Land use right certificates remain valid during government restructuring

Minister of Agriculture and Environment Do Duc Duy confirms land titles remain valid despite the shift to a two-tier government, with new decrees clarifying how pending applications will be handled post-July 1.

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After the consolidation of administrative units, there is no mandatory requirement for citizens to conduct a mass update of all previously issued land use right certificates

Minister Do Duc Duy announced that on April 10, 2025, he signed formal Dispatch No.911, which was distributed to all localities. This document provides guidance on the adjustment of cadastral records, the national land database, and the compilation of natural area data throughout the governmental restructuring process.

The document clearly stipulates the principles for adjustment, methods of implementation, and the preservation and handover of cadastral records from the former district level to the commune and new provincial levels.

“The adjustment of cadastral records and the land database resulting from this administrative restructuring must be conducted concurrently with the processing of administrative procedures for land and land-attached assets. This ensures a seamless process and avoids any disruption for citizens and businesses”, Minister Do Duc Duy emphasized.

The Minister affirmed that following the administrative consolidation, there is no mandatory requirement for a mass update of all previously issued land use right certificates. An update is only necessary when a land user initiates a related administrative procedure or has a specific need.

For instance, if a land use right certificate was issued by Yen Bai City and listed the locality as Minh Bao Commune – which no longer exists after administrative restructuring – the landowner does not need to take any immediate action. The existing documents retain their full legal validity.

A change will only be made when the owner undertakes a procedure such as land division or transfer. At that point, the state agency will simultaneously process the administrative request and update the records to reflect the new administrative boundaries and plot data.

“Citizens can be completely at ease; there is no need to bring your red or pink books (land use or house ownership right certificate) for adjustment simply because the name of an administrative unit has changed”, said the Minister.

Guidance on resolving land use right certificate applications submitted before July 1, 2025

The Government has recently issued Decree No. 151/2025/ND-CP, which delineates the authority of the new two-tier local government and specifies the delegation and decentralization of power in the land sector. The decree’s transitional provisions clearly outline the process for applications submitted before July 1, 2025, but not yet resolved:

  • For applications previously under the jurisdiction of a provincial-level People’s Committee, the chairman of the new provincial People’s Committee will now resolve the case following the procedures stipulated by the land laws that were in effect before this new decree;
  • For applications previously under the jurisdiction of a district-level People’s Committee, the chairman of the commune-level People’s Committee will now resolve the case following the procedures stipulated in this new decree. Land lease contracts signed before July 1, 2025, will remain in effect until their expiration date.

A similar principle applies to applications for land registration, land-attached assets, and the issuance of Land Use Rights Certificates received before July 1, 2025:

  • Cases formerly under provincial jurisdiction will be resolved according to the old legal procedures;
  • Cases formerly under district jurisdiction will be resolved by the commune-level People’s Committee chairman according to the new decree.

For localities currently developing new land price frameworks for the January 1, 2026 application, the People’s Committee of the newly formed provincial unit will continue this task to ensure timely promulgation as required by law.

According to the Ministry of Agriculture and Environment, the 2024 Land Law and its guiding decrees outline 66 administrative procedures. Previously, this included 2 at the central level, 42 at the provincial level (mainly for organizations), 21 at the district level, and 1 at the commune level (land dispute mediation).

Under the new two-tier model, most district-level procedures will be transferred to the commune level. Complex tasks like land price determination will be elevated to the provincial level. Meanwhile, procedures such as site clearance, land allocation, land leasing, and changing land use purposes will be devolved from the district to the commune, increasing the commune’s portfolio to 42 procedures.

The Ministry of Agriculture and Environment is also reviewing the 2024 Land Law and related decrees and circulars for proposed amendments to be submitted to the National Assembly’s 10th session this October, aiming to create a synchronized and unified national land law system.

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