A household in Bac Ninh reflected that they are using a land plot in the case specified in point d, clause 1, Article 137 of the 2024 Land Law and want to carry out procedures to apply for a Certificate of Land Use Rights.
However, the commune-level People's Committee refused to receive it on the grounds that the land plot was not in accordance with the land use plan, although other conditions as reflected had been met.
According to the reflected content, people checked again and found that the land plot was in accordance with the land use plan as rural residential land. However, the land plot is not in accordance with the construction plan until 2030, in which about half of the area is shown to be traffic roads. Currently, this land plot has not been decided to be recovered by a competent authority and is not yet included in the annual land use plan.
Answering the above question, the Ministry of Agriculture and Environment said that this is a specific case, under the jurisdiction of the locality to resolve. The consideration needs to be based on archival records and specific regulations issued by the locality to implement the Land Law, so the Ministry does not have a basis to answer directly for each individual case.
Although not concluding on behalf of the locality, the Ministry of Agriculture and Environment clearly stated that current law has regulations on the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals who are using land in Articles 137, 138, 139 and 140 of the Land Law.
This agency also cited the regulations in Decree 101/2024/ND-CP dated July 29, 2024 and Decree 151/2025/ND-CP dated June 12, 2025 on dossier composition, order, and implementation procedures. In addition, the Minister of Agriculture and Environment issued Decision 2304/QD-BNNMT dated June 23, 2024 and Decision 3380/QD-BNNMT dated August 25, 2025 to announce administrative procedures in the field of land, which specifically state the implementation steps, dossiers, settlement time, handling agency, fees and conditions of application.
In addition, the Ministry of Agriculture and Environment said that Clause 1, Article 15 of Decree 49/2026/ND-CP dated January 31, 2026 stipulates that the Provincial People's Committee must issue procedures and administrative procedures on land to implement the cases mentioned in Article 14 of this decree no later than July 1, 2026.
During the period before promulgation, the Provincial People's Committee is allowed to decide to apply procedures according to previous regulations or decide procedures for each specific case.
From the above guidance, people with land plots that are not suitable for some planning does not automatically mean that their right to apply for a Certificate is rejected, but how to resolve it must still be considered by the competent authority in the locality based on the dossier and regulations being applied. The Ministry of Agriculture and Environment requests people to contact the competent authority in the locality for consideration and resolution in accordance with the law.
