25 years after the land allocation decision: The dream of a red book is still unfinished
When the local government issued a "green book", Ms. Tu's family in the old Thai Hoa town (now Thai Hoa ward) was sure that it had the highest legal value, but when they went to do the procedures to issue a red book, they were surprised that they needed a receipt to prove that they had paid the money to be recognized.
Having a "green cover" is still not recognized
More than 25 years ago (1998), Ms. Pham Thi Tu's family, residing in Tan Thanh block, Thai Hoa ward (formerly Hoa Hieu ward, Thai Hoa town), participated in the land auction, paid the full amount and was issued a land allocation decision by the People's Committee of Nghia Dan district at that time. However, until now, when she is in her old age, she still does not have a land title in her hand.Land use rights certificate(CNQSDD), also known as "red book".
According to the records, in 1998, Ms. Pham Thi Tu and Ms. Tran Thi Xuan participated in the auction for the right to use land lot No. 05, with an area of 78.4m2.2, at the bus station area of Thai Hoa town, Nghia Dan district, with the price of 600,000 VND/m2On January 8, 1999, Nghia Dan District People's Committee issued Decision No. 01/QD-UBND on land allocation for housing construction with an area of 39.2m2named after Mrs. Pham Thi Tu (the decision was printed on a piece of blue cardboard, so the locals called it the blue cover). Since then, Mrs. Tu's family has built a house and lived there, without any disputes.
However, since 2020, when Ms. Tu's family completed the procedures to transfer to a red book, it was rejected because the authorities said that there was no receipt, so it could not prove that she had fulfilled her financial obligations.
It is worth mentioning that in the land registration dossier of Ms. Tu's family, in 2020, the People's Committee of Hoa Hieu Ward also confirmed that Ms. Tu's family had fulfilled their financial obligations. After that, the Tax Department of Phu Quy II area also confirmed that Ms. Pham Thi Tu had paid for residential land at Nghia Dan Bus Station in the amount of VND 23,520,000, with an area of 39.2m2.2. Afterwards, the Thai Hoa Town Land Registration Office Branch also conducted a field inspection and measured the land plot.
By November 2020, Ms. Tu's family had also completed their financial obligations (land use fees, real estate registration fees) but the red book was still nowhere to be found.
In particular, on August 30, 2022, the Thai Hoa Town Land Registration Office Branch responded in writing that: In her family's current case, there are no documents proving the payment of money to use the land at the time of land allocation and the collection level according to the provisions of the 1993 Land Law cannot be determined (whether financial obligations have been fulfilled or not), so the Thai Hoa Town Land Registration Office Branch has no basis to transfer information to determine financial obligations when issuing land use right certificates.
"If the money had not been paid, the People's Committee of Nghia Dan district at that time would not have issued a decision to allocate land to my mother. Not to mention, if the conditions were not met, who could have built a house and lived stably for the past 25 years?" - Ms. Nguyen Thi Huong, Ms. Tu's daughter said.
Roundabout processing?
According to research, "green cover" - that is, the decision to allocate land for housing, was previously granted by the People's Committee of Nghia Dan district to many households, mainly located along National Highway 48, near markets and busy commercial areas. Most of these cases were auctioned by the local government at that time, in accordance with state regulations, and the proceeds were also paid into the budget.
Verification in the area showed that there were some cases similar to Ms. Tu's family, who were granted a "green cover" and lost the receipt but were also granted a red book. Mr. NCT - a resident of Tan Thanh block said that his family was granted a red book several years ago.
Working with the Thai Hoa Town Land Registration Office Branch, we were told that from August 1, 2024, cases like Ms. Tu's family's will be subject to the first issuance of land use right certificates and the responsibility belongs to the ward and commune authorities.
Mr. Pham Tien Dung - Head of Economic, Infrastructure and Urban Department, Thai Hoa Ward People's Committee said that because the ward government was newly established, it could not grasp all the cases that were still stuck, had not been granted or changed the Land Use Right Certificate. For cases that had been allocated land before, people were requested to complete the application and submit it to the Ward People's Committee for guidance on handling.
Obviously, the people's participation in the auction of land use rights and the previous local government's decision to allocate land have a basis. However,Due to the long period of time since they received the decision, keeping receipts or documents proving payment may no longer be sufficient.
Not to mention that in theory, it is very difficult for people to have not paid money but the government has issued a decision and let people build houses and live stably for decades like that. In addition, if people do not keep the payment receipt, the payment receipt must be in the local government's file or can be found by simply looking it up.
In the context of Thai Hoa ward being newly established, people are increasingly expecting the new government to soon review and completely handle the backlog left by history, including resolving the rights of households that have been granted "green books" like Ms. Pham Thi Tu's family.
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