A reader in Gia Lai said that in 2003, an individual was allocated land by Corps 15 - Ministry of National Defense to build a house according to the land allocation decision.
In 2005, this person transferred the land plot to a retired couple with a handwritten paper. The transferee was handed over the land and used it stably from 2005 to now but has not built a house, only growing crops.
In 2016, the land plot was handed over to the local government for management and no longer belonged to defense land.
Readers request functional agencies to answer whether the above case will be granted a Certificate of Land Use Rights or not; whether the land use purpose is recognized as residential land or agricultural land and how financial obligations are determined.
Regarding this issue, the Ministry of Agriculture and Environment said that this is a specific case under the jurisdiction of the locality. The consideration must be based on land management records and guiding documents for the implementation of the Land Law, so the Ministry has no basis to answer specifically.
According to the Ministry of Agriculture and Environment, the 2024 Land Law stipulates that land users who do not have papers on land use rights under Article 137 may be considered for issuance of Certificates of land use rights and ownership of assets attached to land under Articles 138, 139 and 140.
Section XI, content C, part V, Appendix No. 01 issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulates the registration and issuance of Certificates for cases where land use rights have been transferred but procedures for transfer have not been carried out.
In which, point a, clause 1, section XI mentions the case of land use due to receiving transfer of land rights before July 1, 2014 but without land use right documents specified in Article 137 of the Land Law.
The Ministry of Agriculture and Environment also said that Articles 14 and 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government have stipulated the authority to resolve, order and administrative procedures in the field of land.
Therefore, readers need to contact competent authorities in the locality to check their dossiers, origin, land use process and get guidance on procedures according to regulations.
Regarding the determination of land use fees, the Ministry of Agriculture and Environment said that the regulations in point c, clause 2, Article 10 of Resolution No. 254/2025/QH15 have been guided in Decree No. 50/2026/ND-CP.
The content on land use fees and land rent belongs to the functions and tasks of the Ministry of Finance. Therefore, the Ministry of Agriculture and Environment requests readers to send petitions to the Ministry of Finance for specific answers.
