Citizens send questions to the Ministry of Agriculture and Environment with the content:
My parents were allocated agricultural land by the Cooperative from 2001 according to the family's tax book. The family has used these two land plots stably to build a house, in which one plot was built in 2013 (before July 1, 2014), and the other plot was built in 2020.
In my understanding, this is a case of land allocated by a cooperative, not land allocated by the State, and both plots are currently in accordance with residential land planning.
In my family's case, when issuing a Certificate of Land Use Rights, what regulations of the Land Law will be applied?
If Article 139 is applied, I think it is not appropriate because Clause 3 of this Article stipulates for cases where the State allocates land not within its authority. Meanwhile, family land is allocated by cooperatives.
If Clause 3, Article 138 is applied to issue Certificates, will the family be administratively sanctioned, forced to return illegal profits or forced to dismantle the works and restore the status quo due to using land for improper purposes?
Does building houses on agricultural land at different times (2013 and 2020) affect the issuance of Land Use Right Certificates? If so, what is the impact and based on which regulations?
The Ministry of Agriculture and Environment has the following opinions:
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 currently using land in Articles 137, 138, 139 and 140 of the Land Law. The Government has fully regulated the components of dossiers submitted, order, and procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 and Decree No. 151/2025/ND-CP dated June 12, 2025.
Currently, in Clause 1, Article 15 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, it has assigned the Provincial People's Committee to regulate the order and administrative procedures on land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations; in which clearly stipulating the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, maximum time to implement the order and procedures, components of dossiers to be submitted, including documents proving subjects eligible for exemption or reduction of financial obligations (if any), and forms for carrying out procedures that must specify information to determine financial obligations on land.
The Ministry of Agriculture and Environment informs you to know, study and contact competent authorities to implement according to regulations.
