On the Government Information Portal, Mr. N.T.T in Bac Ninh reported that in 1991, the People's Committee of Thuan Thanh district, Ha Bac province (old) implemented the declaration of land registration and issued red books to 1,610 households and individuals in Gia Dong commune.
Mr. T's father's name is on the red book issued by the People's Committee of Thuan Thanh district, Ha Bac province (old) on December 18, 1991.
The Land Law 1987, Point b, Section 2, Part V of Circular No. 302-TT/DKTK dated October 28, 1989 of the General Department of Land Management stipulates the content when writing on the Certificate:
"Please note:
The name of the organization or individual stated in the Certificate must be the same as the name stated in the application for registration of land use rights, land use book, and approved list.
If the land user is an individual, the additional People's Certificate number must be recorded".
On the other hand, according to Official Dispatch No. 373/CV-CNVPDKDDD dated October 13, 2023 of the old Thuan Thanh Town Land Registration Office Branch; Official Dispatch No. 231/TNMT-DD dated October 18, 2023 of the Department of Natural Resources and Environment of Thuan Thanh Town; Official Dispatch 1472/UBND-TNMT of the People's Committee of Thuan Thanh Town, Bac Ninh Province dated October 24, 2024 and Official Dispatch No. 74/CV-TNMT of the Department of Natural Resources and Environment of Thuan Thanh Town dated April 3, 2023, the following are: The land use right certificate issued by the People's Committee of Thuan Thanh District, Ha Bac Province on December 18, 1991 in the name of Mr. T's father is issued to his household, including members confirmed by the People's Committee of Gia Dong Commune on March 14, 2023.
Mr. T asked, is the same for the issuance of red books issued by the People's Committee of Thuan Thanh district, Ha Bac province on December 18, 1991 under his father's name, issued to the household or issued separately to his father's individual?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is a specific case under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution; therefore, the Ministry of Agriculture and Environment has no basis to answer.
The Ministry of Agriculture and Environment sets out some principles as follows:
The granting of the Land Use Rights Certificate in 1991 is carried out in accordance with the Land Law of 1987 and Circular No. 302-TT/DKTK dated October 28, 1989 of the General Department of Land Management.
According to the regulations at that time, the Certificate can record the personal name as the representative of the household allocated land, but the land use rights belonging to the household have been declared and registered in the list approved by the competent authority.
The Land Laws through the periods (1993, 2003, 2013 and 2024) all unify the regulation: Households allocated or recognized by the State for land use rights are the rights to use land belonging to members of the household at the time of land allocation.
Therefore, in the case of a certificate issued in 1991 with the name of an individual, if granted by household, it will be determined to be issued to a household, the person whose name is only the representative of the household.
Request the family to contact directly the local government where the land is located to compare the approval documents and land records at the time of land allocation to determine the correct land user according to regulations
