(1) In which cases is land purchased with a handwritten document still legal?
a, Land transfer from August 1, 2024
Pursuant to Point a, Clause 3, Article 27 of the 2024 Land Law, contracts for transfer of land use rights, land use rights and assets attached to land between households and individuals must be notarized and certified or they will not be valid, except for Clause 2, Article 129 of the 2015 Civil Code. It can be simply understood that an un Notarized or certified transfer contract will be considered invalid and not eligible for registration.
b, Land transfer before August 1, 2024
Pursuant to Sub-section XI, Section C, Part V, Appendix I of Decree 151/2025/ND-CP, for cases of receiving land use rights transfer before the prescribed time frames, land users are not required to submit sales contracts or transfer documents, and the dossier receiving agency is not required to submit these additional documents.
Specifically, people who are using land in one of the following cases will be considered for a Certificate without having to go through procedures to transfer land use rights:
- Receive the transfer of land use rights before July 1, 2014, in cases where there are no documents on land use rights as prescribed in Article 137 of the 2024 Land Law;
- Receive the transfer of land use rights before August 1, 2024, in cases where there are documents on land use rights according to Article 137 of the 2024 Land Law;
- Receive the transfer of land use rights through inheritance as prescribed in Clause 4, Article 45 of the 2024 Land Law.
(2) Does land purchased with a handwritten document require a name change procedure?
Pursuant to Sub-section XI, Section C, Part V, Appendix I of Decree 151/2025/ND-CP, in cases where land purchased with a handwritten document but signed by the parties involved, has not been granted a Certificate and is not subject to prohibition, the land user is allowed to carry out the procedures for registration and issuance of the first red book without having to carry out the name change procedure.
(3) Make a new red book when the buyer is holding the red book of the seller
According to sub-section XI, Section C, Part V, Appendix I of Decree 151/2025/ND-CP, in case the land user has received the transfer before August 1, 2024, but the red book is still in the name of the seller, and the buyer only has the original red book or handwritten documents, the transfer contract with the signatures of both parties, the issuance of the new Certificate shall be done as follows:
- Land users submit a Land Changes Registration Application (Form No. 18) accompanied by a contract and transfer documents signed by both parties.
- The land registration office will send a notice to the transferor and the People's Committee of the commune where the land is located to publicly post the procedures for granting a Certificate to the transferee.
- If the address of the seller cannot be determined, the Land Registration Office will post the notice 3 times on local mass media (the fee is paid by the person applying for a Red Book).
- After 30 days from the date of notification or first posting, if there is no dispute, the Land Registration Office will issue a new red book to the buyer; if the seller does not return the old red book, the registration agency will cancel the previously issued Certificate.
- In case of dispute, the Land Registration Office will temporarily suspend the issuance of red books and instruct the parties to submit a petition to the competent authority for settlement in accordance with the law.
(4) Handling disputes over land purchased with handwritten documents
In case of disputes arising related to the transfer of land use rights by handwritten document before August 1, 2024, the settlement is determined as follows:
- If the dispute is related to land use rights (whoever has the legal right to use), the parties must mediate at the People's Committee of the commune, ward, or town where the land is located before filing a lawsuit at the People's Court or requesting the People's Committee at the district or provincial level to resolve it.
- If the dispute is related to the land use rights transfer contract ( validity or obligations in the contract), the parties can file a lawsuit directly at the competent People's Court, without the requirement to mediate at the People's Committee at the commune level.
