Mrs. Thuc asks if Mr. B's family can submit a request to separate the land plot and transfer the land use rights to her family. The land plot has been used by her family since January 30, 2009, and is free from disputes, not subject to seizure, and there is no decision from the authorities to recover the land.

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

Due to the incomplete information in your question, the Ministry of Natural Resources and Environment does not have a basis to provide a specific answer. The Ministry offers the following general opinions:

According to Clause 1, Article 188 of the 2013 Land Law, conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights, and contribute capital with land use rights are as follows:

"a) There must be a Certificate of Land Use Rights, except in cases specified in Clause 3, Article 186 and in cases of inheritance as specified in Clause 1, Article 168 of this Law;

b) The land must be free from disputes;

c) The land use rights must not be subject to seizure to secure enforcement of judgments;

d) The land use term must still be valid."

The Ministry of Natural Resources and Environment provides this information for your awareness and further research.

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