On the Government Portal, Ms. D.T.H in Hanoi shared that she has a plot of land of 310 m2, on the extract of the Certificate (red book) provided by the People's Committee of the commune with the words "Current purpose of use: rural land. Time of use: long term", issued a Certificate by the old district on December 30, 2005.
However, due to difficult circumstances, her family has not been able to pay the registration fee to get it back.
In 2023, Ms. Hue's family went to the Commune People's Committee to ask for guidance to get a red book, and the staff supported them to look up the extract and information on the cadastral map.
The results of the search were inconsistent, the issued red book was rural land, but on the cadastral map was garden land, so her family could not complete the procedures to get the red book (from 2005 to present, in 2025, her family paid residential land tax).
In 2023, the People's Committee of the commune announced that it would keep the red book because the information did not match the cadastral map. Up to now, there has not been any document requesting a resolution from the government agency.
Ms. H asked, in this case, what procedures does her family need to do to get a red book?
The Ministry of Agriculture and Environment responds to this issue as follows:
Because the content she reflected is a specific case and the management records are stored locally, the Ministry of Agriculture and Environment has no basis to give a specific answer. The Ministry would like to propose some specific regulations on principles as follows:
The Land Law does not have regulations on whether a red book has been signed but not yet given to a land user due to incorrect information on the Certificate and cadastral map.
Clause 21, Article 6 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 of the Minister of Natural Resources and Environment detailing Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the circulars guiding the implementation of the Land Law has stipulated:
"In case the Certificate has been signed but not yet granted to the land user because the land user has not received the Certificate according to the notice of the competent authority, after 90 days from the date of notification to the land user, owner of the property attached to the land, the Land Registration Office, Branch of the Land Registration Office or the Land Use Rights Registration Office confirmed in Section IV on page 3 of the Certificate "Certificate not yet granted... (make a record of the reason for not being granted the Certificate due to disagreement with the information on the Certificate, not fulfilling financial obligations, no need to record debts...) and store according to regulations. In case after confirming the reason for not giving the Certificate but the land user wants to receive the Certificate, the Land Registration Office, Branch of the Land Registration Office or the Land Use Rights Registration Office shall confirm the content of "The issued Certificate" in Section IV of the Certificate and hand over the Certificate to the land user".
This content is also stipulated in Clause 2, Article 42 of Circular No. 10/2024/TT-BTNMT dated July 31, 2024 of the Minister of Natural Resources and Environment regulating cadastral records, Certificates of land use rights, and ownership of assets attached to land, specifically:
"In case the Certificate has been signed and has been notified by the competent authority as prescribed in Clause 21, Article 6 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 of the Minister of Natural Resources and Environment detailing Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government, but before August 1, 2024, if the land user or owner of the property attached to the land has not received the Certificate, the Land Registration Office will review and notify the agencies holding the Certificate in the locality to re-submit the Certificate and confirm the reason for not receiving the Certificate in the section " Changes after granting the Certificate" and put it in the archive according to regulations; in case the land user needs to receive a Certificate, the Land Registration Office will confirm the reasons for granting the Certificate when issuing the Certificate change.
From the above grounds, in case the Certificate has been granted according to the provisions of Article 50 of the 2003 Land Law and Article 135 of Decree No. 181/2004/ND-CP dated October 29, 2024 of the Government on the implementation of the 2003 Land Law but the land management agency has not yet issued the Certificate to the land user, the land management agency must notify the land user to receive the Certificate.
In case the land user does not come to receive the certificate, the Land Registration Office, the Branch of the Land Registration Office will confirm the reason for not giving the certificate and store it until the land user has a need to get the certificate.
