On the Government Portal, a citizen in Hanoi asked:
Mr. M.D requested functional agencies to answer about the issuance of a Certificate of Land Use Rights for the first time for households using land stably and long-term in residential areas, building houses from 1994, and having non-agricultural land tax invoices continuously from before 1995 to present.
Specifically, according to cadastral records, the initial origin was a common land plot of the family including 2 adjacent plots, including a residential land plot and a pond land plot.
In 2011, family members had handwritten papers dividing land use, with confirmation from the village head. The 1990 map shows residential land and pond land. The 2000 and 2002 maps and land registers show residential land but do not show the name of the land user. VLAP map and land register records show the name of the land user and the type of ODT land.
Excerpt from the 2026 cadastral map showing the type of ONT land according to the 2014 inventory book and having the name of the land user in the cadastral records. However, in 2026, the commune-level People's Committee determined that the origin of the land from 1990 was pond land/agricultural land.
Mr. D asked, is the above case eligible for consideration for issuing a Certificate of Land Use Rights for the first time under Article 137 or Article 138 of the 2024 Land Law? Is it considered for settlement if only one household needs to apply for a separate Certificate for the first time for the actual area being used?
When considering the issuance of Certificates, is the competent authority based on the type of ONT/ODT land in the current cadastral records or based on the origin of pond/agricultural land in 1990? If financial obligations arise, is it allowed for households to consider recording land use fees?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is a specific case and needs to be based on archival records and specific regulations of the locality that have been issued under its authority for consideration and resolution. Because the reflection does not state whether there are papers or not about land use rights, the Ministry does not have a basis for a specific answer. The Ministry of Agriculture and Environment states a number of principles as follows:
In case households using land stably have land use right papers, they fall under the case of issuing Certificates under Article 137 of the 2024 Land Law.
In case households use land stably without land use right papers, do not violate land law, and do not fall into the case of land being allocated without proper authority, they fall into the case of issuing Certificates under Article 138 of the 2024 Land Law.
According to the provisions of Clauses 1 and 2, Article 135 of the 2024 Land Law, Certificates of land use rights and ownership of assets attached to land are issued for each land plot to land users and owners of assets attached to land who have needs and meet the conditions according to the provisions of this Law.
For land plots with many people sharing land use rights, many people owning common assets attached to land, a Certificate of Land Use Rights, Ownership of Property attached to Land shall be issued to each person; in case people with common land use rights, common ownership of property attached to land request it, a Certificate of Land Use Rights, Ownership of Property attached to Land shall be issued together and handed over to the representative.
Determine soil type
The determination of land type when considering issuing Certificates is based on the following: In case land is being used with papers according to the provisions of Clause 1, Article 10 of the Land Law, and the land type on the papers is different from the current land use status, the land type is determined according to the provisions of Clause 3, Article 7 of Decree No. 102/2024/ND-CP.
In case there are no documents as prescribed in Clause 1, Article 10 of the Land Law, the determination of land type is based on the current status of land use to determine the type of land specified in Clause 1, Article 7 of Decree No. 102/2024/ND-CP.
Recording land use fees
According to the provisions of point a, clause 11, Article 18 of Decree No. 101/2024/ND-CP (amended and supplemented at point a, clause 3, Article 3 of Decree No. 226/2025/ND-CP), the subjects eligible for recording land use fees when issuing Certificates of land use rights and ownership of assets attached to land for the first time are individuals and households currently using land who need to record debts. Therefore, when issuing Certificates for the first time, if financial obligations arise, households are considered for recording land use fees according to the above regulations.
The Ministry of Agriculture and Environment answers to let him know, study, and contact the competent authority in the locality to be implemented according to the provisions of law.
