Citizens should ask the Ministry of Agriculture and Environment whether people are granted land use right certificates (LURCs) and LURC transfers after the notice of land recovery?
The citizen added that the citizen's case was on March 20, 2025, when the People's Committee of the district (old) issued and sent a notice of land recovery to the family to reclaim land for the bauxite mining project. On April 15, 2025, citizens went to the local land registration office branch to register the transfer of the land plot to another person, however, this agency returned the application and said that the land plot had been notified of land reclamation, so the transfer was not allowed.
What regulations are based on citizens asking this?
Responding to this issue, the Ministry of Agriculture and Environment said that at Point d, Clause 1, Article 151 of the Land Law, it is stipulated that land users are not granted a Certificate of land use rights and ownership of assets attached to land when the land has been reclaimed by a competent state agency, except in cases where it has been more than 3 years since the date of the land recovery decision but have not done so.
Pursuant to the above provisions, in cases where there is no decision to reclaim land from a competent state agency and the land user meets the conditions of Clause 1, Article 45 of the Land Law, the rights of the land user shall be exercised.
Clause 1, Article 45 of the Land Law stipulates that land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting the following conditions:
a) Having a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights of assets attached to land, except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;
b) Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect;
c) Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement;
d) Within the land use term;
d) Land use rights are not subject to temporary emergency measures as prescribed by law.
