On the e-Portal of the Ministry of Agriculture and Environment, citizens said that there is land plot No. 100, map sheet No. 32, Tinh Tra commune (before merger) now Ba Gia commune, area 186.6 m2, used for ONT land purposes, land originating from the People's Committee of Tinh Tra commune assigned to build houses from 2008 to present, used stably and continuously.
Citizens said that they submitted applications for land use right certificates many times, but the dossier was not processed, and when the 2024 Land Law was passed, it was only processed because it was entangled in legal regulations.
Citizens want to be guided on how to apply this clause correctly?
The Ministry of Agriculture and Environment has the following opinions:
According to citizens' reflections, land plot No. 100, map sheet No. 32 in Tinh Tra commune (now Ba Gia commune) originated from the People's Committee of the commune assigned to build houses from 2008 and has been used stably and continuously by the family. This case falls under the provisions of Clause 3, Article 140 of the 2024 Land Law on households and individuals using land assigned not in accordance with authority and is considered for issuance of a Certificate of Land Use Rights if they meet the conditions prescribed by law.
Clause 7, Article 140 of the 2024 Land Law assigns the Government to detail this Article. Currently, the Government has issued Decree No. 101/2024/ND-CP and Decree No. 151/2025/ND-CP, which specifically regulate land registration dossiers, first-time Certificate issuance and procedures for implementation. From July 1, 2026, according to Article 15 of Decree No. 49/2026/ND-CP, dossiers and procedures for carrying out land registration procedures are issued by the Provincial People's Committee.
Thus, current legal regulations are sufficient for localities to consider and resolve the issuance of Certificates for land plots of citizens according to Clause 3, Article 140 of the 2024 Land Law.
The above is the opinion of the Ministry of Agriculture and Environment for Citizens to study and implement according to the provisions of law.
