Citizens sent questions to the Ministry of Agriculture and Environment questioning whether agricultural land was increased to exchange plots in 2012, and has not yet been granted a land use right certificate. By 2022, households with those plots of land will transfer the land use rights to others by handwritten document, with the signature and directional points between the parties.
In 2025, will the transferee be subject to administrative sanctions if they register and issue land use right certificates for the above-mentioned plots of land? Will they be granted a land use right certificate in the form of a first-time land use right certificate?
Responding to this question, the Ministry of Agriculture and Environment said that Article 45 of the Land Law stipulates that the condition for transferring land use rights (including rice-growing land) is to have a Certificate, except in cases of receiving land use rights through agreements to implement socio-economic development projects according to the provisions of law and households and individuals transferring land use rights are eligible for a Certificate (Article 127 of the Land Law).
Section XI, Part C, Appendix I issued with Decree No. 151/2025/ND-CP stipulates the procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land in cases where land use rights have been transferred but the transfer procedures have not been carried out as prescribed, in cases of land use due to receiving the transfer of land use rights from July 1, 2014 in cases where there are no documents on land use rights as prescribed in Article 137 of the Land Law, there is no basis for issuing Certificates.
