Instructions for granting red books to land plots located in 2 communes

Huy Hùng |

A plot of land located in 2 communes, how should it be applied for a land use right certificate (red book)?

Citizens sent questions to the Ministry of Agriculture and Environment said that there are plots of land that have not been granted land use right certificates, plots of land located in the two communes. Now, if a family wants to register for a land use right certificate, should they submit the application in 1 commune or both communes? How is the process of public disclosure and approval implemented in the two communes?

Responding to this question, the Ministry of Agriculture and Environment said that, based on Article 147 of the 2024 Land Law, which stipulates the issuance of Certificates of land use rights and ownership of assets attached to land in cases where land plots are under the scope of many commune-level administrative units:

In case the land plot is within the scope of many communes, wards and towns but is under the authority of one agency to issue a Certificate of land use rights and ownership of assets attached to land, a Certificate of land use rights and ownership of assets attached to land shall be issued to the land user; in which each area must be determined within the scope of each commune-level administrative unit.

In case the land plot is within the scope of many communes, wards and towns under the authority of different agencies to issue Certificates of land use rights and ownership of assets attached to land, the Certificate of land use rights and ownership of assets attached to land shall be issued for each land plot under the authority of each agency to issue Certificates of land use rights and ownership of assets attached to land".

- Regarding the place of application submission: Citizen refers to the provisions of Article 21 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government on receiving documents and returning results of procedures for registration of land and other assets attached to land.

- For the content of the public disclosure and approval process: Citizens should refer to the regulations on the time for carrying out procedures for registration of land and assets attached to land, and issuing a detailed Certificate as prescribed in Article 22 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration, issuance of certificates of land use rights, ownership of assets attached to land and the land information system.

Huy Hùng
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