Citizens send questions to the Ministry of Agriculture and Environment with the content:
Regarding the revocation of the Certificate of Land Use Rights, Clause 4, Article 152 of the 2024 Land Law stipulates:
The competent authority issuing the Certificate of land use rights, ownership of assets attached to land as prescribed in Article 136 of this Law does not revoke the Certificate issued in the cases specified in point d, clause 2 of this Article, if the person granted the Certificate has transferred land use rights, ownership of assets attached to land according to the provisions of land law...".
From the above regulations, two cases arise:
(1) Land use right certificate issued to Mr. A, then Mr. A transferred the entire land to Mr. B. This case is subject to non-revocation of the issued Certificate according to the above regulations.
(2) Certificate of land use rights issued to Mr. A; then Mr. A transfers a part of the area to Mr. B. For the remaining area in Mr. A's name, it is discovered that the land use purpose stated on the Certificate is not in accordance with the provisions at point d, clause 2, Article 152.
From there, the question is raised: In case (2), will the Certificate of Land Use Rights be revoked or not?
Current regulations only state "not to revoke the issued Certificate" for cases where the issued person has transferred land use rights, but have not clarified how to handle the remaining area when errors arise.
Therefore, it is proposed that the Ministry of Agriculture and Environment consider and provide specific guidance to ensure the uniform application of the law.
Answering this content, the Ministry of Agriculture and Environment said: According to the provisions of Clause 4, Article 152 of the 2024 Land Law, competent authorities do not revoke Certificates in cases specified in Point d, Clause 2, Article 152 of the Land Law if the person granted the Certificate has transferred land use rights and ownership of assets attached to land in accordance with legal regulations.
Accordingly, in case the land user has transferred the entire area, the state agency does not revoke the issued Certificate. In case the land user only transfers a part of the area, the transferred area will not be recovered, and the remaining area will be recovered by the competent authority according to regulations.
