Do people need to prove that the land is not in dispute when applying for a land ownership certificate?
"I'm in the process of applying for my first land ownership certificate, but my sister said that I need documents proving the land is not in dispute before the commune will accept my application. Is this correct or incorrect?" - a question from Ms. Nguyen TH (Nghi Loc commune, Nghe An province).
Reply:Section II, Point C, Part V, Appendix I of Decree 151/2025/ND-CP stipulates the procedures for land registration, registration of assets attached to land, and issuance of land use certificates as follows:
II. Procedures for initial registration of land and assets attached to land for individuals, residential communities, and households currently using the land.
1. Land users and owners of assets attached to the land shall submit one set of documents as prescribed in Section 1, Part I of "B. Documents for land and asset registration procedures" to the One-Stop Service Department.
[...]
3. The People's Committee at the commune level shall organize the implementation of the following tasks:
[...]
b) Perform the following tasks:
b1) Confirm the current land use status, including whether or not there are houses or construction works; the status of land disputes and disputes over assets attached to the land.
Confirmation of land and property disputes is based on whether the People's Committee at the commune level is currently handling a request for mediation of land and property disputes, or a request for resolution of land and property disputes, or has received a document or notification from a competent authority regarding the acceptance of a request for resolution of land and property disputes.
So:
- The responsibility for verifying the status of land disputes rests with the commune-level People's Committee, not the land user.
- The confirmation of land dispute status is made after receiving the land registration application, the application for a land use certificate for assets attached to the land, and the request for a land use certificate from the land user, not before receiving the application.
Furthermore, in the application dossier for land registration, assets attached to the land, and request for a Certificate of Land Use Rights as stipulated in Point 1, Section II, Point C, Part V, Appendix I of Decree 151/2025/ND-CP, there is no requirement to include documents proving that the land is not subject to disputes.
Her sister's claim that the commune required proof of land ownership being free from disputes is unfounded and contrary to legal regulations.
