On the Government Portal, a citizen in Dong Thap wondered:
"In Clause 1, Article 11 of Circular No. 23/2014/TT-BTNMT stipulates:
1. In case in the decision to allocate land, lease land, change land use purpose, extend land use term, contract or document of receiving land use right transfer and other documents on land use rights according to the provisions of land law; documents on ownership of assets attached to land specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP have restrictive contents on land use rights, ownership of assets attached to land, the restrictive content according to those documents shall be recorded.
However, point a, clause 11, Article 8 of Circular No. 10/2024/TT-BTNMT stipulates:
11. Information on land use rights restrictions is shown as follows:
a) The content of information on land use rights restrictions is shown for the following cases:
In case the decision to allocate land, lease land, change land use purpose has content restricting land use rights, it should be stated: "Land plot (or Land plot with ... m2 (if a part of the plot has limitations)... (recording restricted content according to existing documents) according to ... (recording the name of the document with restricted content)".
Thus, according to current regulations in Circular No. 10/2024/TT-BTNMT, the content of restricting land use rights arising from land use right transfer contracts, such as the case of leaving a part of land for worship according to the right transfer contract, will not be recorded in the Certificate.
If this restrictive content is not shown on the Certificate, then when the land plot continues to be transferred or other transactions are carried out, the competent authority issuing the Certificate and the transferee may not know the existence of this agreement, posing a risk of disputes arising later.
Ms. T.T asked, so is it recorded in the Certificate in case the land use right transfer contract has an agreement to restrict the land use right for a part of the land area to be used as a place of worship?
In case it is not recorded on the Certificate, how is the assurance of implementation and public disclosure of this restrictive content carried out to avoid disputes arising during land use and subsequent rights transfers?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 11, Article 8 of Circular No. 10/2024/TT-BTNMT stipulates:
In case in the decision to allocate land, lease land, change land use purposes, extend land use rights, other documents on land use rights, ownership of assets attached to land with content restricting land use rights, it is shown: "Land plot (or Land plot with ... m2 (if a part of the plot is restricted)... (record restricted content according to existing documents) according to ... (record the name of documents with restricted content) ... The scope of land area with restricted land use rights is the entire land plot or a part of the land plot, which is shown in the cadastral book, on the cadastral map, excerpt from the cadastral map, land plot diagram..." (in which the phrase "extended land use rights, other documents on land use rights, ownership of assets attached to land" has been supplemented according to the provisions of point c, clause 4, Article 10 of Circular No. 23/2025/TT-BNNMT).
Clause 7, Article 33 of Circular No. 10/2024/TT-BTNMT stipulates:
7. The information specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article and other information about the land plot specified in Article 8 of this Circular are shown in the QR code of the Certificate".
Based on the above regulations, in the case in the document on transfer of land use rights, the content on restricting land use rights for a land plot used for worship according to the provisions of civil law is identified as belonging to the group "other documents on land use rights" and the information restricting rights is shown in the cadastral book, shown in the QR code of the Certificate of land use rights, ownership of assets attached to land (not directly shown on the Certificate).
When carrying out land procedures, such as when converting or transferring land use rights, the land registration agency will have to check the land plot information shown in the cadastral book, land database... to determine land use rights restrictions if any when deciding to carry out procedures.
