A case reflecting problems related to the first-time issuance of Land Use Right Certificates for land plots that have been used stably for many years.
According to the reflection, the land plot was allocated by the commune-level People's Committee in 1994, the current status is rural residential land, and has been confirmed by the locality as having no disputes and being in accordance with the district-level land use plan.
However, problems arose due to inconsistent planning information. Specifically, according to the detailed construction plan at a scale of 1/500 of the new residential area issued by the District People's Committee in 2022, the location of the land plot is identified as land for social housing construction.
Meanwhile, according to the land use plan to 2030 issued by the provincial-level People's Committee in 2024, this location is identified as rural residential land. From that reality, people are wondering whether the land plot is eligible for the first red book or not and which planning will be based for consideration.
Regarding this content, the Ministry of Agriculture and Environment said that the registration and issuance of Certificates of land use rights and ownership of assets attached to land for the first time for households and individuals is under the jurisdiction of the locality.
The consideration must be based on archival records as well as specific regulations issued by localities to implement the Land Law, so the Ministry does not have a basis to answer in detail for each specific case.
However, the Ministry of Agriculture and Environment also set out general principles for people to refer to. According to the reflected content, the land plot was allocated by the commune-level People's Committee from 1994, so it falls under the case of using land allocated not in accordance with authority.
In this case, Clause 2, Article 140 of the 2024 Land Law stipulates: Land that has been 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 dispute and in accordance with the district-level land use plan or general plan or sub-area plan or construction plan or rural plan, a Certificate shall be issued according to the provisions of Clauses 3 and 6, Article 138 of the 2024 Land Law.
From this regulation, it can be seen that considering the issuance of red books in cases where planning is not synchronized is not simply based on a separate planning information, but must also be placed in the context of land use origin, land use time and confirmation from local authorities in accordance with legal regulations.
The Ministry of Agriculture and Environment requests people to contact the local land management agency, under the commune-level People's Committee, for guidance and resolution in accordance with regulations.
