Citizens send questions to the Ministry of Agriculture and Environment with the content:
Land currently in use falls under the case specified in point c, clause 2, Article 139 of the 2024 Land Law and houses have been built since 2002. According to the Land Use Plan approved by Dak Lak Provincial People's Committee on June 17, 2025, the land plot is identified as residential land.
However, according to the construction plans, urban planning and new rural planning approved in the Decision of Dak Lak Provincial People's Committee in 2013, decisions of Krong Buk District People's Committee (old) in 2019, the land plot is in the planning of park and green tree land, and infrastructure construction land.
Currently, citizens are completing procedures for issuing Land Use Right Certificates but are refused to be resolved on the grounds that they are not in accordance with construction planning, urban planning and new rural planning. Citizens request the Ministry of Agriculture and Environment to provide specific guidance for this case.
The Ministry of Agriculture and Environment has the following opinions:
In case of land use according to the provisions of point c, clause 2, Article 139 of the 2024 Land Law, it must meet the planning conditions including: not belonging to forestry planning for special-use forests, protection forests; not belonging to land use planning for the purpose of building public infrastructure works, the land user is considered for issuance of Certificates of land use rights, ownership of assets attached to land.
According to your reflection, there are still decisions on planning land for parks and green trees, and land for infrastructure construction. Therefore, the locality has not considered issuing Certificates of land use rights and ownership of assets attached to land, which is in accordance with the provisions of point c, clause 2, Article 139 of the 2024 Land Law.
The law on planning has specific regulations on handling cases where there is no unity and synchronization between plans.
The Ministry of Agriculture and Environment informs you to know and implement.
