On the Government Portal, Mr. D.T.N in Dong Thap said that he has 1,500 m2 of rice land that has been granted a red book. In February 2008, he built a house on this plot of land. After that, the District People's Committee issued a decision to fine him for using the land for the wrong purpose.
The penalty decision stipulates that Mr. Ngoc must register land changes.
Mr. N asked, based on the provisions of the 2024 Land Law, Decree No. 101/2024/ND-CP, No. 123/2024/ND-CP, and at the same time, his land plot is in accordance with construction planning, land use planning... is he allowed to submit a Certificate, application for registration of changes, penalty decision, and payment document to be granted a red book from rice land to residential land and does not have to carry out the process of applying for permission to change land use purpose from a state agency according to Article 121 of the 2024 Land Law?
The Ministry of Agriculture and Environment responds to this issue as follows:
Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates the issuance of Certificates of land use rights in cases of land use for cases where land use rights are not for the right purposes assigned, leased, or recognized (ie have been granted a Certificate of land use rights) before July 1, 2014 (Article 25 detailing Clause 3, Article 139 of the 2024 Land Law).
In case a Certificate has been granted, the registration of changes in land and assets attached to land shall be carried out according to the provisions of Section II, Sub-B, Section VI, Sub-C, Part V, Appendix I issued with Decree No. 151/2025/ND-CP.
In Part II.2 Section II, Part B, Part V of Appendix 01 issued with Decree No. 151/2025/ND-CP, one of the types of documents related to the content of changes in land and assets attached to land for each specific case is stipulated.
Accordingly, Clause 22 stipulates: "In the case specified in Point b, Clause 6, Article 25 of Decree No. 101/2024/ND-CP, the decision to sanction administrative violations in the field of land shall be submitted; the payment document of the land user".
Pursuant to the above provisions, in cases where a land plot has been granted a red book but arbitrarily changes its land use purpose and must be permitted by a competent State agency before July 1, 2014 and there is a decision to sanction administrative violations in the field of land as Mr. N asked, it is carried out according to the land change registration dossier (the submitted dossier includes the penalty decision, payment document, Land use right certificate and land change registration application) to be granted a Land Use Right Certificate according to the type of land after arbitrarily changing the land use purpose.
