Vietnam Ministry clarifies land certificate eligibility for unauthorized allocations

The Ministry of Natural Resources and Environment has provided guidance regarding a case in Ho Chi Minh City where a family has occupied land since 1990 after being temporarily assigned it by a local ward People's Committee.

The family has maintained stable residence, registered permanent residency, paid land taxes, and utilized utility services since the early 1990s. The inquiry sought clarification on whether the family is eligible for a land use rights certificate under the 2024 Land Law, specifically regarding land allocated without proper authority.

The Ministry noted that while Article 140 of the Land Law addresses certificates for land allocated without proper authority, commune-level People's Committees lacked the legal power to allocate land under the 1988 Land Law. Because this is a specific case, the Ministry stated it lacks sufficient information to provide a definitive ruling and advised the individual to consult local authorities with their historical records for a formal resolution.