My family moved to a residential area 20 years ago under the category of relocation to take land for an industrial area, and now we have not been granted a land use title certificate. (Duy Tan)
I ask the local government almost every year, but always get a “coming soon” answer. Please advise what should I do?
Advisory lawyer
According to Clause 6, Article 3 of the 2014 People’s Housing Law, resettlement houses are houses that will be arranged for households and persons who are resettled when the State reclaims the land where they live or their houses are vacated, in accordance with the provisions of the law.
Article 10 of the 2014 Housing Law stipulates that one of the rights of homeowners and land users is: “given a certificate for the house under legal ownership according to the provisions of this Act and the law on land”.
Therefore, if the resettlement land where your family resides fully meets the requirements specified by law, a land use title certificate will be issued.
According to the information you provided, your family was granted resettlement land to use the land as an industrial area, in case of “Recovery of land for socio-economic development for the national and public interest”, in point a paragraph 2 Article 62 of the 2013 Land Law.
According to Article 66, Article 105 of the 2013 Land Law, land restoration and issuance of land use rights certificates are under the authority of the district People’s Committee. The procedures for granting land use rights certificates follow Article 70 of Government Regulation 43/2014/ND-CP dated 15 May 2014 which details the implementation of a number of articles of the Land Law. , Article 8 Circular Letter. No. 24/2014/TT-BTNMT dated May 19, 2014 from the Ministry of Natural Resources and Environment which provided cadastral records.
Specifically, the profile includes:
– Application for registration and issuance of certificates of land use rights and ownership of houses and assets attached to the land;
– Land allocation decisions or resettlement decisions;
– Documents for fulfilling financial obligations; documents relating to the release or reduction of financial obligations on land and property attached to the land (if any);
So, you have to see if your family has submitted documents to carry out the procedures for granting land title certificates or not? In the event that your family has not submitted the file, you must prepare the file and submit it to the People’s Committee or the Regency Land Registration Office to carry out the procedure for applying for a Right of Use Certificate.
However, if your family has applied but has not yet been granted a Certificate, you can go to the Land Registry Office or the County Natural Resources and Environmental Office for inspection and clarification.
In the event that the settlement cannot be completed satisfactorily, you can file a complaint with the head of the district People’s Committee or file an administrative lawsuit with the Court to be resolved according to the provisions of Article 204 of the Land Law. thirteen:
1. Land users and people who have rights and obligations related to land use have the right to complain or file a lawsuit against administrative decisions or administrative actions on land management.
2. Procedures and procedures for resolving complaints regarding administrative decisions and administrative actions on land in accordance with the law on complaints. Procedures and procedures for resolving complaints regarding administrative decisions and actions on land must follow the law on administrative procedures.
Lawyer Pham Thanh Binh
Bao Ngoc Law Firm, Hanoi
at Blogtuan.info – Source: vnexpress.net – Read the original article here
