Basis and authority for considering the issuance of the first-time land use right certificate.

VTV.vn - Current land laws already have regulations on the issuance of Certificates of Land Use Rights and Ownership of Other Assets Attached to Land for the first time to individuals and households...

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Mr. Pham Dang Dat ( Hue ) asks: Mr. A owns a plot of reclaimed land on which he has built a house and has been living there since 1999. Does this constitute a violation of land law?

According to land records, the land plot was registered and declared for use by Mr. A in 2003, with the intended use being urban residential land and land for perennial crops. Mr. Dat asks whether Mr. A should apply for a Certificate of Land Use Rights and Ownership of Assets Attached to the Land under Article 138 or Article 139 of the 2024 Land Law?

The Ministry of Agriculture and Environment responded to this issue as follows:

The application of policies for reviewing and issuing land use certificates to households and individuals should be based on each specific case and on local land management records. The Ministry of Agriculture and Environment has the following principled opinion:

Current land laws already stipulate the issuance of Certificates of Land Use Rights and Ownership of Other Assets Attached to Land for the first time to individuals and households currently using land, as specified in Articles 137, 138, 139, 140, and 141 of the 2024 Land Law.

The procedures for initial registration of land and assets attached to land for individuals, residential communities, and households using land, and the procedures for initial issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land, are stipulated in Section II and Section V, Content C, Part V, Appendix I, issued with Government Decree No. 151/2025/ND-CP dated June 12, 2025, regulating the delineation of authority of local governments at two levels, and the delegation and decentralization of power in the field of land.

The issuance of the initial Certificate of Land Use Rights to households and individuals falls under the authority of the Chairman of the People's Committee at the commune level (as stipulated in point b, clause 1, Article 5 of Decree No. 151/2025/ND-CP).

The Ministry of Agriculture and Environment informs you of this so that you can study the matter and contact the competent local authorities for resolution in accordance with regulations.

Source: https://vtv.vn/can-cu-tham-quyen-xet-cap-giay-chung-nhan-quyen-su-dung-dat-lan-dau-100251215151629655.htm