Citizens sent questions to the Ministry of Agriculture and Environment asking about the following case: My parents-in-law have a piece of land that has been granted a Land Use Rights Certificate with an area of 92m2. In 2013, my husband's parents bought an additional 210m2 of garden land behind the old land. At that time, due to limited knowledge, there was only one handwritten document for sale to the old owner without confirmation from the local government (this handwritten document is now also lost); the person who sold the land to my husband's parents had also moved to live elsewhere.
Since then, my husband's parents' family has still used the above garden land and has not had any disputes with anyone. I would like to ask about the procedures to add this area to the previously issued 92m2 Land Use Rights Certificate.
Responding to this content, the Ministry of Agriculture and Environment said that the reflection content is a specific incident, under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution; therefore, the Ministry has no basis to respond. The Ministry would like to point out some principles as follows:
Clause 2, Article 24 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulates the granting of Certificates of land use rights and ownership of assets attached to land for land plots with increased areas due to changes in boundaries compared to the issued Certificate. Accordingly:
a) In case the additional area is due to receiving the transfer of the right to use a part of the land plot that has been granted a Certificate but before the effective date of this Decree has not yet carried out the procedures for transferring land use rights according to the provisions of law, carry out the procedures for granting a Certificate of land use rights and ownership of assets attached to land for the entire area of the land plot in use; The Land Registration Office shall revise the Certificate of the party transferring land use rights according to regulations;
b) In case the additional area has one of the types of documents on land use rights specified in Article 137 of the Land Law, the land type and area for granting a Certificate of land use rights and ownership of assets attached to the land is the entire original land plot and the additional area is determined according to the provisions of Article 141 of the Land Law;
c) In case the additional area is not specified in Point a and Point b of this Clause, if it meets the conditions for granting a Certificate of land use rights and ownership of assets attached to land as prescribed in Articles 138, 139 and 140 of the Land Law, the Certificate of land use rights and ownership of assets attached to land shall be granted for the entire area of the land plot in use; the type of land and area for granting a Certificate of land use rights and ownership of assets attached to land shall be determined for the original land plot according to the issued Certificate and the additional area shall be determined according to the provisions of Articles 138, 139 and 140 of the Land Law.
The procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land for the entire area of land in use are implemented according to the provisions of Section VI, Contained C, Part V of Appendix 01 issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.
The Ministry of Agriculture and Environment informs citizens to know and comply with the provisions of law.
