Citizens send questions to the Ministry of Agriculture and Environment questioning: Houses subject to purchase according to Decree 61. In 1992, the family was rented a house by Housing Development Company No. 3, including a level 4 house (40m2) and an adjacent yard (60m2). Up to now, the family has bought a 40m2 house and been granted a land use right certificate. The 60m2 yard is also shown in the appendix of the 1992 rental contract, the family has built a block and used it stably since then, and has paid full tax for the entire 100m2 (with receipts).
Now the citizen wants to be granted a red book to supplement the remaining 60m2 yard area. However, when completing the procedures, the agencies continuously forwarded the documents up to 30 times. Citizens hope that the Ministry of Agriculture and Environment will answer.
Regarding this issue, the Ministry of Agriculture and Environment said that according to the reflection, the citizen's family had bought a price of 40m2 of a level 4 house and had been granted a Certificate of 40m2. Now the family wants to buy additional and issue a Certificate for the adjacent yard area of 60m2 that has been used stably since 1992, built a block of houses with an actual area of 100m2, used stably and paid taxes annually with a tax payment receipt of 100m2.
The Land Law does not stipulate the purchase of additional land adjacent to the area of a citizen's family that has been granted a Certificate. In case the citizen's family has used 60m2 of adjacent land since 1992, it is the case of using an additional land area compared to the issued Certificate.
Pursuant to the provisions of Clause 31, Article 3 of the 2024 Land Law: 31. Land encroachment is the act of a land user moving the boundary or boundary of a land plot to expand the land use area without permission from a competent state agency or without permission from the legal user of the encroached land area, then the above land use is a case of land encroachment. The settlement of granting Certificates for the additional land area is carried out in accordance with the provisions of Point c, Point d, Clause 2, Article 24 of Decree 101/2024/ND-CP. Accordingly, the order and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land for the entire area of land in use are implemented according to the provisions of Section VI, Part C, Appendix I issued with Decree No. 151/2025/ND-CP.
According to Point d, Clause 1, Article 133 of the Land Law, "d) Changes in boundaries, boundary markers, size of edges, areas... of a land plot" is subject to registration of changes. According to the provisions of Point b, Clause 2, Article 136 of the Land Law, the Land Registration Office or a branch of the Land Registration Office shall issue a Certificate in case of land change registration to households and individuals.
According to the provisions of Point a, Clause 4, Section I, Part A, Appendix I issued with Decree No. 151/2025/ND-CP, in case of land change registration, individuals are allowed to submit documents to the One-stop Department according to the regulations of the Provincial People's Committee on receiving documents and returning results of administrative procedures at the provincial, commune levels or the Land Registration Office or Branch of the Land Registration Office.
According to the provisions of Point b, Clause 3, Section VI, Part V of Appendix I issued with Decree No. 151/2025/ND-CP, the Land Registration Office shall send the dossier to the People's Committee of the commune where the land is located to organize the implementation of the tasks specified in Point b and Point d, Section 3, Part II of "Part C. Procedures for land registration and assets attached to land" for the increased land area and transfer the dossier in writing to the Land Registration Office to carry out the work at Point b, c and d, Section 3 of Part VI (The Land Registration Office or the branch of the Land Registration Office is the agency issuing the Certificate).
The Ministry of Agriculture and Environment provides information prescribed by law on the place of application, the agency handling administrative procedures, and the competent authority issuing the Certificate in the case of a citizen. Citizens are requested to study the Decision on promulgating administrative procedures in the field of land of Hanoi city (for procedures for granting Certificates for additional land areas) for implementation.
