Citizens send questions to the Ministry of Agriculture and Environment with the content:
My name is N.D. C, the legal user of the land plot with an area of 1,873.1 m2, ONT type of land.
This land plot originated from someone else using it before 1980 (without papers) and has built a level IV house on the land (about 30 m2) made of stone to live stably. In 1991, I bought back the entire land plot, including the level IV house on the land, from the old owner. In 1993, I did not continue to live here but moved back to live on the land of my parents in the same commune.
The cadastral records show the name of the land user as I, N.D. C and the type of land as ONT. In 2020, I built an additional level IV house on the land (40 m2) to use as a warehouse for agricultural tools. In 2025, due to the impact of storm No. 5, the level IV house built of stone was previously damaged and still has a fence.
Now I am applying for a Certificate of Land Use Rights for the first time for residential land purposes, the Commune People's Committee replied that because my land plot is not used stably and continuously for residential land purposes but only for growing perennial crops, it is not granted a Certificate for residential land purposes, but only granted a Certificate of Land Use Rights for the first time for the purpose of growing perennial crops (CLN).
I believe that the explanation and handling of the Commune People's Committee is not in accordance with legal regulations, seriously affecting the legitimate rights and interests of land users.
I respectfully request the Department of Land Administration to consider, answer and provide specific guidance for my case so that my family has a basis to complete the dossier for issuing a Certificate of Land Use Rights for the first time for residential land purposes according to the residential land recognition limit of the locality (300 m2 of residential land).
The Ministry of Agriculture and Environment has the following opinions:
Articles 137, 138, 139 and 140 of the 2024 Land Law have specifically stipulated the issuance of Certificates of land use rights, ownership of houses and other assets attached to land for specific cases.
In case the land plot is used stably by Mr./Ms. without papers on land use rights but does not violate land law, and does not fall into the case of land allocated not in accordance with authority, it will be considered and issued a Certificate of land use rights, ownership of houses and other assets attached to land according to the provisions of Article 138 of the Land Law. Accordingly, for land plots with houses, houses and works serving life, it will be considered for recognition of residential land area according to regulations.
The stable use of land has been specifically regulated in Clause 38, Article 3 of the 2024 Land Law.
Based on the reflected content of you, the Ministry of Agriculture and Environment provides some information related to regulations on the issuance of Certificates of land use rights, ownership of houses and other assets attached to land for you to study and contact competent authorities in the locality for consideration and resolution.
