Citizens send questions to the Ministry of Agriculture and Environment asking about the following cases: The family has a Land Use Rights Certificate. According to current regulations, when a state agency issues a notice of land reclamation (not yet expired for 1 year) but has not yet issued a decision to reclamation for individuals, can land users transfer or donate land use rights and housing?
Responding to this content, the Ministry of Agriculture and Environment said that Clause 1, Article 45 of the Land Law stipulates the conditions for land users to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights; Clause 2, Article 19 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government (amended and supplemented by Decree 226/2025/ND-CP) stipulates cases in which the dossier receiving agency, the procedure handling agency does not receive the dossier or stops handling the procedures for land registration, assets attached to the land and returns the dossier to the registration requestor.
According to current land law, in cases where a Certificate of land use rights and ownership of assets attached to land is not granted in Clause 1, Article 151 of the 2024 Land Law, there is no case where a notice of land recovery has been issued (regardless of when this notice of land recovery is issued), the Certificate of land use rights and ownership of assets attached to land will not be granted.
