Citizens send questions to the Ministry of Agriculture and Environment with the content:
I bought a land plot that was granted a Certificate of Land Use Rights in 2006, in the name of Mr. Nguyen Van A and Ms. Nguyen Thi B. In 2008, I received the transfer by handwritten paper with the signatures of Mr. A and Ms. B. Due to work arising, Mr. A and Ms. B's family handed over the Certificate to me and then left the locality, currently unable to determine the place of residence to complete the transfer procedures according to regulations.
According to Clause 2, Section XI, Part C of Decree 151 guiding the 2024 Land Law, this case is considered for transfer of rights. However, some specialized agencies believe that my transfer paper is invalid due to the lack of signatures of Mr. A's household members. Meanwhile, the above regulation does not clarify whether "sufficient signatures" are all household members or only those named on the Certificate.
Therefore, I propose to clarify:
Is the transfer paper with only the signatures of Mr. A and Ms. B eligible to carry out procedures according to Clause 2, Section XI, Part C of Decree 151 or not (I accept to carry out the newspaper publication according to regulations).
In case it is necessary to verify the number of household members of Mr. A and Ms. B at the time of transfer, which agency or individual is responsible for implementing it, when their current residence cannot be determined.
Answering this content, the Ministry of Agriculture and Environment said:
The reflected content is a specific case under the jurisdiction of the locality and needs to be based on archived records, specific regulations that the locality has issued according to its authority to enforce the Land Law and other relevant laws for consideration and resolution; therefore, the Ministry has no basis to answer. The Ministry of Agriculture and Environment would like to state some principles as follows:
In Section XI, Content C, Part V of Appendix I issued together with Decree No. 151/2025/ND-CP, regulations on the order and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land for cases where land use rights have been transferred but transfer procedures have not been carried out as prescribed.
Accordingly, for cases of receiving land use rights transfer but without contracts or documents as prescribed, the Application for registration of land changes and assets attached to land shall be submitted according to Form No. 18 issued together with this Decree, the original Certificate issued, and documents on land use rights transfer with sufficient signatures of the transferor and the transferee.
The Ministry of Agriculture and Environment informs citizens to know and contact the local agency handling administrative procedures on land for guidance and resolution.
