Mr. H.P.D in Quang Tri reflected: In 2025, Mr. Vo Van A submitted an application for a residential red book at land plot No. B, map sheet No. C, application area 200 m2.
Origin of using reclaimed land and using perennial crop land from 1975, until June 1, 2014, Mr. A built a house on this land plot, by 2025, Mr. A applied for a red book of residential land for the land plot.
According to the cadastral map in 2006, land plot No. B is perennial crop land. According to the general planning map approved in 2025 by the ward, land plot B is planned as commercial - service land.
Mr. D asked, is Mr. Vo Van A eligible to apply for a first-time residential land red book according to Article 138 of the 2024 Land Law?
According to Clause 4, Article 3 of Decree No. 123/2024/ND-CP: "A household or individual who uses land before October 15, 1993 without a written violation handling document from a competent state agency before the 2024 Land Law takes effect shall not be handled according to the provisions of this Decree", will Mr. A be fined and restored to the original state? (from before until 2025, Mr. A has not been fined).
The Ministry of Agriculture and Environment answers this question as follows:
The content of your reflection is a specific case under the jurisdiction of the locality based on management records and legal regulations promulgated in the locality. Therefore, the Ministry of Agriculture and Environment does not have a basis for a specific answer. The Ministry would like to state some regulations on principles as follows:
Regarding the issuance of land use right certificates
Clause 4, Article 139 of the Land Law stipulates: "Households and individuals who are using agricultural land due to self-deforestation, without disputes, are granted certificates of land use rights and ownership of assets attached to land by the state according to the agricultural land allocation limit prescribed by the provincial-level people's committee; if exceeding the limit prescribed by the provincial-level people's committee, the area exceeding the limit must be converted to leasing land from the state".
In case the land user does not have papers on land use rights specified in Article 137 but is not in the case specified in Article 139 and Article 140, a certificate is considered for issuance according to the provisions of Article 138 of the Land Law.
Regarding administrative violation sanctions:
The application of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government is as follows:
Not to implement administrative sanctions for violations that occurred before October 15, 1993.
Determining acts of using land for wrong purposes: Only applies to cases where the original land use purpose (before changing the land use purpose) is determined, as shown on the documents that have been allocated land by the state, leased land, recognized land use rights and legal documents as prescribed in Article 137 of the Land Law;
For land reclamation acts:
In case the reclamation belongs to "projects or lists or documents on relocating people to build new economic zones, resettlement relocation approved by district-level, provincial-level people's committees or competent agencies with the name of the land user" as prescribed in point i, clause 1, Article 137 of the Land Law, it is not subject to administrative sanctions and is considered for issuance of Certificates according to Article 137 of the Land Law.
In case of free reclamation as prescribed in Clause 4, Article 139 of the Land Law and there is sufficient basis to determine that it is an act of encroachment as prescribed in Clause 9, Article 3 of the 2024 Land Law and Article 13 of Decree 123/2024/ND-CP, consideration should be given to penalizing the act of land occupation.
Regarding land classification, it has been stipulated in Article 10 of the 2024 Land Law and the authority of the chairman of the district-level People's Committee to transfer to the chairman of the commune-level People's Committee in issuing land use right certificates has been stipulated in Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.
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