If reclaimed land is illegally converted for residential use, can a land ownership certificate be issued?
Many households reclaimed or were allocated land for rice cultivation decades ago, and then voluntarily switched to growing perennial crops or building houses.
According to Mr. Hoang Phuoc Dong (Quang Tri province), in the ward, some households previously received land from the cooperative or reclaimed land for rice cultivation. Due to inefficient production, these households have independently switched to growing other perennial or annual crops to develop their economy or to facilitate the process of converting the land to residential land and obtaining a land use right certificate (red book).
To ensure that land ownership certificates are issued in accordance with regulations for plots of land that originated as rice paddy land, Mr. Dong requested guidance from the competent authorities on how to handle some specific cases.
They cleared land to grow rice, then spontaneously switched to growing perennial crops.
The first case is that of Ms. Nguyen Thi A. In 2025, she submitted an application for a Certificate of Land Use Rights for perennial crops at plot number B, map sheet number C, with an area of 200m2 requested.
The land's original use was determined to be reclaimed and used for rice cultivation by Ms. A since 1975. In 2008, Ms. A arbitrarily converted the land to perennial crop cultivation and has been using it from 2008 to the present.
According to the 2006 cadastral map, the land plot is classified as other rice paddy land. However, according to the approved 2025 general planning map of the ward, the land plot is zoned for commercial and service use.
Mr. Dong raised the question: In this case, was Ms. A granted a land ownership certificate for the first time? If so, was the land type recorded on the certificate rice paddy land or perennial crop land? Furthermore, would Ms. A be subject to administrative penalties and required to restore the land to its original state, given that the land use change occurred many years ago and no penalties had ever been imposed on her?
Land reclaimed for planting perennial trees, but houses were built on it without permission.
In the second case, in 2025, Mr. Vo Van A submitted an application for a Certificate of Land Use Rights for residential land plot number B, map sheet number C, with an area of 200m2 requested.
The land use of plot B originated from Mr. A's reclamation and cultivation of perennial crops since 1975. On June 1, 2014, Mr. A built a house on this plot.
According to the 2006 cadastral map, plot B is designated as land for perennial crops. However, according to the approved 2025 general planning map of the ward, plot B is planned as commercial and service land.
Mr. Dong wondered if Mr. A was eligible to receive a land ownership certificate for the first time? Would he be penalized and forced to restore the original state of the property, given that the house construction had taken place previously and had never been penalized before?
The Ministry outlines the principles for handling the matter.
In response to the issue, the Ministry of Agriculture and Environment stated that the matter raised by the individual falls under the jurisdiction of the local authorities, based on administrative records and relevant local regulations.
Therefore, the Ministry has no basis to provide a specific answer, but can only state some regulations in principle.
Regarding the issuance of land use right certificates, Clause 4, Article 139 of the Land Law stipulates: Households and individuals currently using agricultural land that they have reclaimed themselves and are not subject to disputes shall be granted land use right certificates and ownership certificates for assets attached to the land (land title deeds) by the State, according to the agricultural land allocation limits prescribed by the Provincial People's Committee.
If the area exceeds the limit set by the Provincial People's Committee, the excess area must be leased from the State.
In cases where land users do not possess land use rights documents as stipulated in Article 137, but do not fall under the cases stipulated in Articles 139 and 140, they may be considered for the issuance of a land use certificate in accordance with Article 138 of the Land Law.
Regarding administrative penalties, according to the Ministry of Agriculture and Environment, Decree No. 123/2024 stipulates that administrative penalties will not be imposed on violations that occurred before October 15, 1993. The determination of misuse of land only applies to cases where the original land use purpose (before the change of land use purpose) can be identified, as shown in documents issued by the State regarding land allocation, land lease, recognition of land use rights, and other legal documents as stipulated in Article 137 of the Land Law.
Regarding land reclamation activities, if the reclamation falls under "a project or list or document concerning the relocation of people to build new economic zones or resettlement approved by the People's Committee at the district or provincial level or competent authority that includes the name of the land user" as stipulated in point i, clause 1, Article 137 of the Land Law, then no administrative penalties will be imposed and the issuance of a land use certificate will be considered in accordance with Article 137 of the Land Law.
In cases of free land reclamation as stipulated in Clause 4, Article 139 of the Land Law, if there is sufficient evidence to determine that it constitutes encroachment as stipulated in Clause 9, Article 3 of the 2024 Land Law and Article 13 of Decree 123/2024, then penalties for land encroachment will be considered.
Land classification is regulated in Article 10 of the 2024 Land Law, and the authority of the Chairman of the District People's Committee to issue land use right certificates is transferred to the Chairman of the Commune People's Committee in Article 5 of Government Decree No. 151/2025.
