On the Government Portal, citizens asked: Mr. V.D. H's family bought a 50 m2 house on a 60 m2 land plot. Purchased and sold by handwritten paper before October 15, 1993, living stably, continuously without disputes. The origin of the land is that the cooperative allocated land to members in 1987.
When Mr. H's family bought it, the house was 1 floor, the ceiling was concreted with a mezzanine. Mr. H asked if the land his family used was recognized as residential land and eligible for a red book?
The Ministry of Agriculture and Environment answers this question as follows:
Because the reflected and proposed content is a specific case under the jurisdiction of the locality, it is necessary to base it on management records and documents guiding the implementation of land law that have been issued, so the Ministry of Agriculture and Environment does not have a basis to answer specifically. The Ministry would like to state some principles as follows:
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 who are 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.
In Section XI, Content C, Part V of Appendix No. 01 issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 02 levels, decentralization, and decentralization in the field of land, it has stipulated the issuance of Certificates of land use rights and ownership of assets attached to land for cases where land use rights have been transferred but procedures for transfer of rights have not been carried out as prescribed.
Currently, 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 has assigned the Provincial People's Committee to regulate the order and administrative procedures in the field of land.
Therefore, the Ministry of Agriculture and Environment requests him to contact the competent authority in the locality to be guided to implement according to the provisions of law.
