Reader T.T raised the situation: In 1999, Mr. T bought 5,200 m2 of agricultural land, made handwritten papers, kept the Certificate of the seller and cultivated until now without dispute. Now Mr. T needs to transfer the Certificate of Land Use Rights to give to his son, so what procedures does he need to do?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is a specific case and needs to be based on archived records, specific regulations of the locality issued under its authority to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment would like to state some principles as follows:
In Clause 2, Section XI, Content C, Part V of Appendix I issued together with 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, and decentralization in the field of land, amended and supplemented in point e1, point e, clause 3, Article 16 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government 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, it is stipulated:
In case the person currently using the land receives the transfer of land use rights before August 1, 2024, but that land plot already has a Certificate and the land use right recipient only has a Certificate issued to the land plot accompanied by documents on receiving the transfer of land use rights or only has a contract or document on land use right transfer established according to regulations".
Regarding the order and procedures for implementation, they are regulated by the Provincial People's Committee according to the provisions of Article 15 of Decree No. 49/2026/ND-CP.
The Ministry of Agriculture and Environment informed him to know and contact the competent authority in the locality for guidance on implementation according to the provisions of law.
