Red book not issued because official announces cemetery land

Xuyên Đông |

A citizen in Da Nang reflected that for many years they have gone to carry out procedures to get red books but have not been granted them. Recently, commune officials announced that there is cemetery land in the land plot.

Mr. N.D.T in Da Nang reflected that in 1992, his grandmother and parents moved down to the village to live, were allocated land by the village head with handwritten papers, and built a permanent house on the land until now, but through major floods, all papers were lost.

For many years, Mr. T's family has not been able to get a red book. Recently, Mr. T learned that the Government is implementing the issuance of red books for families who do not have them, and his family has also completed measurement procedures and went to the commune land office to carry out procedures.

The official informed that his family's land cannot be used, because in the land there is cemetery land, crop land... some surrounding houses are also in the same situation as his family.

Mr. T requested competent authorities to guide his family to get a red book.

The Ministry of Agriculture and Environment answers this question as follows:

The content of his reflection is that the specific case is under the jurisdiction of the locality and needs to be based on archived records and specific regulations that the locality has issued according to its authority to enforce the Land Law for consideration and resolution. Therefore, the Ministry of Agriculture and Environment has no basis to answer.

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 and 140 of the Land Law.

The Government has fully regulated the components of dossiers submitted, order, and procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 and Decree No. 151/2025/ND-CP dated June 12, 2025.

At the same time, the Minister of Agriculture and Environment has issued Decisions No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures in the field of land under the state management functions of the Ministry of Agriculture and Environment.

Accordingly, the Ministry has stipulated specific land procedures, including: (1) Implementation order; (2) Implementation method; (3) Composition, number of dossiers; (4) Resolution time; (5) Subjects of administrative procedures; (6) Agencies implementing administrative procedures; (7) Results of administrative procedures; (8) Fees and charges; (9) Form names, declarations; (10) Requirements and conditions for implementing administrative procedures (if any); (11) Legal basis of administrative procedures.

The Ministry of Agriculture and Environment informed him to know and study implementation. In the process of carrying out administrative procedures on land, if he does not agree with the results of resolving administrative procedures of competent authorities in the locality, he has 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.

Xuyên Đông
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