On the Government Information Portal, Ms. N.T.T in Hanoi said that in 1994, Ms. N.T.T's uncle received a transfer of 216 m2 of land from Ms. A (confirmed by the People's Committee of the commune on the land transfer certificate).
The land plot originated from the People's Committee of the commune, which granted residential land to Ms. A in 1992, with money collected, Ms. A had paid the full land use fee.
Land in accordance with residential land planning, no land disputes, assets attached to land; current status only has a surrounding wall, no houses and works serving life on the land.
For the old regulation, if Ms. T's bac submits an application for a first red book, it will be considered for issuance and must fulfill financial obligations according to regulations.
However, the 2024 Land Law has not yet specifically regulated the case of when a red book is issued but the land does not have a house.
Ms. T asked, if her uncle submits a first application for a red book for the above plot of land, will he be granted a red book according to which provisions of law?
The Ministry of Agriculture and Environment responds to this issue as follows:
The current land law has stipulated the issuance of Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land allocated without proper authority in Article 140 of the 2024 Land Law.
The order and procedures for first-time registration of land and assets attached to land for individuals, communities, and households currently using land and the order and procedures for granting a Certificate of land use rights and ownership of assets attached to land are stipulated in Section II and Section V, Part C, Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 2 levels, decentralization and delegation in the field of land.
Because this is a specific case, at the same time, the consideration of granting a Certificate of land use rights and ownership of assets attached to land must be based on specific records, current land use and other relevant regulations in the locality. Therefore, the Ministry of Agriculture and Environment informs people to know, research, and contact competent authorities in the locality for settlement according to regulations.
