Buying land without the authority of the commune, is the province allowed to plan residential land, and is the land plot granted a red book?

Xuyên Đông |

People reported that they bought land without the authority of the commune but the province had planned residential land. So, is the land plot granted a red book?

On the Government Information Portal, Ms. T.T.H in Hung Yen said that in 2014, the People's Committee of the commune illegally sold a plot of land to her family, and the family had paid the full amount. In 2017, the People's Committee of the commune planned a residential area, with a 1/500 scale planning drawing, and was allocated land by the Provincial People's Committee to plan the residential area.

The land lot that Ms. H's family bought belongs to one of the 7 plots of land in the commune planned for residential areas. Ms. H asked if her family was granted a red book or not?

The Ministry of Agriculture and Environment responds to this issue as follows:

The content of her reflection is a specific case under the authority of the locality and needs to be based on archival records, specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution. Therefore, the Ministry has no basis to answer.

The Ministry sets out some principles as follows:

The current land law has specifically regulated the granting 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 and 140 of the Land Law.

The Government has fully regulated the components of the submission dossier, procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and land information systems and Decree No. 151/2025/ND-CP dated June 12, 2025 regulating the division of authority of local authorities at 02 levels, decentralization and delegation in the field of land.

At the same time, the Minister of Agriculture and Environment issued Decisions: No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures in the land sector under the state management of the Ministry of Agriculture and Environment, accordingly stipulating each specific land procedure, including the following steps:

(1) Implementation order; (2) Implementation method; (3) Components, number of documents; (4) Processing time; (5) Subjects performing administrative procedures; (6) Agencies performing administrative procedures; (7) Results of administrative procedure implementation; 8. 8. Fee, fee; 9. Name of application form, declaration; 10. Requirements, conditions for administrative procedures (if any); 11. Legal basis of administrative procedures.

The Ministry of Agriculture and Environment informed her to know and research and implement. During the implementation of land administrative procedures, if she does not agree with the results of the handling of administrative procedures by the competent authority in the locality, she has the right to complain and file a lawsuit against the administrative decision and administrative behavior on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.

Xuyên Đông
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