Mr. Duong The Ngoc (Dong Thap) asked, in the case of having a Certificate, now there is a decision to sanction administrative violations in the land sector (arbitrarily changing the purpose of using agricultural land to non-agricultural land) and falling under the case of having to ask for permission from the competent State agency before July 1, 2014, is it possible to carry out a registration file for changes to be granted a Certificate from agricultural land to non-agricultural land (residential land...) and falling under the case of having to ask for permission or not?

Or is the regulation on land registration according to Point b, Clause 6, Article 25 of Decree No. 101/2024/ND-CP only for the purpose of registering changes in cases where the land plot does not meet the conditions for changing the purpose of using land and only updating the cadastral records for the State management agency to monitor and not to issue a replacement Certificate of change of purpose of using land on the issued Certificate?

Due to the implementation of the above regulations in some localities at the district level (now commune level) there are still shortcomings, there is no consensus on the implementation and understanding. Some localities allow the use of penalty decisions to implement changes from agricultural land to residential land... without requiring a decision to allow the change of land use purpose in cases where permission is required; some localities require a decision to allow the change of land use purpose before being granted a Certificate of change of land use purpose.

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

Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land survey; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates the issuance of Certificates of land use rights for cases of land use not for the purposes assigned, leased, or recognized (i.e., having been granted a Certificate of land use rights) before July 1, 2014 (Article 25 details Clause 3, Article 139 of the 2024 Land Law), in which, at Point b, Clause 6, Article 25 stipulates: "In cases where a Certificate has been granted, registration of changes in land and assets attached to land shall be carried out in accordance with the provisions of Articles 29 and 37 of this Decree".

Article 29 of Decree No. 101/2024/ND-CP stipulates the documents to be submitted when registering land changes, in which Clause 3, Article 29 stipulates: "One of the types of documents related to the content of land changes and assets attached to land for each specific case as prescribed in Article 30 of this Decree".

Clause 21, Article 30 stipulates: "In the case prescribed in Point b, Clause 6, Article 25 of this Decree, submit the Decision on administrative sanctions in the land sector, which shows the remedial measure of compulsory land registration; and the land user's fine payment voucher".

Based on the above provisions, in the case of a land plot that has been granted a Certificate of Land Use Rights but arbitrarily changes the land use purpose, which is subject to permission from a competent state agency before July 1, 2014 and has a decision on administrative sanctions in the land sector as Mr. Ngoc asked, it is implemented according to the land change registration dossier (the submitted dossier includes the decision on sanctions, fine payment documents, Certificate of Land Use Rights and application for land change registration) to be granted a Certificate of Land Use Rights according to the land type after arbitrarily changing the land use purpose.

The Ministry of Agriculture and Environment would like to inform you of some regulations so that you know and comply with the provisions of law.