Citizens should send questions to the Ministry of Agriculture and Environment asking about the following cases:
The citizen's parents-in-law have a plot of land that has been granted a Land Use Rights Certificate with an area of 92m2. In 2013, the couple bought an additional 210m2 of garden land behind the above plot. At that time, due to limited understanding, the sale was only done with a handwritten document, without confirmation from the local government; currently this document has also been lost and the transferor has moved to another place to live.
From 2013 to present, the citizen's parents-in-law's family has still managed and used the above garden land area stably and has not had any disputes.
Now, citizens want to ask: How are the procedures for requesting a Land Use Rights Certificate and adding an area of 210m2 of garden land to the previously issued Land Use Rights Certificate (92m2) carried out?
Responding to this content, the Ministry of Agriculture and Environment said that the content of citizens' reflections is a specific case 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 answer. 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 land type 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, Container 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.
