Proposal to issue land ownership certificates for land bought and sold using handwritten agreements.

Ministry of Natural Resources and Environment Proposes Granting Land Use Right Certificates for Hand-Written Paper Land Transactions During 2014-2024 to Resolve Legal Obstacles

In the proposal to include the draft Law on Amending and Supplementing several articles of the Land Law into the 2026 legislative program, the Ministry of Natural Resources and Environment stated that over the past decade, a large volume of land transfer transactions has remained stuck in legal entanglements.

Accordingly, cases of buying and selling houses via hand-written papers have not been granted land use rights (Red Books). Landowners face restrictions on transactions and mortgages, and there is a potential for disputes to arise.

Therefore, to ensure the rights of citizens, the Ministry proposes recognizing land use rights for cases of buying and selling via hand-written papers during the period from after July 1, 2014, to August 1, 2024—the point at which the Land Law 2024 took effect.

Ring Road 3.5 connecting Hanoi and Hung Yen. Photo: The Bang

Tightening Land Transactions While Awaiting Land Acquisition

According to the proposal, the Ministry of Natural Resources and Environment also suggested adjusting the rights of land users when authorities have issued a notice of acquisition but have not yet issued a formal decision.

In practice, while awaiting acquisition, landowners can still transfer, donate, or contribute capital using land use rights (Red Books). However, in reality, “compensation-grabbing” transactions have emerged to exploit policies for profit.

To rectify this, the Ministry proposes tightening regulations: those receiving transfers, donations, or capital contributions via land use rights shall only be entitled to compensation, support, and resettlement rights equivalent to those of the previous landholder whose land is being acquired.

According to the drafting agency, tightening land transactions while awaiting acquisition will limit speculation and ensure fairness in compensation and site clearance policies.

Revisiting Policies for Paddy Land

According to current regulations, if individuals receive transfers of paddy land exceeding the quota, they must establish an economic organization and a land-use plan. According to the Ministry of Natural Resources and Environment, this regulation is deemed to create additional procedures and costs and is inconsistent with the practical implementation of projects.

Therefore, the drafting agency proposes easing this by: in cases where there is already a suitable investment project, it is not necessary to create an additional paddy land-use plan, thereby reducing procedural barriers and creating conditions for the efficient exploitation of land funds.

Furthermore, the proposal mentions handling cases of land with complex origins, such as encroached land or land allocated beyond authority in the past, in a more flexible manner that aligns with actual usage.

Farmers in the Mekong Delta rice fields. Photo: Phung Tien

After nearly two years of implementation, the Land Law 2024 has revealed many emerging obstacles in practice that have not been fully resolved. According to the Ministry, 26 documents were issued by authorities to remove difficulties, yet bottlenecks regarding land prices, acquisition, compensation, administrative procedures, and the decentralization of authority still exist.

The Ministry of Natural Resources and Environment stated that this amendment aims to remove bottlenecks, reduce disputes, and unlock “frozen” land resources. However, the Ministry emphasized that recognition must be accompanied by clear criteria to prevent profiteering.

The draft Law on Amending and Supplementing is expected to adjust approximately 65 articles of the Land Law 2024, primarily codifying piloted mechanisms and increasing decentralization and delegation now that the two levels of local government are operational.

Gia Chinh