Ms. N.T.M in Thanh Hoa reflected that her parents were given land by the locality for agricultural cultivation around the 1980s.
After many changes in planning, the locality has divided the fields, separated the plots, combined the fields in different areas and gathered them into an area for households.
In May 2016, Ms. M's father, the owner of the household, was granted a certificate to monitor the payment of fees to the household with an area of about 3,000 m2. Currently, her family still cultivates and pays annual agricultural product tax according to regulations.
Ms. M asked, can her family submit an application for a red book for agricultural land for the land area in the monitoring book? Or do families have to wait for the locality to issue guidance information to all households in the village and commune? All residents in the area only have a record book of receipts to households.
If her family can proactively apply for a red book, what documents should the family prepare, where, and in what form; what taxes and fees should be paid?
In addition, Ms. M's family has a piece of land of nearly 300 square meters. According to her father, around 1972 a school was built near this area and a ditch was built to drain water by the local government. After the clearance, the school was relocated, and the locality divided the land in this area to people for agricultural cultivation.
Next to the ditch was a piece of land, because of the small area, no one was cultivating or using it at that time. Next to this piece of land is an area called Bien Con Mieu, where Mrs. M's father, according to his grandmother, opened the forest to cultivate agriculture. Around 1990, Ms. M's parents were given farming by her grandmother until now.
After many changes, expansions, and road straightenings, the above land was expanded and has an area of 300 m2 as at present. Her parents have continuously cultivated and used the land until now, and there have been no disputes during the use process. Land is not on the map. Ms. M's family also did not pay taxes/ province and did not have any documents for this piece of land.
Ms. M asked, can her family apply for a red book for the above plot of land? If possible, what documents should the family prepare and which agency should they contact to get support for related documents?
The Ministry of Agriculture and Environment responds to this issue as follows:
Regarding the first question, the current land law has provisions on the issuance of Certificates of land use rights and ownership of other assets attached to land for the first time to individuals and households currently using land in Articles 137, 138, 139, 140 and 141 of the 2024 Land Law.
The order and procedures for first-time registration of land and assets attached to land for individuals, communities, and households currently using land and the order and procedures for granting a Certificate of land use rights and ownership of assets attached to land are stipulated in Section II and Section V, Part C, Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the field of land.
Issuing a Certificate for land without documents:
Regarding the second question, her reflection is unclear in procedures, not complete with information, records and basis for the provisions of the 2013 Land Law (which has expired), therefore, the Ministry of Agriculture and Environment has no basis to give specific answers.
The Ministry of Agriculture and Environment informed some contents for her to study and refer to during the implementation of land administrative procedures as follows:
Current land laws, currently in effect: 2024 Land Law and guiding documents, detailed regulations for implementation (Decree No. 101/2024/ND-CP, Decree No. 102/2024/ND-CP, Decree No. 151/2025/ND-CP...).
Regarding the issuance of a first Certificate to a household or individual using land without documents on land use rights as prescribed in Article 137 of the Land Law, not violating the land law as prescribed in Article 139 of the Land Law, not falling under the case of land allocation without proper authority as prescribed in Article 140 of the Land Law, it shall be implemented according to the provisions of Article 138 of the Land Law.
