Sending a question to the Government's Electronic Information Portal, the reader has 2,300m2 of rice land, originally transferred in 2000, but to date the family has not been granted a first Land Use Rights Certificate.
Readers' families who have contacted the competent authority to guide the procedures for granting the Certificate are instructed to have a handwritten document to prove it according to the provisions of Clause 1, Article 42 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the land information system.
However, due to a long time, the family lost the handwritten sales documents. Readers ask, is your family eligible to register for the first Certificate according to the provisions of Article 138 of the 2024 Land Law?
Responding to this content, the Ministry of Agriculture and Environment said that, based on the provisions of Clause 1, Article 42 of Decree No. 101/2024/ND-CP, a certificate must be issued for cases of receiving a transfer of land use rights without carrying out the transfer procedure according to the provisions of law, the dossier must be submitted to carry out the first-time registration of land and assets attached to land according to the provisions of Point n, Clause 1, Article 28 of Decree No. 101/2024/ND-CP, and documents must be submitted on the transfer of land use rights and ownership of assets attached to land with the signature of the transferor and the transferee.
Therefore, in cases where a handwritten document has been purchased and sold but there is no such document in the dossier for granting a Certificate, there is no basis to resolve the issuance of a Certificate according to Article 42 of Decree No. 101/2024/ND-CP.
In case of initial issuance of a Land Use Rights Certificate without documents on land use rights, as well as without handwritten documents on the purchase and sale, transfer of land use rights, readers are requested to refer to the provisions of Articles 138, 139, 140 of the Land Law, Articles 28, 31, 36 of Decree No. 101/2024/ND-CP, contact the competent authority in the locality for settlement according to regulations.
