Lost Original Records? Land Can Still Be Granted a Red Book

In 2012, Mrs. Huynh Thi M.’s family (Gia Lai) purchased agricultural land cleared by indigenous people. The transaction was documented with a handwritten agreement, and the land had not yet been issued a Land Use Right Certificate.

After the purchase, Mrs. M.’s family has used the land steadily until now. In 2018, they initiated the process to obtain the Land Use Right Certificate through a centralized issuance program. The tax authority notified the family of the tax amount due for the land and informed the People’s Committee of the commune (pre-merger address) to relay the information to the family.

Subsequently, the commune issued a notice regarding the amount Mrs. M.’s family needed to pay. However, due to financial difficulties, the family has not paid the tax since 2018, resulting in the certificate not being issued.

Now, the family wishes to resume the process and has contacted the newly merged commune’s People’s Committee for guidance. They were informed that the time has passed, and the whereabouts of the file are unknown.

Mrs. M. inquires about the steps to obtain the Land Use Right Certificate. If the file is lost, what should she do?

In response, the Ministry of Agriculture and Environment stated that the details provided are insufficient for a specific answer but offered legal principles for reference.

In 2018, when Mrs. M. initiated the registration process, the 2013 Land Law and Decree No. 43/2014/NĐ-CP dated May 15, 2014, detailing the implementation of certain provisions of the Land Law, were applicable. The procedure for first-time issuance of the Land Use Right Certificate to households and individuals is outlined in Article 70 of Decree No. 43/2014/NĐ-CP.

After submitting the application, the commune-level People’s Committee forwards the file to the Land Registration Office for further processing.

At this stage, the Land Registration Office performs its duties: If the land user requests a Land Use Right Certificate, ownership of housing, and other attached assets, the office sends cadastral data to the tax authority to determine and notify financial obligations…

If Mrs. M. has not fulfilled her financial obligations, the file is retained at the Land Registration Office. She is advised to contact the local Land Registration Office for file verification and review.

Additionally, if Mrs. M. possesses copies of required documents but the land management agency no longer has the file, she can reapply for the certificate under Article 137, Clause 7, of the 2024 Land Law.

“Households or individuals with copies of required documents, where the originals are lost and the state agency no longer retains the file, may obtain a Land Use Right Certificate if the commune-level People’s Committee confirms stable, dispute-free land use. Financial obligations must be fulfilled as per the law,” the Ministry of Agriculture and Environment cited from Article 137, Clause 7, of the 2024 Land Law.

For Mrs. M.’s case, the first step is to contact the Land Registration Office to check the file. If it exists, the family needs to pay the notified tax for further processing.

If the file is lost, Mrs. M. should prepare copies of documents proving land use origin and request the commune-level People’s Committee to confirm the land is dispute-free. She can then reapply for the certificate under the 2024 Land Law.