Reader N.V asked: Your house has 500 m2 of cultivated land, there is a extract of your father's name but there is no red book. Will you be allowed to build a household-scale farm on that land? If so, what documents do you need to make to avoid violations? Can your father get a red book?
The Ministry of Agriculture and Environment answers this question as follows:
The content of Mr. V's petition is unclear about the origin of land use, therefore, the Ministry of Agriculture and Environment does not have enough basis to guide.
At the same time, on January 31, 2026, the Government issued Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, which has stipulated the decentralization of authority to provincial-level People's Committees to decide on land allocation, land lease, permission to change land use purposes, recognition of land use rights; regulations on procedures and administrative procedures on land (in Articles 14 and 15 of Decree No. 49/2026/ND-CP).
Based on the above regulations, it is requested that you contact the local land management agency for guidance and information according to regulations.
The application of policies to consider and issue Certificates to households and individuals who are using land needs to be based on each specific case and needs to be based on land management records in the locality.
Therefore, the Ministry of Agriculture and Environment has no basis to answer specifically. The Ministry of Agriculture and Environment has opinions on the principles as follows:
Current land law has regulations on the issuance of Certificates of land use rights and ownership of other assets attached to land for households and individuals who are using land in Articles 137, 138, 139, 140 of the 2024 Land Law.
The Ministry of Agriculture and Environment requests you to study the above regulations and send recommendations to the competent authorities of the locality where the land is located for consideration and settlement according to the provisions of law.
