At the end of 2015, my family participated in and won the auction of the land of cultural houses in Cam Long commune, Cam Thuy district, Thanh Hoa province. After 03 days, the commune-level People's Committee told my family to fulfill the obligation to pay the full amount of VND 65 million for the auction of that land. So, my family complied with their request. But until now, my family has not been issued a red book. I have met the commune cadastral office several times and I have been explained that the application was being sent to the district and the permit was in the process. Looking forward to the advice of lawyers.
Thank you for trusting and sending your questions to FDVN Law Firm (“FDNV”). For your requests, after researching the legal provisions, we would like to send you some opinions as follows:
According to Clause 5, Article 9 of Circular No. 24/2014/TT-BTNMT amended, supplemented by Circular No.33/2017/TT-BTNMT, if the land auction winner completes the payment to the State Treasury, he/she will be granted a red book (the Certificate of land use rights).
Point a, Clause 40 Article 2 of Decree No.01/2017/ND-CP amending, supplementing provisions on the time limit of issuance of the red book to an auction-winning land stipulates that the registration of land and land-attached assets, the issuance of the certificate of land use rights, ownership of houses, and other land-attached assets must not exceed 30 days.
Accordingly, the period to issue red books for the auction-winning land is not more than 30 days. In addition, according to current legal provisions, the issuance of the red book to auction-winning land is also the first issuance of the certificate.
Application for the issuance to auction- winning land:
To be issued the red book to auction- winning land, the land users need to prepare the following papers:
Application for change registration of land and land-attached assets;
Registration book, ID card of the land user who has won the auction of land use rights;
Copy of documents proving that financial obligations related to land are fully paid when land is leased or allocated by the State through the form of land use right auction;
Land map or cadastral of the auction-winning land applying for the certificate of land use rights.
Document on auction results of land use rights and land-attached assets at the request of the property owner or land user or at the request of a judgment enforcement agency or a judgment of People’s Court, which is executed.
Taxes and fees must be paid when applying for issuance of the red book to auction-winning land
For registration fee: According to Article 7 of Decree No. 140/2016/ND-CP stipulaté that the registration fee rates before registering ownership of houses and land is 0,5% and the base price prescribed by the People’s Committee of provinces, central-affiliated cities shall determinate the registration fee.
Therefore, the fact that you have submitted enough documents, the above taxes and fees but after 04 years, you still have not been granted a red book is not accordance with the law. Thus, you have the right to complain or file a lawsuit against the Commune-level People’s Committee, land registration Officer for failing to issue the certificate of land use rights to you.
Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.
Lawyer Duyên Trần – FDVN Law Firm
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