On the Government Portal, citizen H.L (Hanoi) wondered:
In the process of carrying out procedures to request the issuance of a Certificate of Land Use Rights, I noticed the existence of a transition between two legal mechanisms: In the period of application of the 2013 Land Law, the land registration agency issued a Certificate of Land Registration; in the period of application of the 2024 Land Law, the land registration agency issued a Notice confirming the land registration results.
However, there are currently no specific and clear guidance on the legal value, validity and legal relationship between the two types of documents mentioned above in the process of carrying out procedures for issuing Land Use Right Certificates for the first time to individuals/households according to current regulations, leading to inconsistent application in localities, directly affecting the legitimate rights and interests of citizens.
I asked, regarding the legal value of the two types of land registration documents, is the Land Registration Certificate issued according to the provisions of the 2013 Land Law still legally valid to prove that land users have completed legal land registration procedures or not?
Will the land registration confirmation certificate issued validly before the 2024 Land Law takes effect continue to be used in current land administrative procedures?
Ms. Ly wants to know whether or not people who have been granted a valid Land Registration Certificate according to the 2013 Land Law must re-perform the land registration procedures according to the mechanism of the 2024 Land Law? Is there any legal basis to stipulate that the old Land Registration Certificate expires or is no longer valid? In case there is no regulation to cancel or replace it, does the local land registration agency have the right to refuse the legal validity of the Land Registration Certificate that has been granted legally to citizens?
Regarding the application for the first-time Certificate of Land Use Rights for individuals/households that have been granted a Certificate of Land Registration, do citizens have the right to directly use this Certificate of Land Registration as a basis to prove that they have completed land registration procedures to request the issuance of a Certificate of Land Use Rights?
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of Clause 1, Article 95 of the 2013 Land Law and Clause 1, Article 131 of the 2024 Land Law, land registration is mandatory for land users and people who are allocated land for management.
According to the provisions of Clause 5, Article 95 of the 2013 Land Law and Clause 4, Article 131 of the 2014 Land Law, land users and owners of assets attached to land that have declared registration are recorded in the Cadastral Book, and are granted a Certificate of Land Use Rights if they have the need and meet the conditions according to the provisions of this Law.
The 2013 Land Law does not stipulate the issuance of Land Registration Certificates for land registrants as in the 2024 Land Law. The issuance of Land Registration Certificates to be issued to registered land users is carried out by localities according to their authority and according to the specific regulations of each locality.
Currently, according to the provisions of Article 14, Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to decide on authority and regulations on dossiers, order, and administrative procedures on land, including the order and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land.
Therefore, regarding the components of the submitted dossier, whether or not there is a Certificate of Land Registration/Notice confirming the results of land registration when carrying out registration and issuing the Certificate for the first time, please send feedback and recommendations to the Department of Agriculture and Environment where the land is located for answers.
