On the Government Information Portal, Mr. D.V.C in Dong Nai reflected that he has a land plot for perennial crops that has been granted a red book. Recently, he applied to change the land use purpose to residential land to build a house. In the process of implementation, the measurement agency and the one-stop shop department discovered that the actual land area was smaller than the area recorded in the red book.
Mr. C followed the instructions of the Commune People's Committee and the surveying unit to re-measure, mediate, and adjust the area according to actual data. However, the dossier was later prolonged for settlement time, without a result return appointment, causing people not to know when the procedures would be completed.
Mr. C asked, how is the process of changing land use purposes to residential land in cases where the actual land area is distorted compared to the red book implemented? When people submit dossiers to carry out administrative procedures on land, is the receiving agency required to issue a result return notice?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Regarding the order and procedures for changing land use purposes, according to point b, clause 1, Article 121 of the Land Law, changing land use purposes from agricultural land to residential land (ONT) in cases of changing land use purposes must be permitted by a competent state agency.
According to Article 227 of the 2024 Land Law, the order and procedures for allowing land use purpose conversion are stipulated.
The procedure for changing land use purposes is implemented according to the provisions of Clauses 2, 3, 4, 6, Article 44 of Decree No. 102/2024/ND-CP of the Government detailing the implementation of a number of articles of the Land Law.
According to Decree No. 151/2025/ND-CP of the Government stipulating the decentralization of authority of local authorities at 02 levels, decentralization, and decentralization in the field of land (effective from July 1, 2025), the order and procedures for changing land use purposes are specifically regulated in Section I, Part III, issued together with Decree No. 151/2025/ND-CP.
According to the provisions of land law, in case the actual land area differs from the area recorded on the issued Certificate, it is necessary to carry out measurement and re-verify the current status of land use to serve as a basis for resolving dossiers.
The adjustment and renewal of the certificate is a mandatory legal basis to continue resolving land use purpose conversion dossiers. Competent authorities are not allowed to allow land use purpose conversion when the area and boundary of the land plot are still unconsistent and not updated in the cadastral records.
For cases of people who have incurred area differences, the correct handling process according to regulations includes two stages:
Handling and adjusting cadastral records (before considering changing purpose): Receiving requests for adjustment and renewal of certificates due to area deviation; re-measuring land plots using specialized equipment; making records confirming the current status of land use; updating and adjusting cadastral records and renewing certificates according to actual area.
After having a new certificate (or being revised), the competent authority will continue to: appraise the conditions for changing land use purposes according to land use planning and plans; determine financial obligations; submit and issue Decisions allowing land use purpose change; revise and update land types in cadastral records and certificates.
Thus, the temporary suspension of people's application for change of purpose during the time of handling the area difference has a legal basis, but must be carried out in the correct order, with a deadline and with clear notice to the people.
Regarding the requirement to issue a result return notice: according to regulations on resolving administrative procedures according to the one-stop shop, inter-agency one-stop shop mechanism, when the agency receiving citizens' valid dossiers, it is mandatory to issue a dossier receiving notice and a result return notice, which clearly states the date of dossier receipt, dossier composition, result return time and the resolving agency.
In case the dossier is not eligible for reception, it must be guided in writing once for people to supplement and complete the dossier. It is not allowed to let people have to travel many times, measure many times but without a appointment and without an official written explanation of the reason for the delay.
In the case of not issuing a result return notice or not having a document notifying the status of the dossier to the people, it does not ensure compliance with regulations on administrative procedure reform and the right to information of citizens.
In case the dossier is still not eligible for settlement, there must be an official written reply to the people, clearly stating the reasons, legal basis and specific guidance on the content to be implemented further, to avoid prolongation causing frustration and damage to people's rights.
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