A case reflecting problems when carrying out procedures for re-issuance of Land Use Right Certificates from households to individuals. According to the reflection, the branch of the Land Registration Office requires people to extract records to identify household members at the time of being granted the red book in the past.
People are also concerned about how to resolve the exercise of land use rights, including transfer, in cases where children have married and lived abroad.
Regarding this content, the Ministry of Agriculture and Environment said that Clause 3, Article 256 of the Land Law stipulates that in case the Certificate has been issued to the representative of the household before this law takes effect, if the members with common land use rights have needs, it can be reissued to a Certificate and fully state the names of the members with common land use rights.
According to the Ministry of Agriculture and Environment, the determination of members who share land use rights of households to write their names on the Certificate is due to the members themselves agreeing and being responsible before the law.
This agency also said that, according to previous regulations in Decree 151/2025/ND-CP, the dossier component for carrying out procedures for re-issuance of Certificates does not require the submission of documents from competent authorities confirming the number of members, population or extracts from archives to determine household members at the time of issuance of the Certificate of Land Use Rights. Household members registering their names on the red book are shown in the Application for registration of land changes and assets attached to land according to Form No. 18 issued with this decree.
However, the Ministry of Agriculture and Environment noted that this content has now expired according to Decree 49/2026/ND-CP. According to new regulations, the authority to specifically regulate the components of dossiers for carrying out procedures has been assigned to the provincial-level People's Committee.
Therefore, the Ministry of Agriculture and Environment requests people to send petitions to the Department of Agriculture and Environment where they have land to be guided to implement according to the regulations currently applied in the locality.
The Ministry also said that if people do not agree with the results of resolving administrative procedures, they have the right to complain or sue against administrative decisions and administrative acts on land management according to Article 237 of the Land Law.
