Citizens send questions to the Ministry of Agriculture and Environment with the content:
My mother is in the name of the Land Use Right Certificate; when she passed away, she did not leave a will. The first inheritance line currently includes my father and 5 children.
According to legal regulations, in cases where co-heirs and related parties make documents refusing to receive the inheritance, they can carry out procedures to register for direct transfer from my mother to me. However, in the locality, functional agencies require transfer to my father first, and then my father transfers to me.
I believe that this solution is not in accordance with legal regulations, causing additional administrative procedures, and is not in accordance with the Government's policy of reforming and reducing administrative procedures. Therefore, I respectfully request the Ministry to consider and have unified guiding documents nationwide to avoid causing trouble for people.
Answering this content, the Ministry of Agriculture and Environment said:
The content of citizens' reflections is a specific case under the jurisdiction of the locality and needs to be based on archived records and specific regulations issued by the locality according to its authority to enforce the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer. The Ministry would like to state some principles as follows:
The implementation of procedures for registering land changes (transfer of land use rights) has been specified in section VI, content C, part V, appendix I issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government. For cases of receiving inheritance of land use rights, land users submit documents as prescribed in section II.1 and clause 1, section II.2, content B, part V, appendix I issued together with Decree No. 151/2025/ND-CP.
Accordingly, land users must submit documents on the transfer of land use rights (documents on inheritance according to the provisions of civil law) and competent authorities to consider issuing Certificates according to the provisions of Clause 3, Section VI mentioned above.
The above is the opinion of the Ministry of Agriculture and Environment, requesting citizens to study and implement it according to the provisions of law. In the process of carrying out administrative procedures on land, in case of disagreement with the results of administrative procedure resolution of competent authorities in the locality, citizens have the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
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