Regulations on granting the first Certificate of Land without papers
Mr. V.T.H in Nghe An asked that his family's land was formed in 1960 by his grandfather's exploration. Recently, due to not understanding the policy, his family has not converted garden land to residential land, and applied for a red book.
The land in his locality has a limit of 300 m2, according to regulations, the land before 1980 was transferred to his family not more than 5 times the limit, meaning that his family was recognized for land in 1,500 m2.
Mr. H asked, can his family convert garden land to residential land and issue a red book without the documents under Article 100 of the 2013 Land Law? If so, what documents and procedures should you prepare?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is unclear in procedures, does not have complete 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 him 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.
The Ministry of Agriculture and Environment recommends that you study the above regulations and contact the competent authority in the locality for resolution.
