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According to baochinhphu.vn, Mr. Phan Quang Them’s family in Da Nang has been managing a 364 m² plot of land (8×45.5 meters) purchased from local residents. In 1996, the district-level People’s Committee approved the transfer of 100 m² for residential use, while the remaining area lacks legal documentation. The family has fenced the land and planted trees, with no disputes reported.
In 2019, the district authorities guided the family to apply for a Land Use Rights Certificate for the remaining area. However, by 2021, they were informed that although the land met the criteria, it was subject to a 2001 land reclamation decision (160 m², 8×20 meters) under Clause 6, Article 19 of Decree No. 43/2014/NĐ-CP, preventing the issuance of the certificate.
Mr. Phan Quang Them inquired with the Ministry of Agriculture and Environment whether his family qualifies for a Land Use Rights Certificate under Point đ, Clause 1, Article 151 of the 2024 Land Law. He also asked about the application process and reasons for potential denial.
The Ministry of Agriculture and Environment stated that eligibility for a Land Use Rights Certificate depends on specific case details, land management records, and local regulations. Therefore, the ministry cannot provide a definitive answer.
In principle, according to Point đ, Clause 1, Article 151 of the Land Law, land subject to a reclamation decision cannot be certified unless more than three years have passed without implementation. If this condition is met, certification may proceed under Articles 137–141 of the 2024 Land Law and Section V, Part C, Chapter V of the Appendix to Decree No. 151/2025/NĐ-CP dated June 12, 2025.
The Minister of Agriculture and Environment issued Decisions No. 2304/QĐ-BNNMT (June 23, 2024) and No. 3380/QĐ-BNNMT (August 25, 2025), outlining administrative procedures for land management. These include: (1) Process steps; (2) Implementation methods; (3) Required documents; (4) Processing time; (5) Eligible applicants; (6) Responsible agencies; (7) Outcomes; (8) Fees; (9) Forms; (10) Conditions; and (11) Legal basis.
The ministry advised Mr. Them to review current regulations and consult local authorities for resolution.
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