1. Land without red book, pink book
If the land does not have a Certificate (red book, pink book) but is not eligible for inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law, the land will not be eligible for transfer.
If the parties continue to make the actual transfer, the transfer will not be legally valid. No matter what procedures the parties carry out, the transfer is still invalid.
2. Land in dispute
Similar to the case of land without a red book, the land in dispute cannot be transferred; at the same time, when the land is in dispute, the parties cannot register changes (transfer is invalid).
Note: Only land is considered to be in dispute The competent authority for land dispute resolution has received a request for land dispute resolution from the parties. In particular, in cases where the parties have a "real" dispute but do not request a competent authority to resolve the land dispute, they are still eligible for transfer according to the provisions of law.
3. Land use rights are being seized to ensure enforcement of judgments
When the land is being seized to ensure enforcement of the judgment, the land user is not eligible for transfer, so it is not possible to register the change.
If the land user intentionally transfers the land without the transferee knowing, they have the right to request the Court to declare the transfer contract invalid, the two parties will return to each other what they have received and the faulty party (the transferee) must compensate the transferee for damages (if any).
4. Land under planning
Although land under planning will not be reclaimed immediately by the State in many cases and the land users still have certain rights such as: still being compensated if they meet the conditions; still being transferred, donated, inherited... However, they should not buy because the compensation price is low and difficult to transfer.
In case you do not know why you should "if" buy land under the planning, you can review the contract to know how to protect your rights. If the transferor commits to a land that is not in the planning area, the transferee has the right to request a return of the land and receive the money back; if there is a regulation on a contract fine for violation, the right to apply this provision.
5. Land purchased with handwritten documents
Although in this case the land may not lack the conditions for transfer, the transfer issue will be invalid because it does not meet the conditions on the form of the contract, except in the case specified in Clause 2, Article 129 of the 2015 Civil Code.
This content is clearly stipulated in Point a, Clause 3, Article 27 of the 2024 Land Law. Accordingly, the notarization and authentication of contracts and documents exercising the rights of land users are carried out as follows:
Contracts for transfer, donation, mortgage, capital contribution using land use rights, land use rights and assets attached to land must be notarized or certified, except for the cases specified in Point b of this Clause.
Accordingly, if the transfer contract is not not notarized and certified according to regulations, it will be divided into 2 cases:
- Land not eligible for transfer: The transfer cannot be carried out due to not being eligible for transfer and violating conditions on the form of the contract.
- Land eligible for transfer: If one or more parties have fulfilled at least two-thirds of their obligations in the transaction, at the request of one party or the parties, the Court shall issue a decision to recognize the validity of that transaction. In this case, the parties do not have to notarize or certify.
Thus, even if the contract is not not notarized or certified, there is still a way to make this transfer effective if the land is eligible for transfer and the transferee is not eligible for transfer.
