On the Government Information Portal, Mr. H.V.D in Hung Yen reflected that his uncle had a land plot assigned by the commune in 1986 because his old residence was landslide. The family has lived on the land plot since then but has not been granted any papers by the local authorities.
This is a case of land allocation not under authority according to Article 140 of the Land Law, but now there are no papers, Mr. D asked, so can you carry out procedures for land registration and first-time red book issuance for land without papers according to Article 138 of the Land Law?
If it is not possible, what is the solution to the problem when land is allocated not under authority but without land allocation documents?
The Ministry of Agriculture and Environment answers this question as follows:
Because the content of his reflection is a specific case under the jurisdiction of the locality, based on management records and guiding documents for the implementation of the Land Law that have been promulgated, the Ministry of Agriculture and Environment has no basis to answer in detail.
The Ministry would like to mention a number of regulations on principles as follows:
In case the land user or competent authority has documents, records, and papers showing that the commune-level People's Committee has carried out the allocation of land for Mr. Uncle's family to use, Mr. Uncle's family is considered for issuance of certificates of land use rights and ownership of assets attached to land according to the provisions of Article 140 of the Land Law.
In case there are no more papers and documents as reflected in the reflection and your family rejects the land use of the land plot, which does not violate land law, and there is no dispute, it is considered for issuance of a certificate according to the provisions of Article 138 of the Land Law.
The order and procedures for issuing initial certificates to households and individuals using land are implemented according to the provisions of point V of content C part V of Appendix 01 issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.
The Ministry of Agriculture and Environment requests you to contact competent authorities in your locality for guidance and resolution according to the provisions of law.
