Red book is returned by ward, citizens send reflections and petitions to the Ministry

Xuyên Đông |

A citizen reflected that they were making a red book when the ward returned the dossier requesting confirmation of the alleyway and home address.

Mr. T.P. S reflected that he was carrying out procedures for issuing a red book. However, the Ward People's Committee returned the dossier and requested people to supplement the opinion of the adjacent owner on allowing a walkway. Mr. S asked: Is this request in accordance with the provisions of the Land Law?

In addition, the use of land with houses from 1981 to present, household registration books in 1981, 1995 and the number of houses issued in 2003, there are differences in the issued address.

Mr. S asked: Does the Ward People's Committee return the dossier forcing people to supplement documents proving that the 3 house numbers issued for 1 house are in accordance with regulations or not?

Regarding this content, the Department of Land Administration, Ministry of Agriculture and Environment has the following opinions:

Regarding the content related to the walkway:

Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly (effective from January 1, 2026) stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, which has stipulated that the separation of land plots and land consolidation specified in point d, clause 1, Article 220 of the Land Law must ensure that there is a walkway connected to public roads or agreed by adjacent land users to pass through to connect to public roads.

Thus, in case of land separation or land consolidation, new land plots formed after land separation and land consolidation must ensure that there is a walkway connected to public roads or agreed by adjacent land users to pass through to connect to public roads.

Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government 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 has assigned the Provincial People's Committee to regulate the order and administrative procedures on land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations.

In which, it clearly stipulates the responsibilities of agencies and competent persons in the steps of implementing procedures, maximum time to implement procedures, dossier components to be submitted, including documents proving subjects eligible for exemption or reduction of financial obligations, and procedure implementation forms that must specify information to determine financial obligations related to land.

While regulations on procedures and administrative procedures for land specified in this clause have not been issued, the provincial-level People's Committee shall decide on the application of procedures and administrative procedures for land according to the provisions of law before the effective date of this Decree or decide on procedures and administrative procedures for land for each specific case.

Thus, based on the above regulations, the components of dossiers submitted and the order and procedures for carrying out administrative procedures on land, including procedures for land separation and land consolidation, will be regulated by the Provincial People's Committee.

Therefore, it is requested that he send a petition to the competent authority in the locality where the land is located for guidance on implementation.

Regarding the content related to the land plot address according to the provisions of Clause 6, Article 8 of Circular No. 10/2024/TT-BTNMT, information about the land plot address includes: House number, street name; name of residential point (neighborhood group, village, hamlet, village, hamlet, village, bon, buon, phum, soc, similar residential point) or name of area, field (for land plots outside residential areas); name of administrative units at commune and provincial levels where the land plot is located.

According to the provisions of Article 5 of Circular No. 08/2024/TT-BXD, the commune-level People's Committee shall review and propose a plan to number and attach house numbers in the area and submit it to the provincial-level People's Committee for decision and organization of implementation.

Thus, the numbering and attaching of house numbers is the responsibility of state agencies and information about house numbers, street names is not mandatory when carrying out land registration procedures.

Therefore, the Ward People's Committee's request for people to self-supplement documents proving that 3 house numbers are issued to 1 house is unfounded and does not fall into the cases specified in Article 151 of the Land Law.

In the process of carrying out administrative procedures on land, if he does not agree with the results of resolving administrative procedures of competent authorities in the locality, he has the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the Law on Complaints in 2011.

Xuyên Đông
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