A household in Bac Ninh is carrying out procedures to register and issue a Certificate of Land Use Rights for a land plot in the case specified in Clause 2, Article 140 of the 2024 Land Law.
According to feedback, the issuance of a certificate for this case must have confirmation that the land plot is in accordance with the land use plan at the district or commune level, or the plan according to the law on urban and rural planning.
However, in the locality, the Provincial People's Committee has only issued a decision approving the task of planning the Nam Song Duong urban subdivision at a scale of 1/2000, which includes the area of land plots of households within the research scope.
To date, the official zoning planning project has not been approved. From this reality, people are concerned about which type of planning will be used to confirm planning conformity and whether the decision to approve the zoning planning task can be used as a basis or not.
Answering the above question, the Ministry of Agriculture and Environment said that Clause 2, Article 140 of the 2024 Land Law stipulates that land used stably from October 15, 1993 to before July 1, 2004, if certified by the commune-level People's Committee where the land is located as having no disputes, in accordance with the district-level land use plan or general plan, sub-area plan, construction plan or rural plan, it is granted a Certificate of land use rights, ownership of assets attached to land according to regulations.
According to the Ministry of Agriculture and Environment, thus, when carrying out land registration and issuing Certificates for the above cases, competent authorities must confirm conformity with one of the district-level land use plans, commune-level land use plans or one of the plans according to the law on urban and rural planning.
This agency also cited Article 2 of Resolution No. 66. 3/2025/NQ-CP on measures to organize the implementation of land use planning and plans after arranging provincial and commune-level administrative units. Accordingly, agencies or competent persons are allowed to base on district-level land use planning, district-level annual land use plans approved before July 1, 2025, or land use targets in the land allocation and zoning plan of provincial planning allocated to commune-level administrative units after arrangement, or plans established in accordance with the law on urban and rural planning to implement land management according to regulations.
From this guidance, it can be seen that in cases where no urban sub-area planning has been approved, the review of dossiers is not automatically stopped, but is still compared according to other valid planning grounds that are in effect according to regulations.
The Ministry of Agriculture and Environment requests people to contact competent authorities in their localities for guidance and specific procedures.
