The Ministry of Agriculture and Environment received a petition from voters in Ha Tinh province with the content: According to Decree No. 151/2025/ND-CP, there is no longer a commune-level Land Registration Advisory Council to determine the origin and time of land use. The issuance of Certificates of land use rights for the first time or the increased area is mainly based on the declaration of land users, easily leading to inaccuracy, causing budget losses. It is proposed that the Ministry of Agriculture and Environment guide and supplement a mechanism to verify the origin and time of land use to ensure the issuance of certificates is realistic and objective.
Regarding this proposal, the Ministry of Agriculture and Environment said:
When organizing the implementation of 3 levels of local government, the content of confirming the origin of land use is regulated by the commune-level People's Committee through the Land Registration Council (Article 33 and Article 34 of Decree No. 101/2024/ND-CP).
Up to now, to reduce administrative procedures, it is no longer mandatory to establish a Land Registration Council. The commune-level People's Committee organizes the confirmation of the origin of land use according to the provisions of Clause 3, Section II, Content C, Part V of Appendix I issued together with Decree No. 151/2025/ND-CP (which has guided the determination of the origin and time of land use according to the documents that people have).
The issuance of the first Certificate or additional area has specific guidance on how to determine the time and purpose of land use according to the documents specified in Decree No. 151/2025/ND-CP such as documents on land use rights specified in Article 137 of the Land Law; Receipts for payment of agricultural land use tax, house and land tax; Maps, survey and measurement documents on land; Documents on declaration and registration of houses and land... (point b2(ii) clause 3, section II content C part V Appendix I issued together with Decree No. 151/2025/ND-CP).
Only very few cases do not have or have this document but do not clearly state the time and purpose of land use, then it is determined according to the declaration of the land user.
To ensure objectivity, this is done simultaneously in combination with determining the current status of land use. To clarify the responsibilities of organizations and individuals in carrying out administrative procedures on land, Clause 3, Article 224 of the Land Law also stipulates that the person requesting to carry out administrative procedures on land is responsible before the law for the accuracy and truthfulness of the declaration content and documents in the submitted dossier.
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