Ms. L.D.M.H in Ho Chi Minh City reflected that she bought 120 m2 of agricultural land in 2000 and could not get a construction permit.
Due to not having a house to live in, she built a house herself in 2012 and has lived stably on that land until now. There is an electricity and water contract showing that her house has been there since 2012.
In 2017, Ms. H went to the district where she lived to apply for a house number and was granted a house number. The district also confirmed to her that the house was stable and had no disputes in the decision to issue the house number.
After that, Ms. H went to the Ward People's Committee to request a red book and was told that this land had been granted to the old owner, so it was not the first case of a red book, even though the old owner's red book had expired since 2018. And that plot of land was sold to many people, Ms. H had a small part on the land.
When Ms. H went to the old district to ask, the district replied that because the old owner's red book had expired and she was the current owner of the house and land, she returned to the ward to submit an application for the first red book.
However, when she returned to the ward this time, she was explained that her house was illegally built on agricultural land and had to be administratively handled (dismantled and returned to its original state).
Her house is located on a plot of land without an access road on the cadastral map, so there is no red book. Although her family and many other houses on this land have a road nearly 3 m and live stably on it.
Ms. H asked, so can your land be granted a red book according to Decree No. 101/2024/ND-CP?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of her reflection is under the authority of the locality and needs to be based on archival records and 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 would like to point out some principles as follows:
The current land law has specifically regulated the issuance of first-time red books to households and individuals 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 and Decree No. 151/2025/ND-CP dated June 12, 2025.
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 scope of the Ministry of Agriculture and Environment, accordingly stipulating each specific land procedure, including: (1) Implementation procedures; (2) Implementation methods; (3) Components, number of dossiers; (4) Processing time; (5) Subjects performing administrative procedures; (6) Agencies performing administrative procedures; (7) Results of administrative procedure implementation; 8) Fees and charges; (7) Names of documents, declarations; (4) Requirements, conditions for implementing administrative procedures (if there are (4) Legal bases for administrative procedures.
The Ministry of Agriculture and Environment informs citizens 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.
