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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 using land in Articles 137, 138, 139, 140 and 141 of the Land Law. Mr. Nguyen Van Trung (Hanoi) is authorized to submit the application for a Certificate of Land Use Rights for the familys land plot. Mr. N.H.Hs family has the origin and use process as follows: The land plot is pond land, belonging to plot number 14, map sheet number 13 (cadastral map in 1994) in Mai Dich ward, Cau Giay (old). The original origin of the land plot belonged to Mr. N.H.T before 1955. After Mr. T passed away in 1955, Mrs. N.T.M continued to use this pond. The use is shown on cadastral records and maps from 1960 and 1978 kept in the locality. In 1965, according to the States management policy at that time, Mai Dich Agricultural Cooperative managed all private ponds and lakes in the locality, including the above mentioned pond to serve agricultural production. In 1979, due to loose management by the Cooperative, Mr. N.H.H directly used it. pond to continuously stock fish for many years. On the current status map prepared in 1986 and the accompanying management books, it shows land plot No. 106, map sheet No. 5, an area of 544 m2 of pond land in the name of Mr. N.H.H. On January 13, 1992, Mr. N.H.H had an Application to build a house on pond land and it was confirmed and stamped by the Peoples Committee of Mai Dich town. After receiving local approval, Mr. Hs family leveled the pond, built a level 4 house to live in and use stably, and has paid real estate taxes up to now. Now the old house has collapsed. In 2009, Cau Giay District Peoples Committee (old) and in 2011, City Peoples Committee. Hanoi has issued a document confirming that Mr. H is eligible to be granted a Land Use Rights Certificate, and requested specialized agencies to guide his family through the procedures. In 2025, Mr. Hs family applied for a Certificate but was rejected by the Peoples Committee of Phu Dien ward (Mai Dich ward merged into Phu Dien), with the reason: the land plot is in the land planning for agencies and schools; The application to build a house was certified by the Peoples Committee of Mai Dich town in 1992, but the 1994 inventory still recorded pond land. Through research, Mr. Hs land area only had a 1/2000 planning, no project implementation, no decision or notice of land recovery. In fact, many families are still granted Land Use Rights Certificates, but with additional content on the red book showing planning. Mr. Trung asked, is Mr. Hs plot of land eligible for a Land Use Rights Certificate (with planning recorded) or not? How does the duration of land use for residential purposes determine the issuance of a book, and is it regulated in any legal documents? How does the law regulate the issuance of Land Use Rights Certificates for land in planning but no decision or notice of revocation? The Ministry of Agriculture and Environment responded to this issue as follows: The content of your reflection is a specific case and needs to be based on archived records and specific local regulations issued according to the authority to consider and resolve; Therefore, the Ministry of Agriculture and Environment does not have enough information and basis to respond specifically. The Ministry would like to state some principles as follows: The 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 currently using land in Articles 137, 138, 139, 140 and 141 of the Land Law. In the above Law articles, there are specific provisions on cases of current land use that must ensure the conditions or conditions when granting a Certificate. There is no requirement to ensure conditions consistent with district-level land use planning or general planning or zoning planning or construction planning or rural planning. The Ministry of Agriculture and Environment will inform you and study and implement. During the process of implementing land-related administrative procedures, if you do not agree with the results of administrative procedures resolved by the local competent authority, you have the right to complain or sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the Law on Complaints 2011.Chinhphu.vnRefer moreIn the book listing cooperative land, can people be granted a Certificate? see moreHow to issue a Certificate to the sub-lessee of land?See moreLand purchased with handwritten paper, what is the basis for issuing a Certificate?See moreForest land allocated for housing before 2004 can be issued with a CertificateSee moreComponents of application dossier for issuance of Land Use Rights Certificate
