On the Government Information Portal, Mr. H.V.D in Thanh Hoa reported that his family bought a piece of land in 1986. The land plot was originally granted by the government around 1980-1981, located in a residential area, 3 sides adjacent to residents' houses, one side adjacent to a ditch for irrigation of rice fields.
After buying the land, Mr. D's family lived there until about 1996 and then moved to another place due to low land, but still maintained care, raised livestock, and farmed.
On April 24, 2008, his family was granted a red book for the above plot of land. At the time of receiving the red book, due to the low location, the surrounding tree fence was a bit shallow, in one direction adjacent to the neighbor's fish pond, but the pond bank was eroded, so the manual measurement at that time for the land plot area was 230 m2.
Currently, there is a policy to reissue new red books, Mr. D's family registered after clearing trees, building brick fences, and re-embanking the pond. The measuring officer confirmed that the measurement increased by 39 m2 (total area is 230 + 39 = 269 m2).
Although there are no changes in boundaries and no land disputes with surrounding households, the responsible officer still does not recognize and include this surplus land area in the perennial land area.
The excess measured area was legal land due to the conditions of residential land at that time and manual measurement was not accurate, so there were errors.
Currently, his family and surrounding households do not have any disputes, and surrounding households have also been reissued red books around 2021-2022, while fences around his family have been built since 2010.
Mr. D asked whether the family's remaining area was recognized as residential land merged into the original area of the red book or not?
The unit's agency did it right or not when cutting the family's land and thinking that this must be land for growing perennial crops because every time it measured the excess, it was right, what regulations?
When the commune land registration unit does not approve the request, what should his family propose, to which unit?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is that the case is under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution. Therefore, the Ministry has no basis to answer.
The Ministry would like to point out some principles as follows:
The current land law has stipulated the issuance of the first Certificate of land use rights and ownership of assets attached to land to households and individuals currently using land in Articles 137, 138, 139 and 140 of the Land Law.
The Government has fully regulated the components of the submission dossier, procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System and Decree No. 151/2025/ND-CP dated June 12, 2025 regulating the division of authority of local authorities at 02 levels, decentralization and delegation in the field of land.
At the same time, the Minister of Agriculture and Environment issued Decisions: No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures in the field of land under the state management of the Ministry of Agriculture and Environment, accordingly stipulating each specific land procedure including:
Implementation procedures; Implementation methods; Components, number of dossiers; Processing time; Subjects performing administrative procedures; Administrative procedure performing agencies; Results of administrative procedure implementation; Fees, charges; Name of application form, declaration; Requirements, conditions for administrative procedures (if any); Legal basis of administrative procedures.
The Ministry of Agriculture and Environment informed him to know and research and implement. During the implementation of land administrative procedures, if he does not agree with the results of the settlement of administrative procedures by competent authorities in the locality, he has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
