Citizens send questions to the Ministry of Agriculture and Environment with the content:
My family is using urban residential land plot (ODT) received by my father according to the inheritance division agreement between the three brothers. The land plot originated from my paternal grandparents; my paternal grandfather died in 1971, my paternal grandmother died in 1997. In 2001, the three brothers made a written agreement for my father to receive land use rights, with confirmation from the head of the residential group and reputable people in the locality. The land plot is located in a residential area formed in the 1950s.
Currently, my father is completing procedures for issuing a Certificate of Land Use Rights for the first time and has submitted complete documents according to instructions. However, the land administration official requested supplementation of vouchers for paying electricity and water bills before 1993 and the birth certificates of the two brothers who signed the inheritance agreement. Please ask, is the request to supplement these documents in accordance with regulations and is it really necessary?
The Ministry of Agriculture and Environment has the following opinions:
Households and individuals who are using land stably without one of the types of land use right documents specified in Article 137 of the Land Law, not falling into the cases specified in Articles 139 and 140 of the Land Law, are considered for issuance of Certificates according to the provisions of Article 138 of the Land Law.
Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government has assigned the Provincial People's Committee to regulate the order and administrative procedures in the field of land. Accordingly, in case the Provincial People's Committee regulates the order and procedures for issuing Certificates for cases specified in Article 138 of the 2024 Land Law, which are implemented according to the provisions in item II, content C, Part V of Appendix No. 01 issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government, in the process of considering issuing Certificates, it is necessary to confirm the stable land use according to the provisions in point (ii) b, clause 3, item II mentioned above. In which, documents on collecting electricity and water bills, land use fees... are one of the documents to serve as a basis for determining the time of stable land use.
