Handling directions when registering land changes to be required to submit a penalty decision

Khương Duy |

A resident in Ho Chi Minh City reflected on the request to submit a penalty decision when registering land changes. The Ministry of Agriculture and Environment has issued guidance.

A resident in Ho Chi Minh City said that on the current house and land diagram drawing of the family, the location diagram is shown according to document 299/TTg and has been approved by the District 7 Branch of the Land Registration Office.

According to reports, people's parents have used land stably since before October 15, 1993, and have kept receipts for house and land tax collection in 1992 applied to residential and construction land.

In 1998, the people's parents were granted another Certificate of Long-term Land Use Rights by District 7 People's Committee. In 2006, the family received a Public Information Form on the current status of houses and land in Ho Chi Minh City, in which the land plot was identified as residential land in urban areas.

The family also has a certificate dated November 25, 2025 from Tan Hung Ward People's Committee. Accordingly, the land plot dossier being stored at the Ward People's Committee does not have dossiers of administrative violations for construction.

All papers are in the names of the people's parents. Because the family is large, the parents built a level 4 house to live in. After the parents passed away, the children carried out inheritance procedures and registered land changes.

According to the reflection, the land registration agency applies Clause 3, Article 139 of the 2024 Land Law and requests the family to provide a decision on administrative sanctions in the field of land.

People request guidance on whether the family's case falls under Clause 4, Article 3 of Decree No. 123/2024/ND-CP or not (this regulation states that households and individuals using land before October 15, 1993 without a document handling violations from a competent state agency before the 2024 Land Law takes effect will not be handled according to the decree).

Regarding this issue, the Ministry of Agriculture and Environment said that the reflected content is a specific case, under the authority of the competent authority in the locality to consider and resolve.

The settlement must be based on land management records, certificate issuance records and detailed regulations on the implementation of the Land Law issued by localities under their authority. Therefore, the Ministry of Agriculture and Environment has no basis to answer specifically.

According to the reflected information, the land plot was granted a Certificate of Land Use Rights by District 7 People's Committee, Ho Chi Minh City on December 28, 1998. Currently, the family is carrying out inheritance procedures and registering changes.

Trường hợp không đồng ý với kết quả giải quyết về đăng ký biến động, hồ sơ đất đai hoặc tiền sử dụng đất, người dân có quyền khiếu nại, khởi kiện.
In case they do not agree with the settlement results regarding registration of changes, land records or land use fees, people have the right to complain and sue. Photo: Phan Anh

The Ministry of Agriculture and Environment said that the order and procedures for registering land changes, assets attached to land and issuing Certificates are implemented according to Section VI, content C, Part V, Appendix I attached to Decree No. 151/2025/ND-CP of the Government.

Regarding the application of Clause 3, Article 139 of the 2024 Land Law by the Ho Chi Minh City Land Registration Office - Branch No. 7 and the request to provide a penalty decision, the Ministry requests people to work directly with the land registration agency and the provincial-level natural resources and environment agency.

The consideration is carried out based on Articles 137, 138 and 139 of the 2024 Land Law on issuing Certificates to households and individuals using land.

Competent agencies will also base on Clause 4, Article 3 of Decree No. 123/2024/ND-CP for cases of land use before October 15, 1993 but without a document handling violations before the 2024 Land Law takes effect.

The Ministry of Agriculture and Environment requests people to contact competent authorities in their localities for consideration and settlement according to regulations.

In the process of carrying out administrative procedures on land, if they do not agree with the settlement results, people have the right to complain or sue administrative decisions and administrative acts on land management according to Article 237 of the 2024 Land Law and Article 7 of the 2011 Law on Complaints.

Khương Duy
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