25 years after the land allocation decision: The dream of a land ownership certificate remains unfulfilled.
When the local authorities issued them a "green certificate," Mrs. Tu's family in the former Thai Hoa town (now Thai Hoa ward) were convinced that it had the highest legal value. However, when they went to apply for a red certificate, they were surprised to find that they needed a receipt proving payment to be recognized.
Having a "green cover" doesn't necessarily mean it's not recognized.
More than 25 years ago (in 1998), the family of Ms. Pham Thi Tu, residing in Tan Thanh Hamlet, Thai Hoa Ward (formerly Hoa Hieu Ward, Thai Hoa Town), participated in a land auction, paid the full amount, and received a land allocation decision from the Nghia Dan District People's Committee at that time. However, even now, in her twilight years, she still does not have the land in her possession.land use right certificate(Land Use Right Certificate), also known as the "red book".
According to records, in 1998, Ms. Pham Thi Tu and Ms. Tran Thi Xuan jointly participated in the auction for the right to use land plot No. 05, with an area of 78.4 square meters.2, in the bus station area of Thai Hoa town, Nghia Dan district, at a price of 600,000 VND/m2On January 8, 1999, the People's Committee of Nghia Dan District issued Decision No. 01/QD-UBND allocating land for housing construction with an area of 39.2 square meters.2It was registered under the name of Mrs. Pham Thi Tu (the decision was printed on a blue cardboard sheet, so the locals called it the "blue cover"). From then on, Mrs. Tu's family proceeded to build a house and live there without any disputes.
However, since 2020, when Ms. Tu's family applied to transfer the land ownership certificate, they were rejected because the authorities claimed that the lack of receipts did not prove that she had fulfilled her financial obligations.
Notably, in the land registration documents of Ms. Tu's family, in 2020, the Hoa Hieu Ward People's Committee also confirmed that Ms. Tu's family had fulfilled their financial obligations. Subsequently, the Phu Quy II Regional Tax Office also confirmed that Ms. Pham Thi Tu had paid the land tax at Nghia Dan Bus Station with the amount of 23,520,000 VND, for an area of 39.2 square meters.2Subsequently, the Thai Hoa Town Land Registration Office branch also conducted a field inspection and surveyed the land plot.
By November 2020, Mrs. Tu's family had fulfilled their financial obligations (land use fees, house and land registration fees), but the land title deed was still nowhere to be seen.
Specifically, on August 30, 2022, the Thai Hoa Town Land Registration Office Branch issued a document stating that: In the current case of the family, there are no documents proving payment for land use rights at the time of land allocation, and the amount collected according to the 1993 land law (whether financial obligations have been fulfilled or not) cannot be determined. Therefore, the Thai Hoa Town Land Registration Office Branch has no basis to transfer information to determine financial obligations when issuing the land use right certificate.
"If the money hadn't been paid, the Nghia Dan District People's Committee at that time wouldn't have issued the land allocation decision to my mother. Not to mention, if the conditions weren't met, who could have built a house and lived there stably for over 25 years?" - said Ms. Nguyen Thi Huong, Ms. Tu's daughter.
A roundabout way of handling it?
According to our investigation, "green certificates"—that is, decisions allocating land for housing—were previously issued by the Nghia Dan District People's Committee to many households, mainly along National Highway 48, near markets and bustling commercial areas. In most of these cases, the land was auctioned off by the local authorities at the time, in accordance with state regulations, and the proceeds were deposited into the state budget.
Verification in the area revealed that several cases similar to Mrs. Tu's family, where people were issued "green certificates" and lost the receipts, have also been granted land ownership certificates. Mr. NCT, a resident of Tan Thanh block, said that his family was granted a land ownership certificate several years ago.
Working with the Land Registration Office branch in Thai Hoa town, we were informed that, from August 1, 2024, cases like that of Ms. Tu's family fall under the category of initial issuance of land use right certificates, and the responsibility lies with the ward or commune authorities.
Mr. Pham Tien Dung, Head of the Economic, Infrastructure and Urban Planning Department of Thai Hoa Ward People's Committee, said that because the ward government is newly established, it has not yet been able to fully grasp all the cases that are still pending or have not yet been granted or exchanged land use right certificates. For cases where land was allocated previously, he requested that residents complete their applications and submit them to the Ward People's Committee for guidance on processing.
Clearly, the fact that people participated in the land use rights auction and had previously been granted land allocation decisions by the local authorities is justified. However,Due to the considerable amount of time elapsed, they have received the decision, so the receipts or documents proving payment may no longer be complete.
Not to mention, theoretically it's highly unlikely that the authorities would issue permits allowing people to build houses and live there stably for decades without them having paid the fees. Furthermore, if the residents don't keep their payment receipts, these receipts should be in the local government's records, or they can be easily found through a simple search.
With the establishment of Thai Hoa ward, residents are increasingly hoping that the new government will soon review and definitively resolve outstanding issues left over from the past, including addressing the rights of households that have been granted "green certificates" like Mrs. Pham Thi Tu's family.
