Citizens send questions to the Ministry of Agriculture and Environment asking:
I have 2 agricultural land plots that have been granted Land Use Right Certificates in 1997, with a total area of 800 m2 (plot 1: 500 m2, plot 2: 300 m2). In 2000, implementing the land consolidation and exchange plan according to the State's policy, plot 1 was consolidated and exchanged to plot 2, forming a new land plot with an area of 800 m2.
Currently, I have submitted a dossier requesting a Certificate of Land Use Rights for the land plot after land consolidation and exchange, but the Commune People's Committee and the Land Registration Office have refused to accept it on the grounds that it is not under my authority.
I would like to ask: According to Clause 12, Article 4 of Decree No. 226/2025/ND-CP (amended and supplemented by Article 77), is the agency with land management function submitting to the agency or person with authority to sign and issue a Certificate in case of issuing a Certificate for land consolidated and exchanged according to the approved plan, whether it is a Commune-level People's Committee/Chairman of the Commune-level People's Committee or a Provincial-level People's Committee (Department of Agriculture and Environment, Land Registration Office)/the heads of these agencies?
Answering this content, the Ministry of Agriculture and Environment said:
Clause 1, Article 192 of the 2024 Land Law stipulates:
1. Focusing on agricultural land is increasing the area of agricultural land to organize production through the following methods:
a) Converting agricultural land use rights according to the land consolidation and exchange plan..."
Clause 4, Article 77 of Decree 102/2024/ND-CP stipulates:
Article 77. Implementing agricultural land concentration
4. Land management agencies submit to the People's Committee of the same level to carry out the signing and issuance of Certificates based on the land use plan approved by competent authorities; award Certificates to the issuer; transfer 01 set of dossiers attached with 01 copy of the issued Certificate to the Land Registration Office or Branch of the Land Registration Office to prepare and update cadastral records and land databases.
Point b, Clause 1, Article 136 of the 2024 Land Law stipulates that district-level People's Committees issue Certificates of land use rights (issue red books), ownership of assets attached to land to households and individuals.
However, point h, clause 1, Article 5 of Decree 151/2025/ND-CP has transferred the authority to issue Land Use Right Certificates according to point b, clause 1, Article 136 of the 2024 Land Law from the District-level People's Committee to the Chairman of the Commune-level People's Committee for implementation.
The Ministry of Agriculture and Environment informs citizens to know and research, and implement according to the provisions of law.
