On the Government Portal, Mr. N.V.T, working at a ward's Economic Department, said that during the work handling process, he encountered some problems related to handling administrative violations of land and issuing red books for residential land that had been illegally allocated by the village or commune before July 1, 2014.
Mr. T asked, in the case of villages, communes, illegally selling residential land to households and individuals before July 1, 2014.
After July 1, 2014, will households and individuals who have just built a house be counted as a case of land violation and must be handled for land administrative violations or not?
If there is a violation, which provision of the Decree on handling land violations will be applied?
In case a village or commune illegally sells residential land to a household or individual before July 1, 2014, in accordance with the prescribed conditions but does not have a house, will it be granted a red book for residence according to the limit?
According to Clause b, Point II, Section C, Appendix 1 of Decree No. 151/2025/ND-CP, in case of no documents according to Article 137 of the Land Law, the confirmation of stable land use is based on the time and purpose of land use in one of the documents, including documents on illegal allocation or sale; so it can be understood that the current allocation or sale of no house without authority can still be considered as the use of residential land from the time of allocation, sale and being granted a red book?
The above is the content of the grassroots level having problems when implementing the work, Mr. T suggested that the competent authority guide and clarify to have a basis for implementation.
The Ministry of Agriculture and Environment responds to this issue as follows:
The assignment of land without authority is a violation of a state agency, not by a land user, so the land user will not be administratively sanctioned.
The construction of a house on residential land (allocated without authority) is not a violation of land use for the wrong purpose.
Clause 3, Article 140 of the Land Law stipulates the granting of Certificates in cases where land users of unknown origin were allocated before July 1, 2014.
Accordingly, a land plot that needs to be registered and granted a Certificate of residential land use must meet the conditions of having been used stably and having a house or a house and a structure serving life.
Thus, the use for residential land purposes in cases where the origin of land use is not properly granted shall be based on the current status of the land plot in use with or without housing.
The Ministry of Agriculture and Environment informs you to know and follow regulations.
