On the e-Portal of the Ministry of Agriculture and Environment, citizens ask:
My parents were granted a Certificate of Land Use Rights in 2014. In 2020, my parents both passed away. In 2021, my whole family met again and made a handwritten family meeting minutes, in which my siblings all agreed to leave the land plot to me (the youngest member of the family).
At that time, we only made handwritten papers, and the siblings in the family signed them together, without notarization or certification at the Commune People's Committee.
So now, can I use this handwritten family meeting minutes to carry out procedures to transfer the Certificate of Land Use Rights to me? Or is it mandatory for my family to re-establish the notarized or fully certified family meeting minutes?
The Ministry of Agriculture and Environment provides some information related to the content of the question as follows:
According to the provisions of Clause 12 and Clause 21 Article 3 of the Land Law, the Certificate of land use rights and ownership of assets attached to land is a legal document for the State to certify the legal land use rights and ownership of assets attached to land of the person with land use rights and ownership of assets attached to land. Transfer of land use rights is the transfer of land use rights from one person to another through the form of conversion, transfer, inheritance, donation of land use rights, capital contribution with land use rights.
According to the content reflected by you, after your parents passed away (in 2020), by 2021, the family met and made a handwritten record, and the siblings in the family all agreed to leave it to you. Thus, the handwritten record with the consensus of the siblings in the family left to you does not ensure the regulations on transferring land use rights according to the provisions of law.
You need to contact competent authorities to carry out the division of inheritance according to the provisions of civil law before carrying out procedures for registering land changes.
The Ministry of Agriculture and Environment informs you to study the above regulations and implement them according to the provisions of law.
