On the Government Portal, citizens asked: On March 7, 1997, Ms. M.P's father (HCMC) was granted a Certificate of Shared Use Rights for a residential land plot and a pond and lake land plot adjacent to each other and located in one campus.
On December 31, 2011, when the People's Committee issued a change of Land Use Right Certificate according to the project, 2 land plots were issued into 2 separate Certificates (1 Certificate is urban residential land and 1 Certificate is aquaculture land).
Ms. P asked in this case, is the aquaculture land plot granted on December 31, 2011 identified as garden land, pond attached to residential land separated before 2014 or not?
The Ministry of Agriculture and Environment answers this question as follows:
The content of her reflection is a specific case and needs to be based on archived records, specific regulations of the locality issued by thẩm to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry has a common opinion as follows:
According to the reflected content, in 1997, her family was issued 01 Certificate for 02 land plots, including: 01 land plot with residential land purpose and 01 land plot with pond land purpose and by 2011 it had been reissued into 02 Certificates.
The Ministry of Agriculture and Environment requests you to contact the commune-level People's Committee where the land is located to review and inspect the cadastral records before March 7, 1997; in case the stored cadastral records show that the area of pond land originated from garden land, pond land attached to residential land in the past and has been measured and separated into separate plots for issuance of Certificates in 1997, the land plot that has been granted Certificates for the purpose of pond land (re-granted Certificates in 2011 are aquaculture land) is identified as land originating from garden land, pond land attached to residential land and falls under the case of calculating land use fees when changing land use purpose to residential land according to the provisions of point c, clause 2, Article 10 of Resolution No. 254/2025/QH15 of the National Assembly.
The Ministry of Agriculture and Environment would like to provide information for you to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
