
In 2007, Mr. Ha Thai purchased a portion of his neighbor's land. In 2009, the land was surveyed and divided into two plots. Mr. Thai asks if he can now obtain a land use right certificate. Should the time of land use be determined by the purchase and sale documents or by the time the seller used the land (currently there is a house on the land, and the owner has been using it since 1990)?
The Ministry of Agriculture and Environment responded to this issue as follows:
The issue raised by Mr. [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.
Simultaneously, 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. These decisions specify each land procedure, including: the sequence of implementation; the method of implementation; the components and quantity of documents; the processing time; the subjects of the administrative procedure; the agency implementing the administrative procedure; the results of the administrative procedure; fees and charges; the name of the application form/declaration; requirements and conditions for implementing the administrative procedure (if any); and the legal basis of the administrative procedure.
The Ministry of Agriculture and Environment has informed you of this and is seeking your consideration for implementation.
Source: https://vtv.vn/thu-tuc-cap-giay-chung-nhan-quyen-su-dung-dat-100251204150809869.htm






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