According to the Government Electronic Information Portal, a citizen in Ho Chi Minh City said that the land was self-excavated and used by his parents before 1975, and was legally managed under Directive No. 299/TTg dated November 10, 1980, approved by the Branch of District 7 Land Registration Office on July 30, 2024.
In March 1980, the parents of this citizen built a level 4 house; paid house and land tax in 1992 applied to residential and construction land.
In 1998, parents were granted a Certificate of Land Use Rights stating LNK (Currently, the law does not specifically stipulate what LNK land is. It can be understood that LNK land belongs to the group of perennial crop land and is classified as another type of perennial crop land - PV).
In 2006, receiving the Public Information Form on the current status of houses and land of Ho Chi Minh City, the above land plot was identified as residential land in urban areas. The confirmation paper of Tan Hung Ward People's Committee dated November 25, 2025, recorded in the archives of the Ward People's Committee, does not have administrative penalties for construction violations on the above land plot.
The citizen's parents passed away 13 years ago, and the family is currently preparing dossiers for registration of changes and inheritance. Ho Chi Minh City Land Registration Office - Branch No. 7 does not accept dossiers for registration of changes, requesting citizens to go to Tan Hung Ward People's Committee to request a Decision on administrative sanctions in the field of land and include the family's dossier in Clause 3, Article 139 of the 2024 Land Law, land with violations of land law before July 1, 2014.
This citizen reflected that the request to provide a decision on administrative sanctions in the field of land from Tan Hung Ward People's Committee, but not being answered about when the violation was sanctioned, in 1980 or 2026, is it correct?
Is Clause 4, Article 3 of Decree 123/2024/ND-CP, Points a, e, Clause 1, Point a, Clause 3, Article 137 and Point b, Clause 1, Article 141 of the 2024 Land Law applicable to family records?
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 and specific regulations of localities that have been issued under their authority for consideration and resolution. Therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment has a common opinion as follows:
According to the reflected content, the land plot has been used for residential land purposes since 1980, has paid house and land tax and built since 1992. However, in 1998, a Certificate of Land Use Rights was issued for LNK land purposes.
According to the provisions of point d, clause 2, point d, clause 3, Article 152 of the Land Law, in case citizens believe that the Certificate of Land Use Rights issued in 1998 is not for the right purpose of land use, they shall send a written petition to the People's Committee of the commune where the land is located.
The People's Committee of the commune where the land is located is responsible for inspecting, considering, and deciding to revoke the issued Certificate of Land Use Rights and reissue the Certificate according to the provisions of Clause 7, Article 152 of the Land Law.
In case the commune-level People's Committee checks the dossier and determines that the issuance of the Certificate of Land Use Rights for the purpose of LNK land in 1998 is in accordance with the provisions of law, it falls under the case of consideration and resolution for cases of using land for purposes not recognized by the State as land use rights according to the provisions of Clause 3, Article 139 of the Land Law.
For acts of changing the purpose of using agricultural land to non-agricultural land without permission from a competent State agency, the time to calculate the statute of limitations for penalties is the time when the person with power to perform official duties discovers the violation according to the provisions of point b, clause 2, Article 3 of Decree No. 123/2024/ND-CP.
The Ministry of Agriculture and Environment informs citizens to know and contact competent authorities in the locality for consideration and resolution according to the provisions of law.
