Mr. N.H in Dak Lak reflected that on May 28, 1990, his family was granted a red book of 1,064 m2 of land by the old district People's Committee, purpose of use: residential land, origin of use: granted in 1976,
Mr. H asked, based on Decision No. 237/QD-LB dated August 3, 1989 of the General Department of Land Management and the General Department of Statistics (old), what type of land is the residential area at the time of being granted a red book, is it urban land or not?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is a specific case 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 sets out some principles as follows:
Decision No. 237/QD-LB dated August 3, 1989 of the General Department of Land Management and the General Department of Statistics (old) on the issuance of land area statistics.
In Section VII, Section C, Part V of Appendix 01 issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government, the procedures for issuing and exchanging issued red books are stipulated. Accordingly, point d stipulates:
"The purpose of land use stated on the issued Certificate is different from the purpose of land use according to the land classification prescribed in Article 9 of the Land Law and the provisions of the Government's Decree detailing the implementation of a number of articles of the Land Law".
Therefore, in case the issued Certificate shows a different purpose of land use than the current land law, the land user shall carry out the procedures for issuing and renewing the issued Certificate according to regulations.
