On the Government Information Portal, Ms. P.T.H in Da Nang reflected that her family is living on a land plot originating from reclaimed land in 1995, with a total area of 530 m2. In which, the 200 m2 area has papers on land use rights according to the provisions of Article 137 of the 2024 Land Law.
On an area of 200 m2, in 2004, her family was awarded a charity house by the state and has lived stably to this day.
The remaining 330 m2 adjacent area is identified by local authorities as encroached land due to reclaiming, the current status is being used for annual crop planting.
According to the general plan, the entire 530 m2 land plot of her family is identified as existing residential land. At the same time, according to the old district-level land use plan until 2030, the entire area of this land plot is planned as residential land and other annual crop land.
In comparison with the provisions of the 2024 Land Law, the area of 200 m2 with land use right papers falls under the case specified in Article 137, so red books are issued to households, individuals, and residential communities that are using land with legal papers. According to the provisions of Article 141 of the 2024 Land Law, for land plots formed from October 15, 1993 to before the effective date of this Law, the residential land area is determined according to land use right papers.
For the remaining land area of the land plot after the residential land area has been determined according to the above regulations, if the current state of use is agricultural land, it is recognized as agricultural land.
In case the land user has a need to be recognized for non-agricultural land purposes and is in accordance with land use planning or general planning, zoning planning, construction planning, rural planning, it is considered for recognition according to that purpose but must fulfill financial obligations according to regulations.
Ms. H asked, in case her family registers to apply for a red book for the entire 530 m2 land plot with the land use purpose being residential land, based on Article 137, Clause 3, Article 141 and Point c, Clause 4, Article 141 of the 2024 Land Law, will it be approved by competent authorities or not?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
The application of policies to consider and issue certificates to households and individuals who are using land needs to be based on each specific case and needs to be based on dossiers, therefore, the Ministry of Agriculture and Environment has no basis to answer specifically.
The Ministry of Agriculture and Environment has opinions on the following principles:
According to point a, clause 6, Article 141 of the 2024 Land Law, the re-determination of residential land area of households and individuals in cases where residential land plots have gardens, ponds, and residential land that have been granted certificates before July 1, 2004 when land users have a need or when the state recovers land is carried out for cases with one of the types of documents specified in clauses 1, 2, 3, 5, 6 and 7, Article 137 of the Land Law. For the area without documents specified in Article 137, it does not fall into the case of re-determination of residential land area.
Clause 3, Article 138 of the Land Law stipulates the issuance of certificates of land use rights and ownership of assets attached to land for households and individuals who are using land without papers on land use rights but do not violate land law, do not fall into the case of land being allocated without proper authority, using land from October 15, 1993 to before July 1, 2014.
The issuance of first certificates to households and individuals needs to be based on land management records stored in the locality, under the jurisdiction of the Chairman of the Commune-level People's Committee (stipulated in Clause h, Point 1, Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government).
The Ministry of Agriculture and Environment informs her to know, research, and contact the competent authority in the locality to be guided on resolving the first-time certificate issuance according to regulations.
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