Ms. N.T.H.T in Gia Lai reflected: Section 7, Part XV of Decree No. 151/2025/ND-CP stipulates:
"In case there are many plots of land with a common 01 Certificate but one or a number of plots of land belong to one of the cases of revoking the Certificate prescribed in Points d, dd, e, Clause 2 and Clause 5, Article 152 of the Land Law, the issued Certificate of land use rights and ownership of assets attached to land shall be revoked in accordance with the provisions of law for these plots of land; the issued Certificate of land use rights and ownership of assets attached to land shall be reissued for plots of land that have been granted a certificate in accordance with the provisions of law. The issuance of certificates of land use rights and ownership of assets attached to land as prescribed in this Section 7 shall be implemented in accordance with the provisions of this Section 9, Part XV".
According to the above regulations, what is the implementation procedure, to issue and exchange land plots that have been issued correctly and then have the red book revoked, or to revoke the entire red book and at the same time issue and exchange the correctly granted land plots?
The Ministry of Agriculture and Environment responds to this issue as follows:
According to the provisions of Clause 7, Section XV, Part C of Appendix No. 1 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the field of land, the revocation of issued certificates and re-issuance of certificates shall be carried out in accordance with the provisions of law, and at the same time, the issuance and exchange of land plots with errors shall be carried out.
The implementation in the above order aims to ensure the principle of granting certificates as prescribed in Clause 1, Article 135 of the Land Law:
"The certificate of land use rights and ownership of assets attached to land is issued for each plot of land to the person with land use rights and owners of assets attached to land who have a need and meet the conditions prescribed by this law. In case the land user is using multiple agricultural plots in the same commune, ward, or town and has a request, he/she will be granted a certificate of land use rights and ownership of assets attached to the common land for those plots of land".
