Mrs. Gap's family has used the land for perennial crops as a yard, gate, and shade trees since 1993 and has paid non-agricultural land tax since the Law on Non-agricultural Land Use Tax was enacted.

Mrs. Gap asked whether her family's land plot falls under the provisions of Point a, Clause 3, Article 7, Decree No. 102/2024/ND-CP (land type is determined according to current usage status)? If so, what is the procedure for issuing and changing the land use certificate?

The Ministry of Natural Resources and Environment responded to this issue as follows:

Because the content of your petition is a specific case and falls under the jurisdiction of the local government, the Ministry of Natural Resources and Environment has no basis to respond specifically. The Ministry of Natural Resources and Environment has the following opinion on the principle:

Clause 21, Article 3 of the 2024 Land Law stipulates that the Certificate (including the Certificate issued under relevant laws, all of which have the same legal value as the Certificate under the 2024 Land Law) is a legal document for the State to confirm the land use rights and ownership of assets attached to the land of the person with the right to use the land and the right to own assets attached to the land. Accordingly, the rights of the land user have been confirmed according to the information on the issued Certificate.

The order and procedures for issuing and exchanging issued Certificates are stipulated in Article 38 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.

We request that you study the above provisions to comply with the provisions of law.

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