Responding to the issuance of red books for encroached pond land before 2014, having built houses and used it stably

Huy Hùng |

Citizens asked about the granting of red books for encroached land before 2014 that has been used stably.

Citizens sent questions to the Ministry of Agriculture and Environment asking about the procedures for granting the first certificate for encroached pond land, stable housing, no disputes, in accordance with residential land planning and have built a level 4 house from 2000 to 2021 with renovation into 3 level 4 compartments for living and living.

The family has gone to the commune many times to request procedures for the issuance of first certificates, but the commune has always replied that the cooperative's origin could not make a certificate.

Citizens believe that according to Article 139 of the 2024 Land Law, encroached land before 2014 is in accordance with the stable and uncontested housing planning and will be granted a certificate, hoping that the Ministry will guide the procedures for the family to be able to make a certificate of land use rights.

Regarding this content, the Ministry of Agriculture and Environment has the following opinion:

The granting of Certificates of land use rights and ownership of assets attached to land for households and individuals using land that violated land law before July 1, 2014 has been stipulated in Article 139 of the Land Law, which stipulates cases of land use due to encroachment.

The procedures for granting the first Certificate of Land Use Rights and Property Ownership Rights attached to land are specified in Section V, Part C, Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.

The authority to issue the first Certificate of land use rights and ownership of assets attached to land to households and individuals is the People's Committee at the commune level.

The Ministry recommends that citizens study the above regulations and contact the People's Committee of the commune for resolution. In case the procedures for the Commune People's Committee to issue the certificate have been completed, there must be a written response, if the citizen does not agree, he/she can complain about administrative acts according to the Law on Complaints.

Huy Hùng
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