A resident in Hue reflected that his family received the transfer of land and house by handwritten papers from 1990, paid in full, received the house and lived stably for many years, but has not yet been granted a Certificate of Land Use Rights (red book).
According to reports, after the purchase and sale transaction was completed for about 20 days, the seller completed procedures with the functional agency at that time and had content authorizing the buyer to manage and look after the house and land to serve the exit. However, the buyer said that he had never signed any documents related to the receipt of the authorization.
In 2014, local authorities refused to issue land use right certificates on the grounds that the dossier contained authorization content and were concerned about arising disputes.
People are wondering whether the land registration agency can refuse to issue a Certificate just because the authorization document lacks the signature of the authorized person. At the same time, this person also proposed to apply the procedure of public posting according to regulations for cases of buying and selling handwritten papers but no longer contacting the old owner.
Answering this question, the Ministry of Agriculture and Environment said that this is a specific case, under the jurisdiction of the locality and needs to be based on archived records and regulations issued by the locality for consideration and handling.
The Ministry of Agriculture and Environment cited Clause 2, Article 19 of Decree No. 101/2024/ND-CP stipulating cases where functional agencies do not receive or stop resolving land registration procedures and Certificate issuance. These include cases related to disputes, asset distraints, requests for temporary suspension from competent authorities or dossiers that do not ensure information consistency.
According to the Ministry of Agriculture and Environment, if qualified to be granted a Certificate, there will be a step in the implementation process to publicly list the content of confirmation at the commune-level People's Committee and residential area where the land is located within 15 days to receive feedback, if any. This regulation is stated in Decree No. 151/2025/ND-CP.
Regarding the content related to determining "authorized land" in cases where the authorization document lacks the signature of the authorized person, the Ministry of Agriculture and Environment requests people to contact the Ministry of Justice for guidance and specific answers.
