The Ministry of Agriculture and Environment received a petition from voters in Hanoi city with the content: Voters reflect that administrative procedures on land (giving, buying and selling) are currently cumbersome (for example: cases where elderly couples who no longer keep marriage registration certificates must redo marriage registration procedures when giving or selling assets...). It is proposed to review and study reducing administrative procedures on land, limiting complicated administrative procedures that cause difficulties for people.
The Ministry of Agriculture and Environment reports as follows:
Clause 1, Article 45 of the 2024 Land Law has stipulated the conditions for exercising the rights to transfer and donate land use rights. Implementing the above regulations, the Ministry of Agriculture and Environment has advised the Government to issue Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 2 levels, decentralization of authority, and decentralization in the field of land, accordingly, it has stipulated dossiers and procedures for registering land changes and assets attached to land when land users transfer or donate land use rights, they are not required to submit a marriage registration certificate.
The Ministry of Agriculture and Environment has advised the Government to issue Decree No. 49/2026/ND-CP dated December 31, 2025 detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
Accordingly, Articles 14 and 15 of Decree No. 49/2026/ND-CP have decentralized authority to the Provincial People's Committees to implement in the field of land, stipulating the order and administrative procedures for land to be implemented no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations, clearly stipulating the responsibilities of agencies and competent persons in the steps of implementing order and procedures, maximum time to implement order and procedures, and components of dossiers to be submitted; in the time before promulgating regulations on order and administrative procedures for land specified in this clause, the Provincial People's Committees decide on the application of order and administrative procedures for land according to the provisions of law before the effective date of this Decree or decide on the order and administrative procedures for land for each specific case.
Therefore, in case the locality decides on the application of administrative procedures on land according to the provisions of law before the effective date of Decree No. 49/2026/ND-CP, for cases where land users transfer or donate land use rights, they are not required to submit a marriage registration certificate; while the locality has not issued regulations on administrative procedures on land, voters are requested to promptly send the above-mentioned recommendations to the Hanoi People's Committee to jointly build and improve local legal regulations to ensure the reduction and simplification of administrative procedures, creating favorable conditions for people.
The determination of common property and the disposition of common property of husband and wife shall be carried out in accordance with the provisions of civil law, law on marriage and family. Therefore, in case there are obstacles regarding the request to redo marriage registration procedures when donating or transferring land use rights, voters are requested to send petitions to the Ministry of Justice for guidance.
