Answering the question of issuing and renewing red books and transferring inheritance at the same time

Cổng thông tin Bộ Nông nghiệp và Môi trường |

The Ministry of Agriculture and Environment has stated the principle of resolving land issues such as red book re-issuance and transfer of inheritance at the same time.

On the Ministry of Agriculture and Environment's Information Portal, citizens asked: In case of registration of name change due to inheritance of land use rights, if the location of the land plot on the issued Certificate is found to be inaccurate compared to the actual location of land use, is it possible to carry out simultaneous procedures for re-issuance of the Certificate and registration of name change due to inheritance?

The Ministry of Agriculture and Environment has the following opinions:

The reflected content is that specific cases are under the jurisdiction of the locality and need to be based on archived records and specific regulations that the locality has issued according to its authority to enforce the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer. The Ministry states a number of principles as follows:

Clause 6, Article 18 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulates basic investigation of land; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates that in cases where the applicant needs to carry out simultaneously multiple procedures for registering land and assets attached to land, the procedural agencies are responsible for interlinking with competent agencies to resolve.

Regarding the order and procedures for implementation: On January 31, 2026, the Government issued Decree No. 49/2026/ND-CP 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. Accordingly, in Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned authority to the Provincial People's Committees to regulate the order and administrative procedures on land, which clearly stipulates the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, the maximum time to implement the order and procedures, and the components of dossiers to be submitted when carrying out administrative procedures on land, including the procedure for registering land changes.

The Ministry of Agriculture and Environment informs you to know and contact the competent authority in your locality for implementation.

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