📋 Tender Overview
Mr. Le Xuan Quocs family (Hue) received the real estate transfer by handwritten paper (contract paper) on April 3, 1990, paid in full and received the house handover, living stably, without disputes for the past 36 years. Mr. Quoc has registered permanent residence since 1990. The seller has gone abroad and has long lost contact. After selling the house to Mr. Quoc, 20 days later (April 23, 1990), the seller completed procedures with the (former) Department of Construction to issue a certificate/license, which included authorization for Mr. Quoc to manage/custody to legalize exit procedures. However, that document did not have Mr. Quocs signature at all. He never signed any document agreeing to be the authorized recipient or custodian. The actual sale was completed 20 days earlier. In 2014, the Department of Natural Resources and Environment refused to accept the red book for Mr. Quoc due to concerns about disputes because there was authorization content in the real estate certificate issued on April 23, 1990 even though this was only a unilateral declaration of the former owner without his signature. This is an act of dishonest declaration to hide the actual sale transaction. Mr. Quoc asked, is the land registration agency allowed to refuse to issue a Certificate to him on the grounds of authorized land, when the authorization document lacks the signature of the authorized recipient? Can he apply the 30-day public listing procedure locally to confirm there is no dispute and issue a Certificate in the form of hand-written sales, no longer contacting the former owner (Article 82 of Decree No. 101/2024/ND-CP) or not? The Ministry of Agriculture and Environment responded to this issue as follows: The content of your reflection is that the specific case falls under the local jurisdiction and needs to be based on archived records and specific local regulations issued under authority to implement the Land Law and other relevant laws for consideration and resolution; Therefore, the Ministry has no basis to respond. The Ministry of Agriculture and Environment would like to state some principles as follows: In Clause 2, Article 19, Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulates that agencies receiving documents and agencies handling procedures do not receive documents or stop processing procedures for registering land and assets attached to land and return documents to the person requesting registration, except in the case of first-time land registration without issuing a Certificate. land use rights, ownership of assets attached to land, in the following cases: a) Not under the authority to receive documents or documents with incomplete components or not ensuring the consistency of information content between documents or declaration of incomplete information according to regulations; attached to land for assets that are land use rights, assets attached to land of land users, owners of assets attached to land subject to judgment enforcement according to the provisions of law; c) Receive a written notice of distraint of assets for judgment enforcement; d) Receive a document from the Peoples Committee of the commune or the Peoples Committee of the district or the Peoples Committee of the province or the Minister of Natural Resources and Environment on the acceptance of the request for conciliation of land disputes land or a request to resolve a dispute over land and assets attached to land; d) Receive a document from a competent Peoples Court on the acceptance of an application to resolve a dispute over land and assets attached to land; e) Receive a document from the Vietnam Commercial Arbitration on the acceptance of a request to resolve a dispute between the parties arising from commercial activities related to land and assets attached to land; g) Receive a document requesting to stop carrying out administrative procedures on land. to apply temporary emergency measures of the competent authority; h) In case of registering land changes due to transfer or donation of land use rights or ownership of assets attached to land but the land use rights and ownership of assets attached to land are being mortgaged and registered at the Land Registration Office or Land Registration Office Branch but the application for registration of transfer or donation does not contain a document from the mortgagee agreeing to the mortgagees transfer. transfer or donate land use rights and ownership of assets attached to land; i) In case the investor has mortgaged and registered a mortgage on a housing construction investment project or a house to be formed in the future, a non-residential construction investment project, an agricultural investment project, a forest development project, or other projects using land or construction works belonging to these projects at the Land Registration Office, the Land Registration Office Branch to which the investor transferred the rights. Use land, sell assets attached to land but have not yet carried out procedures for registering changes to reduce the mortgaged assets, which are assets that have been transferred or sold, unless the mortgagee and the asset buyer have agreed to continue using this asset as collateral and register the changes.security party according to the provisions of law on registration of security interests. In case of eligibility for issuance of a Certificate, the procedure for granting a Certificate includes the step of (publicly posting the confirmation contents according to Form No. 17 issued with this Decree at the headquarters of the Peoples Committee of the commune, residential area where the land and assets attached to land are located within 15 days, and at the same time considering and resolving comments on the public content (if any). (Section II, content C, Part V, Appendix I issued with Decree No. 151/2025/ND-CP)). In the case of authorized land or not, when the authorization document lacks the signature of the authorized
