On the Government Portal, citizen N.M wondered:
Mr. N.M's family has stably used 1,546 m2 of land from before 1979 to now, divided into 3 plots (900 m2 of houses have been built, the rest are gardens and yards).
The land plot is not disputed, currently on the cadastral map, the land use purpose symbol is rural residential land, the name of the user is Mr. Minh's father (died in 2020). The land plot was previously left by his father/grandfather.
Currently, Mr. M's family wishes to be granted a Certificate of Land Use Rights for the land plot to serve as a basis for dividing inheritance for their children. But when the family went to prepare the dossier, the Economic Department of the commune announced that, according to the land register and the 1984 map, the land plots Mr. M's family requested belong to the land plots, the land register shows that they are public land, and the land user is a cooperative (the land register does not show the maker and verification of the competent authority at that time).
Mr. M asked, can his family petition the commune-level agency to correct the origin from cooperative land to land left by his father/grandparents for stable use? And are they eligible to be granted a Certificate of Land Use Rights for the first time? What documents and papers do the family need to prepare to carry out procedures to apply for a Certificate of Land Use Rights for the land plot? Is his family's land use subject to administrative penalties? If so, what regulations apply?
In case you are not penalized for using land before October 15, 1993, does the dossier for applying for a Certificate of Land Use Rights need to submit a document on handling violations, an administrative penalty record or any other documents related to handling violations? What specific legal documents can you base on? Is it possible for your family to divide inheritance among 6 people and separate the book for each person according to each person's limit, or is it only issued to 1 representative and then separated for each person?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is that the specific case is under the jurisdiction of the locality and based on the archived records, specific regulations that the locality has issued according to its authority to enforce the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer. The Ministry states a number of 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.
Point e, Clause 3, Article 11 of Resolution 254/2025/QH15 stipulates: "e) In case the land is allocated for management as prescribed in Article 7 of the Land Law and falls under the provisions of Article 139 of the Land Law, it shall be considered and issued a Certificate of land use rights, ownership of assets attached to land as prescribed in Article 139 of the Land Law".
According to the provisions of point a, clause 2, Article 8 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulating basic land investigation; registration and issuance of Certificates of land use rights, ownership of assets attached to land and land information systems, cadastral maps and extracted cadastral maps approved by competent authorities must be put into use for the purposes specified in clause 2, Article 3 of this Decree to replace previously prepared cadastral maps and extracted cadastral maps. Previously prepared cadastral maps and extracted cadastral maps are valid when resolving contents specified in point c, clause 2, Article 3 of this Decree.
Regarding violations of land law: In case the family's land use is encroachment and land occupation, administrative violations in the field of land must be sanctioned according to the provisions of Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government and are still taking place, and the statute of limitations for administrative violations is still valid.
Thus, when a competent person detects a violation, they must make an administrative violation record in accordance with the content, form, and procedures as prescribed and on that basis issue a decision to sanction administrative violations in the field of land. The Ministry of Agriculture and Environment informed him to know and study implementation.
