Tue, Oct 14, 2025, 14:38:00
The land plot originated from the Commune People's Committee granting residential land to Ms. A in 1992 with payment, Ms. A has paid the full land use fee.
The land is suitable for residential land planning, there is no land dispute, property attached to the land; the current status is only surrounded by walls, there is no house or construction serving life on the land.
According to the old regulations, if Ms. Thuan's uncle submits an application for a Certificate of Land Use Rights for the first time, he will be considered for a Certificate and must fulfill financial obligations according to regulations.
However, the 2024 Land Law does not currently have specific regulations for the case where the time of granting the Certificate does not have a house on the land.
Ms. Thuan asked, if her uncle submits an application for a Certificate of Land Use Rights for the first time for the above land plot, will he be granted a Certificate according to which provisions of law?
The Ministry of Agriculture and Environment responded to this issue as follows:
Current land laws have provisions on granting certificates of land use rights and ownership of assets attached to land to households and individuals who are using land allocated without proper authority in Article 140 of the 2024 Land Law.
The procedures for first-time registration of land and assets attached to land for individuals, residential communities and households using land and the procedures for first-time issuance of certificates of land use rights and ownership of assets attached to land are stipulated in Section II and Section V, Content C, Part V, Appendix I issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the decentralization of authority of local authorities at two levels, decentralization and decentralization in the land sector.
Because this is a specific case, and the consideration of granting a Certificate of land use rights and ownership of assets attached to land must be based on specific records, current land use and other relevant regulations in the locality. Therefore, the Ministry of Agriculture and Environment informs you to know, research, and contact the competent local authority to be resolved according to regulations.
