On the Government Portal, Mr. N.T in Hanoi said that his father had a piece of land left by his father, which was granted a red book in 1996 by the old Hoa Binh province, with an area of 2,000 m2 of residential land. After the merger, the land is now in Hoa Lac commune, Hanoi city.
Currently, Mr. T's father wants to divide the land between his 5 children. However, when completing the procedures for dividing plots and issuing red books, the state agency only recognized 400 m2 of residential land, the remaining 1,600 m2 was converted to perennial land. Meanwhile, in reality, his family has built a house on an area of over 800 m2.
Mr. T asked, if the state only recognizes 400 m2 of residential land, will the remaining construction area of more than 400 m2 of his family be considered illegal construction and forced to be demolished?
Is reducing the residential land area from 2,000 m2 to 400 m2 in accordance with the law? If so, what support policies does the state have to ensure the rights of the people, avoiding the situation where families have to spend a huge amount of money to convert the purpose of land use from perennial crops to residential land?
The Ministry of Agriculture and Environment responds to this issue as follows:
His question was a specific incident, which needed to be based on archival records and local regulations to answer. Therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer.
The Ministry of Agriculture and Environment has a general opinion on the following principles:
Clause 3, Article 256 of the 2024 Land Law stipulates:
"Land use right certificates, house ownership certificates and land use right certificates, house ownership certificates, construction ownership certificates, land use right certificates, house ownership certificates and other assets attached to land issued in accordance with the provisions of the law on land, the law on housing, and the law on construction before the effective date of this Law are still legally valid and do not have to be issued to exchange to land use right certificates, property ownership certificates attached to land; in case of need, they will be issued to exchange to land use right certificates, property ownership certificates attached to land according to the provisions of this Law".
Based on the above provisions, in case the land use right certificate of his family was issued in 1996 in accordance with the provisions of law, it will still have legal value.
According to Point c, Clause 3, Article 152 of the Land Law, in case the competent authority issuing the certificate in Article 136 of this Law discovers that the issued Certificate has not been issued for the correct area, it shall re- check, notify the land user with clear reason and decide to revoke the issued certificate that is not in accordance with regulations. The re-issuance of the Certificate after revocation shall comply with the provisions of Clause 7, Article 152 of the Land Law.
The Ministry of Agriculture and Environment informed him to know and research and implement. In case he does not agree with the results of the settlement of administrative procedures by the competent authority in the locality, he has the right to complain and file a lawsuit against the administrative decision and administrative act on land management according to the provisions of Article 237 of the Land Law.
