On the Government Portal, citizen T.B. Y (Quang Ninh) wondered:
I submitted a dossier requesting the issuance of a Certificate of Land Use Rights (red book) for the first time at the Commune People's Committee. Through checking the dossier and reality, it was found that the land area used by her family belongs to the land area allocated by the Provincial People's Committee to the forestry farm according to the decision dated April 24, 1997. On that basis, from 1997, the forestry farm contracted to my family to use with an area of about 1.1 ha, in which the contracting dossier identified the basic construction land area of about 500 m2.
The household has built houses and auxiliary works, living stably and continuously from 1997 to present, without disputes, without being handled for violations and without any other residential land in the area. However, according to the current land management records, the above-mentioned land area is still within the land boundary assigned by the State to the forestry company for management according to the decision dated May 8, 2015 of the Provincial People's Committee.
However, considering the nature and process of land use, the Ward People's Committee found that this case has all the factors to be considered according to Clause 2, Article 137 of the 2024 Land Law, specifically: Land originating from agricultural and forestry farms allocated before July 1, 2004; in the contract allocation dossier, the area of basic construction land is identified, showing the residential land factor formed from the beginning; the process of land use of households is continuous, stable, public, without disputes and without violations of land law.
At the same time, through the inspection conclusions for forestry companies, it is also shown that there is a real existence of overlapping area between land managed by enterprises and land used by households, this is a practical factor that needs to be considered to definitively resolve historical shortcomings in land management.
On that basis, it is possible that considering issuing a Certificate of Land Use Rights to Ms. Yen's family in the direction of applying Clause 2, Article 137 of the 2024 Land Law has a legal basis and is suitable for practice, contributing to ensuring the legitimate and lawful rights of the people, and at the same time is consistent with the policy of handling historical issues of land originating from agricultural and forestry farms.
I asked, so is my family's case under Clause 2, Article 137 of the Land Law or not? If it is, how to implement it?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 2, Article 137 of the 2024 Land Law stipulates:
2. Households and individuals currently using land with papers from state-owned agricultural and forestry farms on land allocation for housing or housing combined with agricultural and forestry production before July 1, 2004 are granted Certificates of land use rights, ownership of assets attached to land and are not required to pay land use fees.
Point b, Clause 2, Article 181 of the 2024 Land Law stipulates land managed and used by agricultural and forestry companies as follows: "b) Recognizing land use rights for people who are using land and have papers from state-owned agricultural and forestry farms on land allocation for housing or housing combined with agricultural and forestry production before July 1, 2004 shall be granted a Certificate of land use rights, ownership of assets attached to land as prescribed in Clause 2, Article 137 of this Law;...".
Article 26 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government (supplemented according to the provisions of Clause 4, Article 3 of Decree No. 226/2025/ND-CP dated August 15, 2025) stipulates the issuance of Certificates of land use rights, ownership of assets attached to land for households and individuals currently using land originating from agricultural and forestry farms based on the land use plan approved by competent authorities.
Based on the above regulations, in case households and individuals are using land with papers from state-owned agricultural and forestry farms on land allocation for housing or housing combined with agricultural and forestry production before July 1, 2004, they are eligible for a Certificate according to the provisions of Clause 2, Article 137, Point b, Clause 2, Article 181 of the 2024 Land Law and Article 26 of Decree No. 101/2024/ND-CP.
The Ministry of Agriculture and Environment informs her to know, study, and contact the competent authorities in the locality for guidance on resolving according to the provisions of law.
