Land without red book can still be transferred, with the following 3 time frames:
+ From August 1, 2024 onwards:
Point a, Clause 1, Article 45 of the 2024 Land Law stipulates: Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, and contribute capital using land use rights when meeting all of the following conditions:
- Have a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land, except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;
Thus, there are 2 cases where the transfer is still possible without a Certificate:
Case 1: Foreign-invested economic organizations receive real estate project transfers according to regulations.
Case 2: Households and individuals using land that have not been granted a Certificate but are eligible for a Certificate are entitled to transfer.
+ From July 1, 2014 to before August 1, 2024:
Point a, Clause 1, Article 188 of Land Law No. 45/2013/QH13 stipulates: Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights when the following conditions are met:
- Have a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law.
Thus, from July 1, 2014 to before August 1, 2024, there are 2 cases where ownership without a Certificate can still be transferred:
- Case 1: All inheritors of land use rights, house ownership rights, and other assets attached to land are foreigners or Vietnamese people residing abroad who are not eligible to buy houses attached to land use rights in Vietnam.
- Case 2: When receiving inheritance of land use rights, the land user is allowed to exercise the right to transfer or donate when having a Certificate or meeting the conditions for granting a Certificate.
+ Before July 1, 2014:
According to Clause 1, Article 82 of Decree 43/2014/ND-CP, amended and supplemented by Clause 54, Article 2 of Decree 01/2017/ND-CP, the transfer of land use rights without a Certificate before July 1, 2014 is still recognized and protected by law if conditions are met.
Land without red book is still compensated
Pursuant to Clause 1, Article 95 of the 2024 Land Law, when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests, land users will be compensated for land if they fall into one of the following cases:
- Households and individuals using land that is not rented land must pay annual land rent.
- The community is using land with pagodas, communal houses, temples, shrines, hermitages, family churches, and other religious buildings; agricultural land according to Clause 4, Article 178 of the 2024 Land Law (agricultural land used by individuals and communities) and that land is not in dispute, and is confirmed by the People's Committee of the commune where the land is located as land used in common by the community.
- Vietnamese people residing abroad.
- Religious organizations and affiliated religions permitted by the State to operate are using land that is not allocated/leased by the State; not land transferred or donated from July 1, 2004 onwards.
- Overseas Vietnamese people are allocated land by the State with land use fees collected, leased land with one-time payment for the entire lease term; receive land transfers in industrial parks, industrial clusters, high-tech zones, and economic zones.
- Organizations that are allocated land by the State with land use fees collected, lease land with one-time land rent payment; receive inheritance of land use rights, receive transfer of land use rights, receive capital contribution in the form of land use rights.
- Foreign organizations with diplomatic functions are leased land by the State with one-time payment.
- Economic organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital are allocated land by the State with land use fees collected to carry out investment projects to build houses for sale/sale combined with lease; lease land with one-time payment.
