Applying for a land use right certificate of 1,311 m2 from 724 m2 papers, can land use fees be exempted or reduced?

Xuyên Đông |

The Ministry of Agriculture and Environment has just answered citizens about wounded soldiers making land red books assigned from 1987. However, the actual area is larger than on paper.

Mr. D. C. M in Hanoi reflected that his father was born in 1945, a 1/4 wounded soldier (81% of working capacity loss), enlisted in 1963, awarded the First-class Resistance War Medal against the US for National Salvation and the Medal "Revolutionary Soldier arrested and imprisoned by the enemy".

In 1979, when returning to the locality, the family was arranged to live on the old warehouse of the Department of Irrigation that had been abandoned since 1976. In 1986, when the Department of Irrigation conducted asset valuation, Mr. M's father bought back this warehouse.

On August 22, 1987, on the occasion of the 40th anniversary of War Invalids and Martyrs' Day, the Party Committee and the Commune People's Committee verified and mortgaged land for his family to use for a long time with an area of 724 m2. However, when re-measuring now, the actual area of the land plot is 1,311 m2.

Mr. M asked, in this case, can his father carry out procedures to get a red book? If issued, what financial obligations and costs will the family have to fulfill?

Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:

The content of his reflection is that the specific case is under the jurisdiction of the locality and needs to be based on archival records, specific regulations that the locality has issued according to the authority to enforce the Land Law to consider and resolve; therefore, the Ministry has no basis to answer.

The Ministry 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 determination of residential land limits according to the provisions of Article 141 of the Land Law.

According to the reflection, his father is a war invalid and is eligible for land use fee exemption or reduction.

Therefore, it is proposed that he study Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government stipulating land use fees and land rent (amended and supplemented in Decree No. 291/2025/ND-CP dated November 6, 2025 of the Government) to know and implement.

In case there are still problems, please contact the Ministry of Finance for guidance according to functions and tasks.

Xuyên Đông
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