Citizens send questions to the Ministry of Agriculture and Environment with the content:
In 2014, the Commune People's Committee implemented land consolidation and exchange. My family as well as households in the area participated in implementing according to the approved plan.
Before land consolidation and exchange, my family had 5 land plots. After implementation, my family still has 2 land plots, of which 1 plot was formed from the previous land consolidation of 4 land plots and 1 plot was kept in the same location according to the land consolidation and exchange plan (the area has fluctuations due to measurement errors).
It is respectfully requested that the Ministry of Agriculture and Environment inform: For the 2 land plots after land consolidation and exchange mentioned above (of which 1 plot is kept unchanged according to the plan), which agency has the authority to issue a Certificate of Land Use Rights?
The Ministry of Agriculture and Environment has the following opinions:
In Clause 1, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 stipulating that the Provincial People's Committee has the authority to decide on the recognition of land use rights; based on the Law on Organization of Local Government, Resolution No. 190/2025/QH15 of the National Assembly on handling a number of issues related to the arrangement of the state apparatus and the actual situation of localities, the Provincial People's Committee decides on the decentralization and authorization of agencies and people with authority to implement the tasks specified in this clause to be appropriate.
At points a and b, clause 2, Article 14 of Decree No. 49/2026/ND-CP, it is stipulated that provincial-level land management agencies issue Certificates for cases where provincial-level competent agencies and people decide to recognize land use rights, and the Chairman of the Commune-level People's Committee issues Certificates for cases where commune-level competent agencies and people decide to recognize land use rights.
Based on the above regulations, the authority to issue initial Certificates for households and individuals is exercised by the Department of Agriculture and Environment or the Chairman of the Commune-level People's Committee depending on the decision of the Provincial-level People's Committee on decentralization and authorization.
Article 15 of Decree No. 49/2026/ND-CP has assigned provincial-level People's Committees to regulate the order and administrative procedures for land. To implement this Decree, the Ministry of Agriculture and Environment has issued Official Dispatch No. 1153/BNNMT-QLDD dated February 3, 2026, sent to People's Committees of provinces and cities directly under the Central Government on the implementation of Decree No. 49/2026/ND-CP of the Government. It includes guidance on the issuance of order and procedures for issuing Certificates of Land Use Rights for cases according to the "land consolidation and exchange" plan for localities to refer to and issue administrative procedures according to their authority.
The Ministry of Agriculture and Environment informs all citizens to know and contact the competent authorities in the locality for guidance on solutions.
