People do not have to confirm that the land is not in dispute when making a red book

ANH HUY |

According to the provisions of Decree 151/2025, effective from July 1, people do not have to confirm that the land is not in dispute when making a red book.

Article 18 of Decree 151 stipulates procedures and records for registration of land and assets attached to land and cadastral records.

Accordingly, people can choose to submit land registration documents at any unit in the same province or city, instead of only submitting them at the place where the land is located as before.

This regulation applies to the dossiers mentioned in Clause 3 and Clause 4, Article 21 of Decree No. 101/2024/ND-CP, including the dossier for initial registration of land and assets attached to land and the dossier for registration of changes in land and assets attached to land.

Notably, Clause 4, Article 18 of the Decree stipulates that the People's Committees at the commune level when granting certificates of land use rights and ownership of assets attached to land (red books) in Articles 137, 138, 139 and 140 of the 2024 Land Law do not have to confirm their compliance with the planning alone, do not dispute, and land is used stably.

Thus, according to the above regulations from July 1, people do not have to confirm the status of uncontested land when making a red book.

Regarding this issue, Mr. Mai Van Phan - Deputy Director of the Department of Land Management (Ministry of Agriculture and Environment) - said that this was previously carried out at two levels, in which the authority to issue Certificates belonged to the district level.

According to Mr. Phan, this time the authority has been transferred to the commune level - that is, the level of direct management. When a commune is a direct management agency, the commune-level government must clearly know the actual situation: whether there is a dispute or not, whether there is encroachment or not.

Ong Mai Van Phan - Pho Cuc truong Cuc Quan ly Dat dai (Bo Nong nghiep va Moi truong). Anh: Phuong Anh.
Mr. Mai Van Phan - Deputy Director of the Department of Land Management (Ministry of Agriculture and Environment). Photo: Phuong Anh.

Therefore, the Deputy Director of the Department of Land Management said that the commune was the unit that decided this matter, not only confirming the dispute situation but then submitting the file to the superiors to review the conditions and issue a certificate to the people.

"I have assigned authority to the commune, so the commune-level government must directly clearly affirm whether there is a dispute or not, whether there is encroachment or not, whether there is a violation or not" - Mr. Mai Van Phan - Deputy Director of the Department of Land Management - emphasized.

In addition, the agency handling administrative procedures on land is not required to require land users to revise records and documents related to land after the arrangement and organization of local government at two levels, but must do so simultaneously when the land user performs administrative procedures or based on the needs of the land user.

The cadastral records in Clause 1, Article 128 of the Land Law are gathered according to commune-level administrative units.

Decree No. 151/2025 also stipulates that the time for carrying out procedures for initial registration of land and assets attached to land is no more than 17 working days; the first issuance of a certificate is no more than 3 working days.

Compared to the current regulations in Clause 1, Article 22 of Decree No. 101/2024, the registration period can be up to 20 working days, while the certificate issuance period remains the same at 3 working days.

ANH HUY
TIN LIÊN QUAN

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