Thanh Hoa province proposes removing obstacles in thousands of cases of land allocation done without proper authority.

Thanh Hoa province has sent a document to the Ministry of Agriculture and Environment to address difficulties related to the issuance of land use right certificates for land allocated without proper authority.

Shortcomings in issuing land ownership certificates for cases of land allocation without proper authority.

According to the Thanh Hoa Department of Agriculture and Environment, in implementing the 2024 Land Law, the province still faces obstacles related to legal regulations on granting land use right certificates for cases where land was allocated without proper authority; compensation and support for garden and pond land within the same residential plot, affecting the issuance of initial land use right certificates to households and individuals, and the progress of land clearance for investment projects using land, specifically:

According to Clause 38, Article 3 and Article 140 of the 2024 Land Law, households and individuals who were allocated residential land without proper authority as prescribed by law at the time of allocation, but have not yet built houses, will only be considered for the issuance of a Certificate of Land Use Rights based on the current land use status (not classified as residential land).

Thousands of households who were illegally allocated land still have not had their rights protected. Photo: NN-MT.

This leads to difficulties in issuing land use right certificates to households and individuals who were allocated residential land without proper authority at the local level, because after being allocated residential land, many land users have not yet built houses; on the other hand, in some cases, land was allocated without proper authority and no houses were built, but land use right certificates were issued according to the provisions of the 2013 Land Law.

"This leads to unfairness between households that were allocated residential land without proper authority but have not yet built houses, and those who were allocated residential land without proper authority and have already built houses, or those who were allocated residential land without proper authority, have not yet built houses but have been granted Certificates of Land Use Rights according to the provisions of the 2013 Land Law," the document stated.

Land acquisition is facing difficulties because residents do not meet the compensation eligibility criteria.

According to the Department of Agriculture and Environment, as of October 10, 2025, the total number of cases of land allocation and leasing without proper authority that have not been granted initial land use right certificates in Thanh Hoa province is 18,639, with a total area of ​​1,315.34 hectares (17,660 cases with an area of ​​880.11 hectares were allocated for residential purposes); many of these cases have not yet had houses built, leading to difficulties in granting land use right certificates or in land clearance when the State reclaims land for investment projects using the land.

According to Clause 38, Article 3 of the 2024 Land Law and Clause 3, Article 5 of Government Decree No. 88/2024/ND-CP dated July 15, 2024, on compensation, support, and resettlement when the State recovers land, households and individuals currently using land allocated for residential purposes without proper authority, who have not been granted a Certificate of Land Use Rights for residential land, and who have not built houses on the land, are not eligible for compensation for residential land. This has led to negative reactions from those whose land is being recovered, causing difficulties in compensation and land clearance for investment projects using land in the area.

Furthermore, according to Article 10 and Clause 2, Article 91 of the 2024 Land Law, when the State reclaims land for project implementation, the area of ​​garden and pond land within the same residential plot is determined and compensated according to the agricultural land classification; however, in reality, the area of ​​garden and pond land within the same residential plot, when people transfer land use rights, often has a value equivalent to residential land.

Currently, Thanh Hoa province is facing difficulties and obstacles in compensating and supporting the state in land acquisition for garden and pond areas within the same residential land plot, because people do not agree with the compensation and support plan that classifys garden and pond land within the same residential land plot as agricultural land.

To address the aforementioned difficulties and obstacles, the People's Committee of Thanh Hoa province reports to the Minister of Agriculture and Environment for consideration and submission to the competent authority to amend Article 140 of the 2024 Land Law or to add content to the Resolution stipulating some mechanisms and policies to remove difficulties and obstacles in the implementation of the 2024 Land Law in order to resolve the difficulties and obstacles in Thanh Hoa province.

"Cases where residential land was allocated without proper authority, whether or not there is a house on the land, will be considered for the issuance of a Certificate of Land Use Rights according to the residential land type and will have to fulfill financial obligations as prescribed; at the same time, guidance will be provided on compensation and support when the State reclaims land for garden and pond areas within the same residential land plot," the proposal stated.

Source: https://nongnghiepmoitruong.vn/thanh-hoa-kien-nghi-go-vuong-hang-nghin-truong-hop-giao-dat-sai-tham-quyen-d788603.html