When merging administrative boundaries: People do not need to adjust their "red books"

Minister of Agriculture and Environment Do Duc Duy has just answered voters' questions related to the adjustment and supplementation of legal regulations on land, specifically the editing of land records and certificates when implementing the arrangement of local government from 3 levels to 2 levels.

No need to change land documents due to change of administrative unit

Minister of Agriculture and Environment Do Duc Duy informed that on April 10, 2025, the Minister signed Document No. 911 to send to localities to guide the adjustment of cadastral records, land databases and collection of natural area data in the process of rearranging the organization of local government apparatus from 3 levels to 2 levels.

After the administrative unit is reorganized, people are not required to simultaneously edit all issued land documents.

This document clearly stipulates the principles of correction, implementation methods, preservation and handover of land records from district level to commune and provincial level. “The correction of land records and land databases due to the arrangement of administrative units must be carried out simultaneously with the settlement of administrative procedures on land and assets attached to land, ensuring smoothness and no congestion for people and businesses,” Minister Do Duc Duy emphasized.

The Minister said that after the administrative unit arrangement, it is not mandatory to simultaneously adjust all issued certificates, except in cases where land users have a need or when carrying out administrative procedures related to land. For example, if previously the land certificate was issued by the city, the place name was recorded as Minh Bao commune (Minh Bao commune, Yen Bai city), now Minh Bao commune no longer exists, people still do not need to adjust anything. The documents are still fully legally valid and do not need to be changed, unless people carry out procedures such as separation, transfer, etc. At that time, the state agency will both carry out administrative procedures and adjust according to the new administrative boundaries, update data, and new plots. "People can be completely assured, they do not have to bring red books/pink books to adjust just because the name of the administrative unit has changed", Minister Do Duc Duy informed.

Instructions for handling applications for "red books" received before July 1, 2025

The Government has just issued Decree 151/2025/ND-CP regulating the decentralization of authority of local governments at two levels, decentralization, and decentralization in the land sector. Regarding the transitional provisions, the Decree clearly states that in cases where applications for land allocation, land lease, and land use purpose change have been submitted before July 1, 2025 but have not yet been resolved by competent authorities, the following shall be implemented:

- In cases under the authority of the provincial People's Committee according to the provisions of law before July 1, 2025, the Chairman of the provincial People's Committee shall now resolve them according to the procedures prescribed by the land law before the effective date of this Decree.

- In cases under the jurisdiction of the District People's Committee as prescribed by law before July 1, 2025, the Chairman of the Commune People's Committee shall now resolve them according to the procedures prescribed in this Decree. Land lease contracts signed before July 1, 2025 shall continue to be valid until the expiration date stated in the contract.

Land registration dossiers, properties attached to land, issuance of Certificates of land use rights, ownership of properties attached to land that have been received before July 1, 2025 but have not been resolved by competent authorities shall be implemented as follows:

- In cases under the authority of the Provincial People's Committee according to the provisions of law before July 1, 2025, they shall now be resolved according to the procedures prescribed by the land law before the effective date of this Decree.

- In cases under the authority of the District People's Committee according to the provisions of law before July 1, 2025, the Chairman of the Commune People's Committee shall now resolve them according to the procedures prescribed in this Decree.

- In the case of localities that are developing land price lists to be announced and applied from January 1, 2026, and now implementing the 2-level local government model, the provincial People's Committee of the new administrative unit shall continue to perform the task of developing land price lists to promptly announce and apply from January 1, 2026 in accordance with the law.

According to the Ministry of Agriculture and Environment, the 2024 Land Law and its implementing decrees, there are 66 administrative procedures in the land sector. Of which, 2 procedures are at the central level; 42 procedures at the provincial level are mainly for organizations and enterprises; 21 procedures at the district level and 1 procedure at the commune level is mainly for land dispute mediation.

In the transition to a two-tier local government model, most district-level procedures will be transferred to the commune level. However, complex issues such as land valuation will be transferred to the province. Site clearance, land allocation, land lease, and land use conversion, which were previously at the district level, will now be transferred to the commune level (42 procedures). The Ministry of Agriculture and Rural Development is also reviewing the 2024 Land Law and its guiding decrees and circulars to submit to the National Assembly for consideration and amendment at the 10th session in October this year. The goal is to adjust and perfect the land law system in a synchronous and unified manner nationwide.

Social Work Committee

Source: https://www.sggp.org.vn/khi-sap-nhap-dia-gioi-hanh-chinh-nguoi-dan-khong-can-dieu-chinh-so-do-post800174.html