Answering about whether to be allowed to issue red books for land allocated without proper authority

Reader N.V.A (Hanoi) asks: The determination of stable land use according to the provisions of Clause 38, Article 3 of the Land Law is carried out according to the provisions of sub-section (ii) point b2, clause 3, section II, content C, Part V of Appendix No. 01 issued together with Decree No. 151/2025/ND-CP.

In case the land has been used stably from..." according to Article 140 of the 2024 Land Law, how to understand it correctly:

Case 1: Understood according to the provisions of Clause 38, Article 3 of the 2024 Land Law, stable land use is the use of land for a certain main purpose from the time of starting to use land for that purpose to the time the competent state agency considers stable land use (if understood in this sense, it is proposed to amend the Land Law in Article 140 according to the wording prescribed by the law to avoid causing misunderstanding).

Case 2: If the land has been used stably, it means that the person to whom the land is allocated is still using that land plot until it is considered for a Certificate of Land Use Rights (the Law does not have regulations on the term "land that has been used stably").

Mr. N.V.A was allocated land by the Commune People's Committee without proper authority with a land handover paper from the Commune People's Committee (the Commune People's Committee allocated a land plot to about 20 households with a land allocation diagram, without collecting land use fees). Every year, after being allocated, Mr. Nguyen Van A pays non-agricultural land use tax (residential land) for the above land plot.

However, after being assigned, due to insufficient financial resources to build a house, Mr. A used the land to grow perennial crops. In 2023, Mr. Nguyen Van A built a house and works to serve life on the above land plot.

Up to now, Mr. A is applying for a Certificate of Land Use Rights, is he eligible for a Certificate of Land Use Rights or not? What clause of the Law stipulates the amount to be paid?

The Ministry of Agriculture and Environment answers this question as follows:

According to his reflection, the land plot being used has the origin of being allocated beyond authority, so the consideration of issuing Certificates is carried out in accordance with the provisions of Article 140 of the 2024 Land Law.

The determination of stable land use according to the provisions of Clause 38, Article 3 of the Land Law is carried out according to the provisions of sub-item (ii) point b2, clause 3, section II, content C, Part V of Appendix No. 01 issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.

Regarding financial obligations for cases where land users have illegally assigned origins as stipulated in Article 140 of the Land Law, the determination of financial obligations needs to be based on each specific case (time of land use, purpose of land use...); therefore, the Ministry of Agriculture and Environment requests you to contact competent authorities in the locality for guidance and answers according to the provisions of law.

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