According to the Government Electronic Information Portal, a citizen in Hanoi reflected on the issuance of a Certificate of Land Use Rights for a land plot located in the planning but without a decision or notice of land acquisition.
The land plot originated from pond land, belonging to plot No. 14, map sheet No. 13 (1994 cadastral map) in Mai Dich ward, Cau Giay district (old). The original origin of the land plot belonged to a family using it before 1955.
After that, family members continued to use the pond plot. The use is shown in cadastral records and maps of 1960 and 1978 stored in the locality.
In 1965, according to the State's management policy of that period, Mai Dich Agricultural Cooperative managed all private ponds and lakes in the locality, including the above-mentioned pond plot to serve agricultural production.
By 1979, due to the Cooperative's lax management, the family directly used the pond plot to release fish continuously for many years. On the current status map made in 1986 and accompanying management books, land plot No. 106, map sheet No. 5, area of 544 m2 of pond land is shown in the name of the user.
On January 13, 1992, the land user had a "Request to build a house on pond land" and was certified and stamped by the People's Committee of Mai Dich town. After being approved by the local authorities, the family filled the pond, built a level 4 house to live in and use stably, and paid land tax until now. Currently, the old house has collapsed.
In 2009, the People's Committee of Cau Giay district (old) and in 2011, the People's Committee of Hanoi City issued documents affirming that users were eligible to be granted a Certificate of Land Use Rights, and at the same time requested specialized agencies to guide families to carry out procedures.
In 2025, the family applied for a Certificate of Land Use Rights, but was refused by the Phu Dien Ward People's Committee (Mai Dich ward merged into Phu Dien ward) on the grounds that the land plot was in the land planning of agencies and schools; the application for building a house had confirmation from the Mai Dich Town People's Committee in 1992, but the land register in 1994 still recorded "pond land".
According to reports, the area with the new land plot only has a 1/2000 plan, no project has been implemented, and no decision or notice of land recovery has been issued. In fact, many families are still granted Certificates of Land Use Rights, but the red book has additional content showing that the land is in the plan.
Citizens request functional agencies to answer whether the above land plot is eligible for a Certificate of Land Use Rights, whether it records planning information or not; how the time of use for residential land purposes affects the issuance of land use right certificates and which legal document it is regulated in.
At the same time, citizens requested clarification of regulations on issuing Certificates of Land Use Rights for land located in planning but without decisions or notices of recovery.
The Ministry of Agriculture and Environment answers this question as follows:
The reflected content is a specific case and needs to be based on archived records and specific regulations of localities issued under their authority for consideration and resolution. Therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically.
The Ministry of Agriculture and Environment states a number of principles as follows:
Current land law has specifically stipulated the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals who are using land in Articles 137, 138, 139, 140 and 141 of the Land Law.
The above-mentioned articles of law have specific regulations on cases of land use when issuing Certificates that must ensure conditions or do not stipulate that conditions must be consistent with district-level land use planning or general planning, sub-area planning, construction planning or rural planning.
The Ministry of Agriculture and Environment informs citizens to know and study implementation.
In the process of carrying out administrative procedures on land, in case of disagreement with the results of resolving administrative procedures of competent authorities in the locality, people have the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the Law on Complaints in 2011.
