On the Government Portal, citizens ask:
In 1988, Ms. B.T. N's family (Hanoi) was allocated land for population expansion (residential land) by the Commune People's Committee and paid money. Her parents and children have used the land stably and continuously since then, without disputes, without violating the Land Law.
In 1994, the biological mother built a house for the two children to live separately on that land, dividing the land into two equal parts for the two children. Ms. Ng asked, when issuing the Certificate, was the time of land use calculated from 1988 or from 1994?
The Ministry of Agriculture and Environment answers this question as follows:
The 2024 Land Law has specific regulations on 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, 140, point d and point d, clause 2, Article 142.
The Government has fully stipulated 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, including the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals who are using land stably.
According to the provisions of Article 136 of the Land Law and Decree No. 151/2025/ND-CP of the Government, the issuance of initial Certificates to households and individuals currently using land is under the authority of the Chairman of the Commune-level People's Committee.
Recently, the Ministry of Agriculture and Environment has advised the Government to issue Decree No. 49/2026/ND-CP dated January 31, 2026 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. Accordingly, Article 14 and Article 15 of Decree No. 49/2026/ND-CP have decentralized authority to provincial-level People's Committees to implement in the field of land (for cases where commune-level agencies and competent persons recognize land use rights, the Chairman of the commune-level People's Committee shall issue Certificates of land use rights and ownership of assets attached to land); decentralize the regulation of administrative procedures on land.
In case the organization of implementation in the locality still has problems, please send a petition to the People's Committee of the commune where the land is located for consideration and resolution of the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals who are using land according to their authority and according to the provisions of law.
