On the Government Information Portal, Ms. T.T reflected on the authority to issue red books for land use purposes, according to the 2024 Land Law, which is the Land Registration Office and a Branch of the Land Registration Office.
According to Decision No. 2304/QD-BNNMT, it is to record the specialized agency on agriculture and environment at the commune level and submit the Certificate to the Chairman for signing.
Ms. T asked, so which agency signed the red book?
Ms. TT further reflected that Clause 11, Section VI, Part V of Decree No. 151/2025/ND-CP stipulates that in case there are documents specified in Point a, Clause 1, Article 148, Point a, Clause 1, Article 149 of the Land Law but the current status of the property has changed compared to that document and is in the area where a construction permit must be applied for, the confirmation of eligibility for the construction works and the eligibility for the houses and construction works is the responsibility of the project owner.
Ms. T asked, so based on the accompanying declaration of the current assets of the user (other than the assets that have been certified on the red book), is the Branch of the Land Registration Office issuing the red book to certify the assets according to the current status that the user declared correct?
If the assets in this state do not meet the conditions for existence, will the issuance of red books by the Branch affect the future if the assets are transferred to different users and if the buyer mortgages the assets?
The Ministry of Agriculture and Environment responds to this issue as follows:
Point e, Clause 1, Article 133 of the 2024 Land Law has stipulated the registration of changes in the case of land use purpose change as prescribed in Clause 1, Article 121 of the 2024 Land Law.
The authority to issue Certificates of land use rights and ownership of assets attached to land in cases of registration of changes is stipulated in Clause 2, Article 136 of the 2024 Land Law.
In Section I, Part III of Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the field of land, the order and procedures for changing land use purposes must be permitted by competent state agencies.
In Decision No. 3380/QD-BNNMT dated August 25, 2025 of the Minister of Agriculture and Environment on the announcement of newly issued administrative procedures; amended and supplemented the field of land under the state management functions of the Ministry of Agriculture and Environment, the order and procedures for administrative procedures for changing land use purposes must be permitted by competent state agencies.
According to the above regulations, the issuance of a Certificate of land use rights and ownership of assets attached to land when carrying out procedures for changing land use purposes is a case of registration of changes under the authority of the Land Registration Office or a Branch of the Land Registration Office.
The Ministry of Agriculture and Environment also responded that the confirmation of construction works on land that are eligible for existence is not under the authority of the competent land management agency.
Therefore, in the case of registration of changes according to the provisions of Clause 11, Section VI, Sub-A of Appendix 01 of Decree No. 151/2025/ND-CP, the owner of the project is responsible for meeting the conditions for the existence of the house and construction works before the law.
