A case reflecting problems related to applying for a Certificate of Land Use Rights for land plots with origins of use through many different times, including the area located in the road safety corridor and traffic planning.
People are wondering whether this land plot is eligible for a red book or not, how the land use time will be determined and whether the land auction fee receipt is considered a basis to prove that money has been paid to use the land or not.
Regarding this content, the Ministry of Agriculture and Environment said that this is a specific case, under the jurisdiction of the locality and must be based on archived records as well as regulations issued by the locality to implement the Land Law. Therefore, the Ministry does not have a basis to answer in detail for each case, but has stated some principles for people to refer to.
According to the Ministry of Agriculture and Environment, Article 135 of the 2024 Land Law stipulates that one of the principles for issuing Certificates is that red books are issued for each land plot to people with land use rights, if they have the need and meet the conditions according to the law.
In addition, Articles 137, 138, 139 and 140 of the 2024 Land Law also stipulate the issuance of initial certificates to households and individuals who are using land.
Regarding stable land use and determining the time of stable land use, the Ministry of Agriculture and Environment said that this content is regulated in Clause 38, Article 3 of the Land Law, along with Point b, Clause 3, Section II, Content C, Part V, Appendix I issued together with Decree 151/2025/ND-CP. The order and procedures for implementation will be regulated by the Provincial People's Committee according to Article 15 of Decree 49/2026/ND-CP.
For cases where land plots or part of land plots are located in the safety protection corridor of works, protection area or safety belt, the Ministry of Agriculture and Environment said that this information will be shown on the certificate according to the provisions of Circular 10/2024/TT-BTNMT. Regarding content related to the safety protection corridor of road works, people are requested to contact the local construction management agency for specific answers.
Thus, the issuance of red books not only depends on the current status of land use but also must be based on legal documents, the time of land use, regulations on stable land use and specific regulations of the locality.
For cases with safety corridors of works or the origin of land use through many stages, people need to contact the land management agency at the land location to check dossiers and receive guidance in accordance with regulations.
