Citizens should send questions to the Ministry of Agriculture and Environment asking about the following cases:
The citizen's family submitted a change registration file to issue a new Land Use Rights Certificate. The citizen's father, the person whose name is on the Certificate, has now passed away. When receiving the application, the one-stop department requires the family to prepare a document to send a representative and do so at the notary office. However, when citizens come to the notary office, this agency requires providing complete documents such as inheritance procedures, causing many inconveniences and prolonging the time.
Citizen asked: Is it mandatory to make a document to send a representative in this case at the notary office? Or can it be signed by only related family members?
Responding to this content, the Ministry of Agriculture and Environment said:
Because the person whose name is on the Certificate has died, the establishment of the subject as the person entitled to inherit land use rights and ownership of assets attached to the land shall be carried out in accordance with the provisions of civil law. Regarding the issuance of a Certificate of Land Use Rights and ownership of assets attached to land, the following procedures are implemented:
According to the provisions of Clause 12, Article 3 of the Land Law, inheritance of land use rights is subject to a transfer of land use rights. The dossier submitted when carrying out procedures for registration of changes in land and assets attached to land is specified in Section II, Section B, Part V, Appendix 01 issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.
Accordingly, in the case of transferring land use rights due to inheritance, it is necessary to submit a document on inheritance of land use rights and ownership of assets attached to land as prescribed in Point c, Clause 3, Article 27 of the Land Law:
"c) Documents on inheritance of land use rights, land use rights and assets attached to land notarized or certified in accordance with the provisions of the law on civil matters."
In case the registration of land changes is required by the registration fee, the registration fee must submit the "Document on representation according to the provisions of the law on civil matters" as prescribed in Clause 4, Section II.1 of Sub-B, Part V, Appendix 01 issued with Decree No. 151/2025/ND-CP.
The Ministry of Agriculture and Environment informs citizens to know and comply with the provisions of law.
