On the Government Portal, Mr. H.T in Quang Ngai said that in 2019, his mother divided the family's land plot into 4 parts to divide among 4 children.
The current status of the plot of land has 300 m2 of residential land, to divide 100 m2 of residential land equally among each child, his mother has applied to change the land use purpose by 100 m2 and has paid.
When the officer contacted to sign the documents, Mr. T's mother could only sign according to the submitted documents, without any instructions or explanations about the location marking the land to be converted into residential land.
In early 2025, Mr. T's mother divided the land to her children. When reviewing the red book, Mr. T discovered that the location of the land converted into residential land of the 3 plots of land was very inadequate, right on the road frontage, only 3 m wide, while the plot of land was 35-40 m long, with 2 plots of land converted into residential land lying across the entire plot of land (plot 7 m wide, plot over 10 m wide).
Due to the need to convert to residential land for house construction, the marking location is unreasonable and according to the current planning, the road is up to 8 m, completely losing the land that has been converted to residential land.
His family cannot be built solidly, the land converted into residential land cannot be used or used because he thinks that no one can build a house close to the national highway, with no yard, while the land behind is still a lot.
Mr. T requested the competent authority to guide him to carry out procedures to adjust the location of residential land to the original purpose.
The Ministry of Agriculture and Environment responds to this issue as follows:
Due to the unclear reflection and recommendation on the information shown on the issued Land Use Rights Certificate, the Ministry has no basis to give a specific answer.
The Ministry of Agriculture and Environment has the following general opinion:
In case the issued red book shows the specific location of the residential land area but is different from the current status of use at the time of approval for the Certificate, it is not in accordance with the provisions of law.
The Land Law does not have regulations on determining the location and area of residential land when granting a Certificate for a residential land plot with a pond garden, the land user is allowed to determine the residential land area according to the local recognized limit.
In case the Certificate has been issued incorrectly in accordance with the provisions of law, it is necessary to correct or revoke and reissue the Certificate according to the provisions of Articles 152 and XIV and XV, Containers C, Part V, Appendix I issued with Decree No. 151/2025/ND-CP, without carrying out procedures for changing land use purposes due to changes in residential land location.
The Ministry of Agriculture and Environment provides information for him to know, research, and contact the competent authority in the locality for settlement according to regulations.
In case he does not agree with the results of the settlement of administrative procedures, he has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law.
