On the e-Portal of the Ministry of Agriculture and Environment, citizens ask:
My family was granted a Certificate of Land Use Rights (GCN) by the People's Committee of Tu Liem district (old), Hanoi City in 2008. The GCN shows the boundaries of the entire land plot, including both the area that has been granted the GCN and the area that has not been granted the GCN.
Since then, my family has still lived stably on the above land plot, without any changes in the boundaries compared to the time of being granted the GCN.
I would like to ask, is the boundary of the land plot at the time of issuance of the GCN determined as the boundary of the entire land plot, including the area that has been granted the GCN and has not been granted the GCN, or is it only the boundary of the area that has been granted the GCN?
In case my family wants to be granted a GCN for the entire land plot, how is the order, dossier and procedures carried out? Which legal document mentions this regulation?
The Ministry of Agriculture and Environment has the following opinions:
The reflected content is that specific cases are under the jurisdiction of the locality and need to be based on archived records and 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:
According to Clause 42, Article 3 of the Land Law, a land plot is the land area limited by the boundary described in the cadastral records or determined on the ground. The issuance of Certificates for each land plot to land users is in accordance with Clause 1, Article 135 of the Land Law.
In case your family finds that the family's Certificate has been issued but still lacks land or is not in accordance with regulations, it is requested to the competent authority to reissue, reissue or correct according to the provisions of law.
Currently, Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of 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 has assigned the Provincial People's Committee to regulate the order and administrative procedures for land to implement the cases specified in Article 14 of this Decree, including the order and procedures for correcting, renewing, and re-issuing Certificates.
Based on the above regulations, administrative procedures on land will be regulated by the Provincial People's Committee. Therefore, the Ministry of Agriculture and Environment requests you to send reflections and recommendations to the Department of Agriculture and Environment where the land is located to be guided on implementing administrative procedures according to regulations.
