A case reflecting problems when a land plot had been granted a Certificate of Land Use Rights before, but when carrying out procedures for re-issuance, it was refused because it was in the planning. People are wondering whether the planning that has existed for many years is still valid and whether red books can be re-issued.
Regarding this content, the Ministry of Agriculture and Environment said that because the information provided is not clear about the current land use purpose as well as the need to issue Certificates, there is not enough basis to answer specifically for each case.
However, the Ministry cited legal regulations as a basis for consideration. Accordingly, Article 135 of the 2024 Land Law stipulates the principles for issuing Certificates of Land Use Rights. At the same time, Clause 5, Article 116 of the 2024 Land Law clearly states the basis for land allocation, land lease and permission to change land use purposes.
The Ministry of Agriculture and Environment said that the re-issuance of red books for land entangled in planning cannot be applied in a common way but needs to consider each specific case.
Factors such as the current land use purpose, land type, planning status and cadastral records will be the basis for competent authorities to consider re-issuing Certificates.
Due to the complexity and dependence on specific dossiers, the Ministry of Agriculture and Environment requests people to contact local land management agencies for inspection and guidance according to their authority.
According to legal regulations, the re-issuance of red books must ensure compliance with the principles of issuing Certificates and land use bases according to the Land Law, not only based on the current status but also depending on planning and related documents.
