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Ms. Le Duy My Hanh ( Ho Chi Minh City) purchased 120 m² of agricultural land in 2000 but was unable to obtain a building permit. Having no place to live, she built a house on that land in 2012 and has been residing there ever since. She has electricity and water contracts showing that her house has been in use since 2012.
In 2017, Ms. Hanh applied to the district where she resided for a house number and was granted one. The district also confirmed in its decision that her residence was stable and undisputed.
Later, Ms. Hanh went to the Ward People's Committee to apply for a land and house ownership certificate, but was told that the land had already been allocated to the previous owner, so it was not a case of issuing a certificate for the first time, even though the previous owner's land use right certificate had expired in 2018. Furthermore, that portion of the land had been sold to many people, and Ms. Hanh only owned a small part of it.
When Ms. Hanh went to the district office to inquire, they replied that because the previous owner's land use right certificate had expired, and she was the current owner of the house and land, she should go to the ward office to submit an application for a new land use right certificate.
However, upon returning to the ward office this time, she was explained that her house was built illegally on agricultural land and required administrative action (demolition and restoration to its original state). Furthermore, her house was located on a plot of land without access roads according to the cadastral map, so a land certificate would not be issued. This was despite the fact that her house and many other houses on this land had access roads nearly 3 meters wide and were occupied by residents.
Ms. Hanh asked whether, in her case, she could obtain a Certificate of Land and House Ownership under Decree No. 101/2024/ND-CP.
The Ministry of Agriculture and Environment responded to this issue as follows:
The issue raised by Ms. [Name] falls under the jurisdiction of the local authorities and requires consideration and resolution based on archived records and specific regulations issued by the local authorities to implement the Land Law; therefore, the Ministry has no basis to respond. The Ministry would like to state the following principles:
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 currently using land, as stipulated in Articles 137, 138, 139, and 140 of the Land Law.
The government has fully stipulated the required documents, procedures, and steps for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024, and Decree No. 151/2025/ND-CP dated June 12, 2025.
At the same time, the Minister of Agriculture and Environment issued Decisions: No. 2304/QD-BNNMT dated June 23, 2024, and No. 3380/QD-BNNMT dated August 25, 2025, announcing administrative procedures in the field of land within the scope of state management functions of the Ministry of Agriculture and Environment. Accordingly, it stipulated each specific land procedure, including: (1) Implementation sequence; (2) Implementation method; (3) Components and quantity of documents; (4) Time for resolution; (5) Subjects performing the administrative procedure; (6) Agency performing the administrative procedure; (7) Results of performing the administrative procedure; (8) Fees and charges; (9) Name of application form, declaration; (10) Requirements and conditions for performing the administrative procedure (if any); (11) Legal basis of the administrative procedure.
The Ministry of Agriculture and Environment informs you of this for your consideration and implementation. During the process of carrying out administrative procedures regarding land, if you disagree with the outcome of the administrative procedure by the competent local authority, you have the right to file a complaint or lawsuit against the administrative decision or action concerning land management, as stipulated in Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
Source: https://vtv.vn/quy-dinh-ve-cap-quyen-su-dung-dat-lan-dau-10025122218571656.htm
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