On the e-Portal of the Ministry of Agriculture and Environment, citizens asked: The citizen's father, Mr. K.H.N, has 132 m2 of land, originating from pond and garden land, and has not been granted a Certificate of Land Use Rights (red book). The family has arbitrarily poured soil, leveled, built a level 4 house with a corrugated iron roof of about 100 m2, auxiliary works and paved the entire area with concrete.
The family has 4 people living stably on the land plot from before 2010 to now, without disputes and with tax obligations. The family has repeatedly requested to be granted a red book and change the land use purpose, but was told that it is necessary to dismantle the works and restore the original state to be granted a red book for pond and garden land, and then consider converting it to urban residential land.
Now the citizen's family asks:
Is it mandatory to dismantle houses and works and restore the original state before considering issuing a red book? What should families do if they want to move to urban land?
The Ministry of Agriculture and Environment has the following opinions:
Due to the question of the citizen asking about specific cases and not clearly stating the type of land before the violation (according to the land classification specified in Article 9 of the 2024 Land Law) and whether the land plot has land use right documents or has the origin of being allocated land or leased land by the State or not? What time was the time of the violation?, the Ministry of Agriculture and Environment has no basis to answer.
However, in principle, it is necessary to clearly identify the type of land before committing the act of arbitrarily changing the land use purpose and the type of land after changing the purpose, the time of the violation or the time when the competent state agency discovered the act as a basis for determining the violation, the level of administrative sanctions as well as remedial measures.
For cases under Clause 3, Article 139 of the 2024 Land Law, it is not mandatory to restore the original state of the land before the violation and the State shall consider issuing Certificates of land use rights and ownership of assets attached to the land.
It is requested that citizens contact the commune-level People's Committee where the land is located to be guided and carry out procedures according to the provisions of law.
