What is "land record 299"? What are the prescriptive periods for requesting real estate distribution

What is "land record 299"? What are the prescriptive periods for requesting real estate distribution?
Posted date: 04/01/2021

I am entangled in an inheritance dispute. Please kindly advise me.

My parents have 4 children. They died in 1986. When my parents were still alive, they had a land plot of about 600 square meters. After my parents passed away, our three sisters worked away from home, only the youngest of us stayed. In 2018, the youngest child intended to transfer the above land plot to another person.

Knowing that news, three of us went home to prevent it because this land plot was the estate's my parents left to 4 children, the youngest doesn't have the right to sell.

However, after making a copy of the cadastral file at the CPC, I realized that my parents just declared the use of this land plot according to "land record 299", not yet issued a land use right certificate (Book red).

After the death of my parents, around 1994, the youngest child declared and was issued a land use right certificate for this land plot. When I asked the cadastral official, they answered that the present time was over to prescriptive periods for requesting estate distribution. Therefore, the youngest child has the legal right to use this land.

I have some question as follow:

1. What is "land record 299"? If my parents being named on this record, will they be issued a land use right certificate?

2. What are the prescriptive periods for requesting estate distribution?

FDVN's opinion:

1. What is "land record 299"? If my parents being named on this record, will they be issued a land use right certificate?

"Land record 299" is the document made base on Directive No. 299/TTg on November 10, 1980, of the Prime Minister on the land measurement, classification, and registration in the country. People and cadres are often referred to as "Land record 299". The purpose of this record is closely managed and unify land in the country according to Decision 201-CP on July 1, 1980 of the Government Council, simultaneously develop the basic documents for the planning of economic sectors, improve production relations in the North and promote the improvement of production relations the South's agriculture. The Prime Minister asked branches and levels to conduct the work of measuring, mapping, and classifying land, classifying cultivated land, organizing register, and making statistics on the land use situation in the country.

Thus, Directive No. 299/TTg has an important meaning in determining the origin of the parcel of land, the owner of land use rights, the time of land use. It is one of the important bases for the issuance of the certificate land use right certification.

The significance of "land record 299" in the issuance of land use right certificates.

According to the provisions of Point g, Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014 / ND-CP (amended and supplemented by Clause 16, Article 2 of Decree No. 01/2017 / ND-CP), "Land record 299" is one of the important bases for the issuance of the "Red Book":

Article 100. Grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights

1. Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:

a/ The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;

b/ Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;

c/ Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;

d/ The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;

e/ The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;

f/ The document on land use rights issued by a competent authority of the former regime to land users;

g/ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.”

Article 18. Other documents on land use rights specified at Point g, Clause 1, Article 100 of the Land Law

Other documents made before October 15, 1993, under Point g, Clause 1, Article 100 of the Land Law bearing names of land users include:

1. Land registers and field establishment registers made before December 18, 1980.

2. One of the documents made during the process of land and field registration under the Prime Minister’s Directive No. 299-TTg of November 10, 1980, on survey, classification, and statistical registration of land and fields nationwide under the management of state agencies, including:

a/ Minutes of approval of commune-level land and field registration councils, determining that the current land use is lawful;

b/ Lists of lawful land use cases made by commune-level People’s Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies;

c) The letter of application for registration of land use right in the absence of the documents defined in Point a and Point b of this Section.

The date of the letter of application for registration of land use right shall be the date of filing or the date of validation, if the dates are different, whichever is earlier;

d) The documents on the communal, district-level or provincial People's Committee’s certification of registration of the land user’s land use right;

dd) The documents on housing declaration, which bears the confirmation of the communal, district-level or provincial People's Committee and describes the land area on which such housing is built;

e) The documents on national defense units’ allocation of housing land to officials and soldiers before the 15th of October 1993 pursuant to the Directive No. 282/CT-QP dated July 11, 1991, by the Minister of National defense provide that such allocation accorded with the plan of housing land for officials and soldiers in the national defense land plan approved by competent authorities.”

According to the information you provided, your parents are named on record 299. This is one of the important bases to prove that your parents are legal users of this parcel. Since your parents died without a will, the inheritance left by your parents is divided according to the law, according to which the heirs belong to the first line of inheritance (including spouses, natural fathers, Natural mother, adoptive father, adoptive mother, natural child, adopted child of the deceased) will be entitled to this estate.

2. What are the prescriptive periods for requesting estate distribution?

According to the provisions of Clause 1, Article 623 of the Civil Code 2015, the statute of limitations for initiating lawsuits to request division of estates is 30 years for real estate, from the time of opening inheritance.

However, according to the instructions in Official Dispatch No. 01 / GĐ-TANDTC dated January 5, 2018, for the case of inheritance opened before September 10- In 1990, the prescriptive periods for requesting estate distribution as real estate shall comply with Article 36 of the Ordinance on Inheritance 1990 and the Council's Resolution No. 02 / HDTP on October 19, 1990. Namely: the prescriptive periods for requesting estate distribution as real estate was counted from September 10, 1990.

Thus, according to the above regulations, if your parents died in 1986, the prescriptive periods for requesting estate distribution were counted from September 10, 1990. It has not been 30 years from September 10, 1990 to 2019. Therefore you have the full right requesting the Court settle estate distribution.

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