On the Government Portal, citizens asked: Ms. M.N. H's parents (Bac Ninh) have more than 700 m2 of land, including 360 m2 of residential land, then in 2015 bought an additional garden land plot (land for perennial crops) adjacent to more than 300 m2, there is no dispute, the land used by the old owner has been stable for many years, but there is no Certificate, only handwritten purchase and sale documents.
That land plot, the old owner also applied and was accepted to get a red book from 2012, but did not have the conditions, so he resold it to Ms. H.'s parents.
Ms. H asked, how can her parents get a certificate for the garden land bought more, and then separate each plot for their children?
The Ministry of Agriculture and Environment answers this question as follows:
The content of her reflection is a specific case and needs to be based on archived records, specific regulations of the locality issued under its authority to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment would like to state some principles as follows:
Current land law has stipulated the issuance of Certificates of land use rights to households and individuals who are using land in Articles 137, 138, 139 and 140 of the Land Law.
In case the land plot has not been granted a Certificate, the land user shall prepare a dossier requesting land registration and first-time Certificate issuance according to the provisions of Clause 1, Section XI, Content C, Part V of Appendix I issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government. The settlement will be considered by competent authorities based on dossiers on land origin, land use process, related documents (including transfer documents if any) and conditions according to the provisions of law.
Currently, according to the provisions of Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to regulate the order and administrative procedures for land to organize implementation in localities, including regulations on the components of dossiers to be submitted and the order and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land.
Therefore, the Ministry of Agriculture and Environment requests her to send feedback and recommendations to the Department of Agriculture and Environment where the land is located for guidance on implementation.
