Pursuant to Article 42 of Decree 101/2024/ND-CP, in cases where land use rights have been transferred but the transfer procedures have not been carried out, the handling is as follows:
Case 1: In the following cases of land use that have not been granted a Certificate and are not in case 2, the land user shall carry out the procedure for granting the first Certificate without having to carry out the procedure for transferring land use rights.
- Using land due to receiving a transfer of land use rights before July 1, 2014 in cases where there are no documents on land use rights as prescribed in Article 137 of the 2024 Land Law.
- Using land due to receiving a transfer of land use rights before August 1, 2024 with documents on land use rights as prescribed in Article 137 of the 2024 Land Law.
- Using land due to receiving a transfer of land use rights from the inheritor of land use rights as prescribed in Clause 4, Article 45 of the 2024 Land Law.
Case 2: In case the land user is accepted by the transfer of land use rights before August 1, 2024, the land parcel has a certificate and the recipient of the land use right only has a certificate issued to the land parcel, enclosed with papers about receiving land use rights or only contracts, documents on land use right transfer have been made as prescribed, the following is as follows:
Step 1: Land user submits application
- Apply according to Form No. 11/DK issued with this Decree
- Contracts and documents on the transfer of land use rights established according to regulations or original issued Certificates and documents on the transfer of land use rights with full signatures of the transferor and transferee;
Step 2: Resolve the request for a Certificate
- The land registration office shall notify the transferor and list the headquarters of the commune People's Committee where the land is located on the procedures for granting certificates to the recipient of the transfer.
- In case the address of the transferee is unknown for notification, the notice must be posted on local mass media three times in a row (the cost of posting is paid by the person requesting the Certificate).
- After 30 days from the date of notification or first posting in the local mass media if:
+ If there is no request for dispute resolution, the Land Registration Office will prepare a dossier to submit to the competent authority to decide to cancel the issued Certificate in case of failure to submit the Certificate, and at the same time issue a new Certificate to the transferee.
+ In case there is a request for dispute resolution, the Land Registration Office will guide the parties to submit the application to the competent State agency to resolve the dispute according to regulations.
Step 3: Return the result
