Source: cafef.com
The Government Portal recently published a response to a query regarding land ownership. Mr. Tran Tan Phuc from Can Tho city owns 2,300 square meters of rice field, acquired through a transfer in 2000. However, Mr. Phuc’s family has not yet received their first land use certificate.
When the Phuc family contacted the authorities for guidance on obtaining the certificate, they were informed that a handwritten document was required as proof, in accordance with Clause 1, Article 42 of Decree No. 101/2024/ND-CP, dated July 29, 2024. This decree outlines regulations related to land investigations, registration, and certification of land use rights.
Unfortunately, due to the passage of time, the Phuc family has misplaced the handwritten sales document. Mr. Phuc inquires if, despite the lack of this document, his family is still eligible for the first-time certification as per Article 138 of the 2024 Land Law.
The Ministry of Agriculture and Environment provides the following response:
According to Clause 1, Article 42 of Decree 101/2024/ND-CP, for cases involving the transfer of land use rights without following legal procedures, the application dossier for the first-time registration of land and assets attached to the land must include a document evidencing the transfer. This is specified in Point n, Clause 1, Article 28 of Decree 101/2024/ND-CP. The transfer document should bear the signatures of both the transferor and the transferee.
Consequently, in the absence of the handwritten paper in the certificate application dossier, there is no basis for granting a certificate under Article 42 of Decree 101/2024/ND-CP.
For cases of first-time land use certificate issuance without any land use rights documents or handwritten sales/transfer documents, Mr. Phuc is advised to refer to Articles 138, 139, and 140 of the Land Law, as well as Articles 28, 31, and 36 of Decree 101/2024/ND-CP. He should also contact the competent authorities in his locality for resolution as per the regulations.
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