Commune refuses to issue red books for agricultural land with plots of land showing ponds and gardens in cadastral records

Xuyên Đông |

Citizens reported that their land plot was recorded as garden pond land in the cadastral records. However, the commune refused to issue red books for agricultural land because it did not have enough documents.

Ms. T.T.T in Hung Yen reflected that her family was allocated land since 1993, in 2000, when adjusting the additional allocation, the family applied to allocate the land to the converted planning area allowed for gardening and ponds.

The 2006 survey records showed the type of land as gardens and ponds (land map in 2006). Now her family wants to issue a red book, but it has been answered because there are no documents allowing the conversion from rice-growing land to garden and pond land, so the agricultural land cover cannot be issued. The commune also did not keep any documents proving that her family was allowed to convert.

Her family used the land stably, without disputes, and in accordance with the planning. Ms. T asked, what should you do to get a red book for agricultural land?

The Ministry of Agriculture and Environment responds to this issue as follows:

The content of her reflection is a case under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution. Therefore, the Ministry has no basis to answer.

The Ministry would like to point out some principles as follows:

The current land law has stipulated the issuance of certificates of land use rights and ownership of assets attached to land for the first time to households and individuals currently using land in Articles 137, 138, 139 and 140 of the Land Law.

The Government has fully regulated the components of the submission dossier, 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 issued Decisions: No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures for the land sector under the state management of the Ministry of Agriculture and Environment.

Accordingly, the law has stipulated each specific land procedure, including: (1) Implementation procedures; (2) Implementation methods; (3) Components, number of records; (4) Processing time; (5) Subjects performing administrative procedures; (6) Agencies performing administrative procedures; (7) Results of administrative procedure implementation; 8. Fee, fee; 9. Name of application form, declaration; 10. Requirements, conditions for performing administrative procedures (if any); 11. Legal basis of administrative procedures.

The Ministry of Agriculture and Environment informed her to know and research and implement.

Xuyên Đông
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