On the Government Electronic Information Portal, citizens asked: Ms. P.Q's family (Hanoi) has used land and houses since 1995, bought and sold with handwritten papers, paid non-agricultural land tax from 2012 to now, stable residential land without disputes.
The current status of the land plot according to the H2-3 urban subdivision plan, scale 1/2000 approved by the City People's Committee according to Decision No. 6665/QD-UBND dated December 3, 2015 is oriented as traffic land and existing housing group land.
The content of the planning lookup is as follows: Total area 41.84 m2, general urban residential land planning 41.84 m2, sub-area planning 35.28 m2 residential land; 6.56 m2 traffic land, construction planning 36.5 m2 residential land; 5.1 m2 traffic land.
Currently, there is no land recovery decision, no land recovery notice, no site clearance project and no land use plan to recover land plots.
Ms. Q asked, according to the 2024 Land Law, is she eligible to apply for a Certificate of Land Use Rights for the first time? Is she allowed to apply for recognition of the entire land area according to the general plan as urban residential land, or is she only allowed to apply for the remaining residential land after deducting the traffic road planning boundary?
If both Ms. Q's parents are awarded the Resistance Medal, what is the percentage of land use fee exemption (added for both people) calculated?
The Department of Land Administration, Ministry of Agriculture and Environment answers this question as follows:
Current land law has specific regulations on 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.
According to the provisions of current land law, in cases where land use right certificates and ownership of assets attached to land are not issued under Clause 1, Article 151 of the 2024 Land Law, there are no cases where there has been a notice of land recovery and a Certificate of land use rights and ownership of assets attached to land is not issued.
Point d, Clause 1, Article 151 of the 2024 Land Law stipulates cases of not issuing Certificates of land use rights and ownership of assets attached to land, including land that has been recovered by a competent state agency, except in cases where it has been more than 03 years since the time of the land recovery decision but has not been implemented.
The expression of the area within the traffic planning boundary according to the provisions of Appendix No. 03 of Circular No. 10/2024/TT-BTNMT dated July 31, 2024 of the Minister of Natural Resources and Environment (now the Ministry of Agriculture and Environment) stipulating cadastral records, Certificates of land use rights, ownership of assets attached to land.
Basis for implementing land use fee exemption and reduction for people with meritorious services
Clause 4, Article 49 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates the determination of cases of exemption from land use fees, exemption from land rent to carry out land allocation, land lease shall be implemented according to the provisions of law on land use fees, land rent.
Specifically, Clause 9, Article 17 of Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government stipulating land use fees and land rent (amended and supplemented at point d, Clause 5, Article 1 of Decree 291/2025/ND-CP dated November 6, 2025) stipulates: The exemption and reduction of land use fees to implement housing and residential land policies for people with meritorious services to the revolution is implemented according to the provisions of the law on people with meritorious services and is only implemented when there is a decision from a competent state agency on allowing exemption and reduction of land use fees according to the law on people with meritorious services.
Because the content she mentioned is a specific case and there are no accompanying dossiers and documents, the Department of Land Administration has no basis for a specific answer. It is requested that she study the above regulations and contact the competent authority in the locality for specific guidance.
