On the Government Portal, Mr. V.D in Bac Ninh reported that in 1997, his village announced a policy to create conditions for families with 2 sons to buy land outside the provincial road 285 (through the village). Mr. D's parents bought it from the village and were given a portion of 10 m of road surface with many other households in the village.
Current status of the land, Mr. D's family has been using the land stably since 1997, has not built a house, has not had any disputes, and has only had one owner since the land was allocated. The cadastral map in the commune shows that Mr. D's father is using this plot of land, a type of land in rural areas.
Current documents: Annual non-agricultural land use tax payment invoice (held from 2015 to present) in the name of Mr. D's father; the tax book of the village accountant recorded the land area for tax calculation as 199 m2; actual land in use is about 285.8 m2 (according to the provincial land officials' data on the most recent updated measurement of land use status); land purchase invoice in 1997 (not available, because the village only collects money, records it in the village's book, does not reissue the receipt/version/invoice to the people); land allocation record in 1997 (no, no, the village does not issue).
Mr. D asked, based on the above grounds, is his family eligible for a red book or not? How is the land use fee or taxes and fees payable for granting red books calculated, what documents are required?
The Ministry of Agriculture and Environment responds to this issue as follows:
The application of policies to review and issue Certificates to households and individuals using land needs to be based on each case and needs to be based on the records.
Therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer. The Ministry of Agriculture and Environment has the following principles:
Current land laws that are in effect: 2024 Land Law and guiding documents, detailed regulations for implementation (Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System; Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the field of land, Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government amending and supplementing a number of articles of decrees detailing the implementation of the Land Law ...).
The granting of a First Certificate to a household or individual using land with documents on land use rights as prescribed in Article 137 of the Land Law, without documents on land use rights as prescribed in Article 138 of the Land Law, violating the land law as prescribed in Article 139 of the Land Law, is a case of land allocation without proper authority as prescribed in Article 140 of the Land Law.
The Ministry of Agriculture and Environment informed Mr. D to know and contact the competent authority in the locality for consideration and resolution in accordance with the provisions of law.
