Conditions for being granted a red book for agricultural land transferred by handwritten documents

Huy Hùng |

The Ministry of Agriculture and Environment responds to legal situations when applying for a red book for agricultural land transferred by handwritten documents.

Citizens should send questions to the Ministry of Agriculture and Environment about the following cases: The family is using a plot of agricultural land, originally transferred through a handwritten document, without documents on land use rights as prescribed in Article 137 of the 2024 Land Law, and has used it stably to date.

Citizen asked: in this case, can a Land Use Rights Certificate be granted under Clause 6, Article 138 of the 2024 Land Law?

If not granted, if the Court issues a decision to recognize the validity of the handwritten transfer transaction under Article 129 of the 2015 Civil Law, can the family be granted a Land Use Rights Certificate based on the Court's decision?

Responding to this content, the Ministry of Agriculture and Environment said: based on the provisions of Section XI, Section C, Part V, Appendix I of Decree No. 151/2025/ND-CP, in cases where land plots do not have documents on land use rights as prescribed in Article 137 of the Land Law, the State only recognizes land use due to receiving a transfer of land use rights before July 1, 2014.

Therefore, if citizens using land do not have documents on land use rights due to transfer after July 1, 2014, there will be no legal basis to consider granting the first Certificate to citizens.

In case citizens receive a transfer of land use rights before July 1, 2014, they will be considered a land user for the land plot; the issuance of a Certificate for the first time for the land plot will be based on Article 138, Article 139 or Article 140 of the 2024 Land Law, depending on the origin of the land plot.

Huy Hùng
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