1. Check if the land is eligible for transfer?
Pursuant to Clause 1, Article 45 of the 2024 Land Law, the persons who transfer or donate land use rights must fully meet the following conditions:
- Having a certificate of land use rights or a certificate of ownership of houses and residential land use rights or a certificate of land use rights and ownership of houses and other land - attached assets or a certificate of land use rights and ownership of land - attached assets, except for cases of inheritance of land use rights or conversion of agricultural land upon consolidation, exchange of land parcels or donation of land use rights to the State or population communities and the cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- The land is not in dispute or in dispute but the dispute has been settled by a competent agency and all court judgments or decisions or arbitral awards have taken legal effect.
- Land use rights are not distrained or subject to other measures to ensure judgment enforcement in accordance with the law on enforcement of civil judgments.
- During the land use term.
- The land use right is not subject to the application of provisional urgent measures as prescribed by law.
Note: Normally, only 5 conditions above but in some other cases, there must be additional conditions of the transferor or donor.
2. Verification of information about the land seller before buying land (the transferor)
One of the conditions for transferring the land use right is that the land is purchased without dispute and the seller must have the full right to transfer or obtain the consent of the persons with the common use right of the land according to Article 45 of the 2024 Land Law.
According to Article 27 of the 2024 Land Law, land users may transfer land use rights in the following 3 cases:
- The transferor is the person named in the red book or the person authorized to transfer land.
- If the to be - transferred land plot is the common property of husband and wife, the transfer thereof must be consented by the other person, thus the consent of both persons is required.
- For red books in the names of many persons, when transferring such land plots, the contracts must be signed with the consents of all persons with related interests and obligations.
3. Check whether the land has a red book or not?
According to Article 45 of the 2024 Land Law, when transferring land use rights, a land use right certificate or a certificate of house ownership and residential land use rights (red book/pink book) or one of the papers proving land use rights is required.
4. Check if the land plot is under planning?
Pursuant to Article 76 of the 2024 Land Law, houses and land under planning may still be purchased and sold in the following two cases:
- If the land is purchased or sold before the land recovery notice or decision is issued, the land user shall be granted a certificate.
- Land users shall not be granted certificates for purchase or sale of land after land recovery notices or decisions are issued.
5. Notarization of land use right transfer contracts
Clause 3, Article 27 of Land Law 2024 stipulates that contracts on transfer, donation, mortgage or capital contribution with land use rights, land use rights and land - attached assets must be notarized or authenticated.
Except for contracts on lease or sublease of land use rights, land use rights and land - attached assets, contracts on exchange of agricultural land use rights; contracts on transfer or contribution of land use rights, land use rights and land - attached assets as capital to organizations conducting real estate business, which are notarized or authenticated at the request of parties.
