Mr. Phuc's family contacted the competent authority for instructions on the procedure for granting the Certificate and was instructed to have handwritten documents attached to prove it according to the provisions of Clause 1, Article 42 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land survey; registration, granting of Certificates of land use rights, ownership of assets attached to land and the Land Information System.

However, due to the long time, the family lost the handwritten sales contract. Mr. Phuc asked, is his family eligible to register for the first Certificate according to the provisions of Article 138 of the 2024 Land Law?

The Ministry of Agriculture and Environment answers this issue as follows:

Based on the provisions of Clause 1, Article 42 of Decree No. 101/2024/ND-CP, the issuance of a certificate in the case of receiving a transfer of land use rights without having carried out the transfer procedures according to the provisions of law, the dossier submitted to carry out the procedures for registering land and assets attached to land for the first time according to the provisions of Point n, Clause 1, Article 28 of Decree No. 101/2024/ND-CP must submit documents on the transfer of land use rights and ownership of assets attached to land with the signatures of the transferor and the transferee.

Therefore, in the case of a sale and purchase by handwritten documents but without these documents in the dossier for granting a Certificate, there is no basis for resolving the issuance of a Certificate according to Article 42 of Decree No. 101/2024/ND-CP.

In case of first issuance of Land Use Right Certificate without documents on land use right, as well as no handwritten documents on sale and transfer of land use right, please refer to the provisions in Articles 138, 139, 140 of the Land Law, Articles 28, 31, 36 of Decree No. 101/2024/ND-CP, contact the competent authority in the locality for settlement according to regulations.