A resident in Ninh Binh sent a complaint about receiving the transfer of a land plot with a house built from about 2002-2003, a large area but according to the current plan it is still a land for perennial crops. This person wondered whether the case of building a house on such land would be granted a Certificate of Land Use Rights (red book) or not.
Regarding this content, the Ministry of Agriculture and Environment said that current land law has specifically stipulated the issuance of initial Certificates to households and individuals using land in the provisions of the 2024 Land Law.
According to regulations, the determination of land type when considering issuing Certificates must be based on the current status of use and land management records according to the provisions of law.
Notably, the order and procedures for registration and issuance of Certificates are under the authority of the Provincial People's Committee according to Decree No. 49/2026/ND-CP. Therefore, whether or not a red book is issued in each specific case will be considered and resolved by the competent authority in the locality.
Thus, in the case of perennial crop land where houses have been built, the law does not have general regulations applicable to all cases. The issuance of Certificates needs to be based on specific dossiers, land use origin, current status of use and local regulations.
The Ministry of Agriculture and Environment recommends that people should contact the land management agency where the land is located directly for detailed guidance, avoiding misunderstanding or misimplementing regulations when carrying out procedures for issuing red books.
