In 2021, Mrs. Mai's family purchased another plot of land, but for the past three years, they have been unable to process the paperwork to separate the land use certificate and transfer ownership (to obtain a pink certificate for residential land) because the authorities still do not permit residents to submit applications for donating land for road construction to meet the conditions for separating the certificate.

According to Mrs. Mai, this land regulation is unreasonable. In her locality, many elderly parents wish to separate land for their children, but they cannot fulfill this desire. Additionally, many individuals with multiple plots of residential land want to separate their certificates to sell to others for their livelihood, but they are not permitted to do so.

Mrs. Mai requests that the competent authorities promptly find a reasonable solution and provide specific guidance to help the locality resolve the legitimate rights of the residents.

The Ministry of Natural Resources and Environment responds to this issue as follows:

The Ministry shares the difficulties and inadequacies that Mrs. Mai faces when dealing with administrative procedures regarding land. However, to address the administrative procedures in her specific case, it is necessary to consider the land origin and the cadastral records managed and stored locally. Therefore, the Ministry does not have a basis to provide a specific answer regarding her situation.

To protect her rights, Mrs. Mai is advised to contact the relevant local authority for consideration and resolution.

However, at the time Mrs. Mai inquired, according to the 2013 Land Law, she may refer to the following provisions:

According to Point i, Clause 1, Article 99 of the Land Law, the State issues Certificates of Land Use Rights, home ownership, and other property attached to the land in cases where land users separate or consolidate their plots; for groups of land users or household members, couples, or organizations that separate or consolidate existing land use rights.

Clause 2, Article 143 of the Land Law states that based on local land resources and the rural development plan approved by the competent authorities, the provincial People's Committee stipulates the land allocation limit for each household or individual to build a house in rural areas; the minimum area for separating plots of residential land in accordance with local conditions and customs.

Clause 4, Article 144 of the Land Law stipulates that the provincial People's Committee, based on land use planning, urban construction planning, and local land resources, sets the land allocation limit for each household or individual to build their own house in cases where they do not meet the conditions for land allocation under housing construction investment projects; the minimum area for separating residential plots.

According to Clauses 4 and 6, Article 95 of the Land Law, in cases where a Certificate has been issued and the right to donate land use rights is exercised, it falls under the category of land registration changes, and within a maximum of 30 days from the date of the change, the land user must complete the registration procedures.

The procedures for donating land use rights are carried out according to the provisions of Article 79 of Decree No. 43/2014/ND-CP dated May 15, 2014, from the Government detailing the implementation of certain articles of the Land Law.

Thus, the land law does not stipulate that residents can "donate" a portion of their land for public road construction, but it does provide for the transfer, donation, or inheritance of land use rights to the State; to donate land use rights to local communities for building facilities serving the common interests of the community; and to donate land for social housing in accordance with the law. If a land user does not need the land, it must be returned to the State according to Point c, Clause 1, Article 65 of the Land Law.

Mrs. Mai is advised to contact the relevant local authority for resolution in accordance with the law.