Citizens send questions to the Ministry of Agriculture and Environment with the content:
My parents reclaimed and directly used a piece of agricultural land (land for perennial crops) from before 1975 to now. On July 20, 2006, the Commune People's Committee conducted a field survey, made a record to determine the boundaries and landmarks of the land plot according to the current status of use; the record had the signatures of land administration officials, surveying officials, Chairman of the Commune People's Committee and adjacent households. Since then, the land plot has not generated disputes.
In December 2025, my parents leveled and planted some trees on the land plot. After that, the village leaders made a record, requesting to maintain the status quo and recover it for common use.
Respectfully request Your Ministry to answer:
Can my parents continue to use the above-mentioned land plot? What is the legal validity of the minutes determining the boundaries and landmarks of the land plot dated July 20, 2006, while households in the village have not been granted Certificates? Is the village's request to maintain the status quo and recover land in accordance with its authority?
Answering this content, the Ministry of Agriculture and Environment said:
The Ministry does not have a specific file of the case, so there is no basis for a specific answer. The Ministry states the following principles:
- The act of citizens' parents leveling land to plant some green trees on that land plot (previously this land plot was a perennial crop land) does not change the land use purpose, so it is not considered a violation of land law.
- Minutes of determining boundaries and landmarks according to citizens' reflections are valid in the management and use of land by citizens' families and state management of land in localities.
- Regarding the authority to recover land: according to the provisions of land law, the Village Head does not have authority in state management of land (including the authority to recover land and request to maintain the status quo).
It is requested that citizens refer to the above-mentioned land law regulations and contact the commune-level People's Committee where the land is located for specific guidance.
