Citizens send questions to the Ministry of Agriculture and Environment with the content:
In November 2024, my father submitted a dossier requesting the first-time Certificate of Land Use Rights for cases of land allocated ultra vires under Clause 3, Article 140 of the 2024 Land Law.
The dossier has been certified by the Department of Agriculture and Environment of Soc Son district (old) as meeting the conditions for issuing a Certificate according to point e, clause 4, Article 31 of Decree 101/2024/ND-CP and transferred the Financial Obligation Information Transfer Slip to the tax authority before July 1, 2025. On that basis, the tax authority issued a Notice on land use fee payment.
On August 11, 2025, my family paid according to the notice. However, because he did not agree with the amount to be paid, my father complained. After that, the tax authority canceled the old notice and requested Noi Bai Commune People's Committee (the agency receiving authority after the district level terminated operations from July 1, 2025) to supplement the dossier to issue a new notice.
However, instead of providing information to the tax authorities, Noi Bai Commune People's Committee reviewed the entire dossier that had been processed by the Department of Agriculture and Environment of Soc Son district (old), in which it re-evaluated the planning conformity and cited the Capital Law of 2024 for application.
Is the review by Noi Bai Commune People's Committee of dossiers that have been completed by specialized district-level agencies according to the provisions of point e, clause 4, Article 31 and Article 33 of Decree 101/2024/ND-CP before July 1, 2025 consistent with the provisions of point b, clause 1, Article 23 of Decree 151/2025/ND-CP (now point b, clause 1, Article 23 of Consolidated Document No. 41/VBHN-BNNMT dated April 2, 2026) or not?
Is it in accordance with regulations that Noi Bai Commune People's Committee applies the 2024 Capital Law to consider dossiers for the first-time Certificate of Land Use Rights for this case?
The Ministry of Agriculture and Environment has the following opinions:
Current land law has specifically stipulated the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals currently using land in Articles 137, 138, 139 and 140 of the Land Law. The Government has fully regulated the components of dossiers submitted, order, and procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 and Decree No. 151/2025/ND-CP dated June 12, 2025.
Currently, in Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government 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, it has assigned the Provincial People's Committee to regulate the order and administrative procedures on land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations; in which clearly stipulating the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, maximum time to implement the order and procedures, components of dossiers to be submitted, including documents proving subjects eligible for exemption or reduction of financial obligations (if any), and forms for carrying out procedures that must specify information to determine financial obligations on land.
Based on the above regulations, the components of dossiers submitted and the order and procedures for carrying out administrative procedures on land are regulated by the Provincial People's Committee. Therefore, the Ministry of Agriculture and Environment requests you to send reflections and recommendations to the Department of Agriculture and Environment where the land is located to be guided on carrying out administrative procedures according to regulations.
