📋 Tender Overview
The family of Ms. Tran Thi Thanh Huyen (Tuyen Quang) cleared about 2 hectares of land since 1986 to plant forestry trees. In 2004, the family built a level 4 house of about 100 m2 on this land. Recently, Ms. Huyens family conducted measurements and completed procedures to apply for a Land Use Rights Certificate for residential land and production forest land. However, the dossier was returned by the Economic Department on the grounds that the land was in the planning of three types of forests, so it was not eligible for a Certificate. According to Ms. Huyen, Appendix I of Decree No. 151/2025/ND-CP stipulates the responsibilities of the Commune Peoples Committee in cases that must be compared with the planning, not mentioning production forest land. Ms. Huyen asked, in the case of production forest land reclaimed by people themselves, without a decision on land allocation or land lease, then when Is the issuance of a Land Use Rights Certificate subject to comparison with forestry planning? If the land area is in forestry planning, will it be granted a Certificate of Land Use Rights? Regarding this issue, the Ministry of Agriculture and Environment has the following opinion: The content of your reflection is that the specific case falls under the jurisdiction of the locality and needs to be based on archived records and specific local regulations issued under the authority to implement the Land Law for consideration and resolution; Therefore, the Ministry has no basis to respond. The Ministry of Agriculture and Environment would like to state some principles as follows: The current land law specifically regulates 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 and 140 of the Land Law. Article 138 of the Land Law stipulates the issuance of Certificates of land use rights and ownership of assets attached to land in cases where households and individuals are using land without documents on land use rights without violating the law on land, not in cases where land is allocated without proper authority. The Ministry of Agriculture and Environment would like to ask for your information and research and implementation. During the process of carrying out land-related administrative procedures, in case you do not agree with the results of the administrative procedure resolution of 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 2011 Law on Complaints.Chinhphu.vnRefer moreCan reclaimed land in 2025 have use rights recognized? See moreIs building a house on reclaimed land considered for issuance of a Certificate? See moreCan reclaimed land be granted a Certificate? See moreCan reclaimed land be granted a Certificate as residential land? See moreWhat are the conditions to convert reclaimed land into residential land? See moreCan reclaimed land be granted a Certificate to build a house?
