On the Government Portal, Mr. H.V.T (in Thanh Hoa) said that his family received a transfer of a part of the land of their neighbor in 2007. The current status of the cadastral map has been measured into two plots.
Now that you need to register for a red book, the time of land use is determined to be 2007 or from the time the old owner used it?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is a specific case under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer.
The Ministry sets out some principles as follows:
The determination of the time of land use in the implementation of procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land for the first time to individuals using land under the authority of the People's Committee at the commune level and is stipulated in Point b2, Point b, Clause 3, Clause II, Part C, Part V of Appendix 01 issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the field of land.
Specifically as follows:
"In case there are documents on land use rights as prescribed in Clause 7, Article 137 of the Land Law, the determination of land for stable use shall be carried out according to the provisions of Clause 38, Article 3 of the Land Law.
In case there are no documents on land use rights as prescribed in Article 137 of the Land Law, the origin of land use shall be determined; stable land use shall be determined according to the provisions of Clause 38, Article 3 of the Land Law. Confirmation of stable land use is based on the time and purpose of land use in one of the following documents:
Interest on payment of agricultural land use tax and real estate tax.
Minutes or decisions on administrative sanctions for land use violations, minutes or decisions on administrative sanctions for construction of works attached to land.
A decision or judgment of the People's Court that has come into effect or a decision on enforcement of a judgment of the enforcement agency has been enforced on assets attached to land.
Documents for payment of electricity, water and other payments at the address of the land plot must be determined.
Documents on land allocation without proper authority or documents on purchase, receipt of liquidation, valuation, and distribution of houses and construction works attached to land as prescribed in Article 140 of the Land Law.
Documents on the purchase and sale of houses and other assets attached to land or documents on the purchase and sale of land, transfer of land use rights signed by relevant parties from October 15, 1993 onwards.
Mapping, documents for land investigation and measurement; inventory books, and forests were established from December 18, 1980 onwards.
Documents on the declaration and registration of houses and land confirmed by the People's Committee at the commune, district or provincial level at the time of declaration from October 15, 1993 onwards.
Documents on registration for permanent or temporary residence in a house attached to residential land issued by a competent authority.
In case there are no documents on land use rights as prescribed in Article 137 of the Land Law but no one of the information and documents in the content or on the documents, that information does not clearly state the time of establishing the documents, the time of establishing the information and the purpose of land use is based on the content of the declaration of the land user and the current status of land use.
In case there are no documents on land use rights as prescribed in Article 137 of the Land Law and the time of starting land use shown on the prescribed documents or information is inconsistent, the time of starting land use shall be determined according to the documents or information with the earliest date, month, and year of land use.
