014 with a certificate of land use right or inherited land with the right to use before 1/7/2014. The receiving agency may not require the land use right transferee to submit the contract or document on land use right transfer.
Source: According to tapchitoaan.com
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