Citizens send questions to the Ministry of Agriculture and Environment asking:
In 2002, the citizen bought a piece of land from Mr. Sau in the village. On the land is a level 4 house with an area of about 30m2. According to information, this plot of land was cleared by Mr. Sau and used since 1987 to grow annual crops; in 1998, it was converted to fruit trees and built a level 4 house. At the time of purchase, the land plot had not been granted a Certificate.
In 2015, when the locality implemented surveying, land use maps and issued Land Use Rights Certificates to the people, citizens said they were also granted a Certificate but only recorded the purpose of use as land for perennial crops.
Currently, the citizen requested the People's Committee of the commune to consider revoking the Certificate issued in 2015 (due to not accurately reflecting the current status of land use at the time of issuance) and reissuing the Certificate for the purpose of use as residential land. We hope the Ministry will have specific instructions.
Responding to this content, the Ministry of Agriculture and Environment said:
The application of policies to review and revoke Certificates issued to households and individuals using land is based on each case and specific dossier, therefore, the Ministry of Agriculture and Environment has the following general opinion:
According to the reflection, Mr./mother was granted a Land Use Rights Certificate in 2015 and said that the issuance of this Certificate was not in accordance with the land use purpose at the time of issuance of the Certificate.
- Point d, Clause 3, Article 152 of the Land Law stipulates: d) In case the land user or owner of property attached to the land discovers that the issued certificate is not in accordance with the provisions of the law on land, he/she shall send a written petition to the competent authority issuing the Certificate of land use rights and ownership of property attached to the land. The competent authority issuing the Certificate of land use rights and ownership of assets attached to land is responsible for checking, reviewing, and deciding to revoke the issued certificate that is not in accordance with the provisions of the law on land".
- Clause 7, Article 152 of the Land Law stipulates: 7. The competent authority issuing the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law shall issue the certificate in accordance with the provisions of law after revoking the issued certificate".
- The procedures for revoking and canceling the issued Certificate and granting the Certificate of land use rights and ownership of assets attached to land after revoking the issued Certificate shall comply with the provisions of Section XV, Part C, Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.
The Ministry of Agriculture and Environment would like to inform Mr./mother so that he/she can know and contact the competent authority in the locality for consideration and resolution in accordance with the provisions of law.
