The Ministry of Agriculture and Environment received a petition from voters in An Giang province with the content: For cases of stable and long-term land use but lacking papers according to old regulations or exceeding the land limit. It is proposed to have more specific and flexible guidance to ensure the legitimate rights of land users.
Regarding this proposal, the Ministry of Agriculture and Environment reports as follows:
Land law in 2024 has specific regulations on 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, 140, point d and point d, clause 2, Article 142 of the Land Law.
The Government has fully stipulated 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. The Minister of Agriculture and Environment has issued Decision No. 2304/QD-BNNMT dated June 23, 2025 and Decision No. 3380/QD-BNNMT dated August 25, 2025 on announcing administrative procedures in the field of land under the state management functions of the Ministry of Agriculture and Environment, accordingly, each administrative procedure on land has been stipulated, including the issuance of Certificates of land use rights, ownership of assets attached to land for the first time to households and individuals who are using land stably.
At the same time, to fully institutionalize the spirit of "locality decides, locality does, locality takes responsibility" in Conclusion No. 155-KL/TW of the Politburo on a number of key tasks that need to be focused on arranging the organizational structure and administrative units in the direction of promoting decentralization and delegation of power associated with improving the responsibility of local authorities, ensuring proactiveness and flexibility in organizing the implementation of laws, in accordance with the practical conditions of each locality; continue to remove difficulties and obstacles in the field of land when deploying 02-level local authorities;
On January 31, 2026, the Government issued Decree No. 49/2026/ND-CP dated the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, in Clause 2, Article 14 stipulating the authority to issue Certificates of land use rights, ownership of assets attached to land, confirm changes on issued certificates, correct, revoke, and cancel issued certificates from agencies with land management functions at the provincial level, Chairmen of People's Committees at commune level, and Land Registration Offices.
Clause 3, Article 14 of Decree No. 49/2026/ND-CP stipulates: In cases where land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjustment of land use term, extension of land use term, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval and approval of land use plans, issuance of Certificates of land use rights, ownership of assets attached to land, confirmation of changes on issued certificates, correction, recovery, cancellation of issued certificates, re-determination of residential land area before the effective date of this Decree, the Provincial People's Committee decides to apply and implement according to the provisions of Clauses 1 and 2, Article 14 of Decree No. 49/2026/ND-CP or continue to assign to agencies and competent persons that are resolving to continue to implement.
Thus, the 2024 Land Law and decrees guiding the implementation of the Law have detailed regulations and guidance on the issuance of Certificates for cases of stable and long-term land use but lacking papers or using agricultural land exceeding the land limit as voters' opinions stated.
