According to the Government Electronic Information Portal, a reader said that the family has been using stably 1,546m2 of land from before 1979 to now. This area is divided into 3 plots, of which about 900m2 has houses built, the rest is gardens and yards.
The land plots are not disputed. On the current cadastral map, the purpose of use is shown as rural residential land, the land user is named as the reader's father, who passed away in 2020. According to the family, the land originated from their fathers and grandparents.
The family wishes to be granted a Certificate of Land Use Rights for the first time to serve as a basis for dividing inheritance for their children. However, when carrying out the dossier, the commune-level specialized agency announced that according to the land register and map of 1984, the land plots are located in the public land area, and the land user is recorded as a cooperative.
Readers said that this inventory book does not show the maker and confirmation of the competent authority at that time.
From the above reality, readers request to clarify whether the family can propose to the commune-level agency to re-determine the origin of the land from cooperative land to land left by their fathers and grandparents and use it stably or not.
Readers also asked if the family is eligible for the first-time Certificate of Land Use Rights; what documents and papers need to be prepared and whether the land use will be administratively sanctioned or not.
In addition, the family plans to divide the inheritance among 6 people, so they want to know whether to issue and separate Certificates for each person from the beginning or to issue them to a representative first, and then carry out procedures for plot separation.
Regarding this issue, the Ministry of Agriculture and Environment said that the reflected content is a specific case, under the authority of the locality to consider and resolve.
The handling must be based on archived records and regulations issued by localities according to their authority to enforce the Land Law. Due to not having complete specific records, the Ministry has no basis for direct conclusions regarding the case of the reader's family.
However, the Ministry of Agriculture and Environment stated a number of legal principles for people to study and implement.
Accordingly, the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals using land is regulated in Articles 137, 138, 139 and 140 of the Land Law.
Point e, Clause 3, Article 11 of Resolution No. 254/2025/QH15 stipulates that in case land is allocated for management under Article 7 of the Land Law but falls into the cases specified in Article 139, it is considered for issuance of Certificates under Article 139 of the Land Law.
For map dossiers, point a, clause 2, Article 8 of Decree No. 101/2024/ND-CP stipulates that cadastral maps and extracts of cadastral maps that have been approved by competent authorities must be put into use, replacing maps and extracts made previously.
Cadastral maps and excerpts from old cadastral maps are still valid when resolving contents under legal regulations.
Regarding handling land violations, the Ministry of Agriculture and Environment said that if the family's land use is identified as land encroachment or land occupation, administrative violations must be sanctioned according to Article 13 of Decree No. 123/2024/ND-CP.
In case the violation is still ongoing, there is still a statute of limitations for sanctioning. When a violation is detected, the competent person must make an administrative violation record in accordance with the content, form and order, and then issue a decision to sanction according to regulations.
Thus, whether the family is granted a Certificate or not needs to be checked and compared by competent authorities in the locality between the current status of land use, cadastral records through periods, land origin and relevant legal regulations.
