Instructions for granting red books for agricultural land reclaimed and housing built before 1996

Huy Hùng |

If you build a house in 1995 on a part of the vacant agricultural land, will you be granted a red book for the entire plot?

Citizens should send questions to the Ministry of Agriculture and Environment to ask about the content of the first issuance of a Land Use Rights Certificate as follows: In 1991, the family exploited a plot of agricultural land, and in 1995 built a house on the above plot of land. Now there is a need to issue a Land Use Rights Certificate for the above plot of land (including both residential land and the remaining agricultural land).

Citizens wonder whether Article 25, Decree 101/2024/ND-CP dated July 29, 2024 does not clearly stipulate the residential land and the part determined to be the remaining agricultural land can be issued with a common cover or not, so their family cannot yet make a Land Use Rights Certificate.

Citizens ask in this case, must each plot be allocated separately for each type of purpose?

Responding to this question, the Ministry of Agriculture and Environment said that Clause 1, Article 135 of the Land Law stipulates that one of the principles for granting a Certificate of land use rights and ownership of assets attached to land is the Certificate issued for each plot of land to people with land use rights and owners of assets attached to land who have a need and are eligible.

Clause 42, Article 3 of the Land Law stipulates that a land plot is the area of land limited by the boundary described in the cadastral records or determined in the field. The law on land does not stipulate that a plot of land has only one type of land.

The Ministry of Agriculture and Environment informs citizens to study and contact local competent authorities for guidance on how to issue a First Certificate according to regulations.

Clause 1, Article 135 of the Land Law stipulates: Certificates of land use rights and ownership of assets attached to land are issued for each plot of land to people with land use rights and owners of assets attached to land who have a need and meet the conditions prescribed in this Law. In case the land user is using multiple agricultural plots in the same commune, ward, or town and has a request, he/she will be granted 01 Certificate of land use rights and ownership of assets attached to the common land for those plots of land.

Huy Hùng
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