On the Government Portal, citizens asked: Mr. T.A.T's mother (Hanoi) has 1,175 m2 of land granted Certificates in 1997, including 625 m2 of residential land, long-term use and 550 m2 of pond land, long-term use.
Now Mr. T's family is carrying out inheritance procedures because his mother has passed away, the Commune People's Committee only recognizes 625 m2 of residential land, the remaining area is converted to perennial crop land and aquaculture land, with a determined term of use.
Mr. T asked, is it correct that the Commune People's Committee determined that the area of pond land with a long-term term of use in the residential land plot (which was recorded in the Certificate of Land Use Rights issued in 1997) is land for perennial crops and aquaculture land with a term of use?
Does your family have the right to request the Commune People's Committee to recognize the pond land area within the residential land area as residential land or not?
Is it possible for families to carry out procedures to adjust land information at the same time as carrying out procedures to register land changes (procedures to change information about land users due to inheritance) or not?
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 archived records and specific regulations of the locality issued by thẩm to consider and resolve. Therefore, the Ministry states a number of principles as follows:
According to Article 20 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, in case the Certificate of land use rights issued to households and individuals before August 1, 2024 states that the term of agricultural land use is long-term or does not show the land use term, when registering land changes, the land use term is re-determined as 50 years from the date the competent authority confirms the change on the Certificate issued or issues a new Certificate of land use rights and ownership of assets attached to land.
Currently, according to the provisions of Article 14, Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to decide on authority and regulations on dossiers, order, and administrative procedures on land, including the order and procedures for registering changes in land.
Therefore, the Ministry of Agriculture and Environment answers to let him know, study, and contact competent authorities in the locality to be implemented according to the provisions of law.
