Mr. P.N.T in Bac Ninh reflected that his father received the transfer of a land plot from a person in the same village with handwritten papers, in which the content was the transfer of a rice field. In August 1992, his father built a house on this land plot.
Currently, Mr. T's father is making a dossier requesting the first red book for the above-mentioned land plot, the dossier has been fully verified.
The Commune Economic Department determined that this is a case of violation of land law and proposed to issue a red book according to Clause 3, Article 139 of the 2024 Land Law.
Through studying the provisions of the 2024 Land Law, Mr. T believes that the case of his family's land plot belonging to point a, clause 2, Article 138 of the Land Law is more appropriate.
Mr. T asked, in the case of his father's land when considering issuing a red book for the first time, which articles and clauses of the 2024 Land Law are applied?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
The application of policies to consider and issue certificates to households and individuals using land needs to be based on each case and needs to be based on dossiers, therefore, the Ministry of Agriculture and Environment has no basis to answer specifically.
The Ministry of Agriculture and Environment has opinions on the following principles:
Current land laws such as the 2024 Land Law and guiding documents, detailed regulations for implementation (Decree No. 101/2024/ND-CP, Decree No. 151/2025/ND-CP, Decree No. 226/2025/ND-CP...).
The issuance of first certificates to households and individuals who are using land but have land use right documents specified in Article 137 of the Land Law, do not have land use right documents specified in Article 138 of the Land Law, and have violations of land law specified in Article 139 of the Land Law, falls under the case of land allocation not within the authority specified in Article 140 of the Land Law.
The Ministry of Agriculture and Environment would like to provide information for you to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
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