Mr. L.M.T in Da Nang reported that he bought a piece of rice land in 2021, the land already has a pink book.
For more than 4 years, he has submitted an application for transferring the name from the old owner to his name, but from the current district to the ward, it has not been processed and there are no responses to his application for any problems.
Now he asked the authorities to explain to him the regulations on agricultural land transfer so that he could complete the transfer documents.
Regarding the issue of citizens' reflection, the Ministry of Agriculture and Environment responded as follows:
Because his petition did not clearly state the content of the problem, the Ministry of Agriculture and Environment had no basis to give a specific answer.
The Ministry of Agriculture and Environment has a general opinion on the following principles:
Article 45 of the Land Law stipulates the conditions for transferring land use rights, in which Clause 7, Article 45 stipulates:
" individuals who are not directly engaged in agricultural production and receive transfers or gifts of rice-growing land use rights exceeding the limit prescribed in Article 176 of this Law must establish an economic organization and have a rice-growing land use plan including the contents prescribed in Clause 6 of this Article and approved by the People's Committee at the district level, except in cases where the recipient is an heir".
The Government has fully regulated the components of the submission dossier, procedures, and procedures for registration and issuance of Certificates, including the procedures for transferring land use rights in Decree No. 101/2024/ND-CP dated July 29, 2024 regulating basic land investigation; registration, issuance of certificates of land use rights, ownership of assets attached to land and the Land Information System and Decree No. 151/2025/ND-CP dated June 12, 2025 regulating the determination of the authority of local authorities at 02 levels, decentralization, and delegation in the field of land.
At the same time, the Minister of Agriculture and Environment issued Decisions: No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures in the land sector under the state management scope of the Ministry of Agriculture and Environment, accordingly stipulating each specific land procedure, including: (1) Implementation procedures; (2) Implementation methods; (3) Components, number of dossiers; (4) Processing time; (5) Subjects performing administrative procedures; (6) Agencies performing administrative procedures; (7) Results of administrative procedure implementation; 8) Fees and charges; (7) Names of documents, declarations; (4) Requirements, conditions for implementing administrative procedures (if there are (4) Legal bases for administrative procedures.
Clause 2, Article 19 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government (amended and supplemented by Decree No. 226/2025/ND-CP) stipulates cases in which the dossier receiving agency or the procedure handling agency does not receive the dossier or stops handling procedures for land registration and assets attached to land and returns the dossier to the registration ungitor.
The Ministry of Agriculture and Environment informs citizens of the above regulations for research and implementation.
In case he has submitted a complete application, meets the conditions for transferring land use rights as prescribed in Article 45 of the Land Law and is not subject to the provisions of Clause 2, Article 19 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government (amended and supplemented in Decree No. 226/2025/ND-CP), the competent authority is responsible for handling procedures for registering land changes according to the provisions of law.
During the implementation of land administrative procedures, if he does not agree with the results of the settlement of administrative procedures by competent authorities in the locality, he has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
