However, when the buyer uses and applies for a land use right certificate, many unusual things happen. They are like “illegal residents” right on the very land they paid for.
Lawyer Quach Thanh Luc, director of Legal Law Firm, Hanoi Bar Association has provided legal perspectives on the sale of land by the village chairman without his authority and the consequences for the transferor. land and people buying land without authority.
According to lawyer Luc, the handling of consequences for land allocated without authority depends on the time of land allocation and is divided into 4 periods.
Phase 1: Land has been allocated and used stably before October 15, 1993
Clause 2, Article 23 of Decree 43/2014/ND-CP stipulates: “In cases where land allocated without proper authority has been used Stable use before October 15, 1993, without any disputes, in accordance with the planning, the current land user will be granted a Certificate of land use rights, ownership of houses and other assets attached to land for the land area. assigned according to the provisions of Clause 1, Article 20 of this Decree”.
According to the provisions of Clause 1, Article 20 of Decree 43/2014/ND-CP, people will be issued certificates Certificate of land use rights for residential purposes equal to the residential land recognition limit according to regulations of each province and city.
Period 2: Land has been allocated and used stably since then. October 15, 1993 to before July 1, 2004
Clause 3, Article 23 of Decree 43/2014/ND-CP stipulates: “3. In cases where the land allocated without authority has been used stably from October 15, 1993 to before July 1, 2014, without any disputes and in accordance with the planning, a Certificate of land use rights and home ownership will be granted. Housing and other assets attached to land according to the provisions of Clause 2, Article 20 of this Decree.”
According to the provisions of Clause 2, Article 20 of Decree 43/2014/ND -People will be granted land use rights certificates for residential purposes equal to the residential land allocation limit according to regulations of each province.
The residential land allocation limit is always less than the recognized limit Residential land according to the regulations of each province and city.
Period 3: Land is allocated and used stably from July 1, 2004 to before July 1, 2014
Clause 2, Article 18 of Circular 02/2015/TT-BTNMT stipulates:
“5. The issuance of Certificates for cases of land being allocated without proper authority from July 1, 2004 to before July 1, 2014 according to the provisions of Article 23 of Decree No. 43/2014/ND-CP is carried out. is as follows:
a) Clarifying and handling responsibilities for those who allocate land without proper authority according to the provisions of law; b) Consider and decide on each specific case and only issue Certificates in cases of stable land use without disputes in accordance with land use planning, detailed urban construction planning or construction planning. Rural residential areas with new rural construction planning have been approved by competent state agencies and must fulfill financial obligations according to the provisions of law; In case of land allocation for housing, Certificates will only be issued to individual households that do not have any other residential land in the commune, ward or town where the residential land is allocated without proper authority.”</p >
According to this regulation, officials who allocate land without authority must be handled first before people will be granted red books.
Period 4: Land has been allocated without authority since July 1, 2014 to present
Clause 5, Article 23 of Decree 43/2014/ND-CP stipulates: “The State does not issue Certificates of land use rights own houses and other assets attached to land and recover all land areas leased without authority from July 1, 2014 onwards.”
So depending on the time when the land is allocated without authority, it depends on whether the people still keep the payment slip or not, the amount of money collected in the receipt is so that the authorities have a basis to issue a land use right certificate to determine. The land use fee must be paid according to regulations.
Civil servants who allocate land without authority from July 1, 2004 to before July 1, 2014 must now be considered. clarify and handle responsibilities then proceed with issuing certificates to people. People who allocate land without authority in many localities are currently often prosecuted for the crime of abusing position and power while performing official duties according to the provisions of Article 356 of the 2015 Penal Code with a maximum sentence of up to 15 years. years in prison.
