Ms. Lan asked whether her parents could obtain a Land Use Certificate for this land. If they could, would they be able to transfer or convey it to their children?

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

According to the report, the land in question was assigned by the government for production purposes in 1988, with handover documents from a committee, but it is unclear which administrative committee issued them. Therefore, the Ministry of Natural Resources and Environment does not have enough information to provide a specific answer.

If the land was assigned within the proper jurisdiction, and there are documents regarding land use rights, the issuance of a Land Use Certificate would be carried out according to the provisions of Article 100 of the Land Law.

If the land was assigned outside the proper jurisdiction and there are no documents regarding land use rights, the issuance of a Land Use Certificate would be carried out according to the provisions of Article 23 of Decree No. 43/2014/NĐ-CP.

Article 188 of the Land Law stipulates the conditions for exercising the rights of land users, while Article 168 of the Land Law specifies the timing for the exercise of land user rights.

The Ministry of Natural Resources and Environment provides this information to help Ms. Lan understand and carry out the process of transferring or gifting the land use rights.