Sending a question to the Government Electronic Information Portal, Mr. D. T. T (Lao Cai) said: In 2018, his family received the transfer of a agricultural land plot that had not been granted a Certificate of Land Use Rights. The purchase and sale was made by handwritten paper between the two families and has been confirmed by the Ward People's Committee for stable use for agricultural purposes.
Mr. T wondered, based on Clause 6, Article 138 of the 2024 Land Law, is his family eligible to be granted a Certificate of Land Use Rights for the above-mentioned agricultural land plot or not?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is that the specific case is under the jurisdiction of the locality and needs to be based on archival records, specific regulations that the locality has issued according to its authority to enforce the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer. The Ministry would like to state some principles as follows:
Current land law has specifically stipulated the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals who are using land without papers on land use rights without violating land law, and not falling into cases where land is allocated not in accordance with authority under Article 138 of the Land Law.
The Government has fully regulated the components of dossiers submitted, order, and procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 and Decree No. 151/2025/ND-CP dated June 12, 2025.
At the same time, the Minister of Agriculture and Environment has issued Decisions No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures in the field of land under the state management functions of the Ministry of Agriculture and Environment, accordingly, specific land procedures have been stipulated, including: (1) Implementation order; (2) Implementation method; (3) Composition, number of dossiers; (4) Resolution time; (5) Subjects of administrative procedures; (6) Agencies implementing administrative procedures; (7) Results of administrative procedures; (8) Fees and charges; (9) Form names, declarations; (10) Requirements and conditions for implementing administrative procedures (if any); (11) Legal basis of administrative procedures.
The Ministry of Agriculture and Environment informed him to know and study implementation. In the process of carrying out administrative procedures on land, if he does not agree with the results of resolving administrative procedures of competent authorities in the locality, he has the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the Law on Complaints in 2011.
