Ministry of Agriculture and Environment responds to first-time land use right certificate application

Như Hạ |

The Ministry of Agriculture and Environment has just issued guidance related to procedures for issuing land use right certificates (red books) for the first time.

On the Government Portal, citizens wondered:

My family (in Bac Ninh) bought the land plot in the 2000s, has receipts for land purchase money, tax money and built a house before 2005. Many times my family went to the Commune People's Committee to ask, but they were always told that there was no land use right certificate.

Around 2020, my family was informed that because there was no road to the land, there was no land use right certificate. Currently, the land plot owner next door agreed to donate land to build a common road connecting to public roads, but when they came to the Land Office, the official replied that they did not meet the conditions for issuing a red book. I asked, what procedures are needed for issuing a Certificate and what kind of documents?

The Ministry of Agriculture and Environment answers this question as follows:

The content reflected by citizens is a specific case and needs to be based on archived records, specific regulations of localities issued by thẩm to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment 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 currently using land in Articles 137, 138, 139 and 140 of the Land Law, Articles 25, 26 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government.

Currently, according to the provisions of Article 14, Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to decide on authority and regulations on procedures and administrative procedures for land, including regulations on the composition of dossiers and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land for the first time.

The Ministry of Agriculture and Environment requests citizens to study the above regulations and send recommendations to the commune-level People's Committee or the Department of Agriculture and Environment for guidance on the components of the submitted dossier and the procedures for completing procedures in accordance with regulations.

In the process of carrying out administrative procedures on land, in case citizens do not agree with the results of resolving administrative procedures of competent authorities in the locality, they have 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.

Như Hạ
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