1. Check if the land is eligible for transfer?
Pursuant to Clause 1, Article 45 of the 2024 Land Law, the transferor or donator of land use rights must meet the following conditions:
- Having a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights 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, communities and 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 has a dispute but has been resolved by a competent authority and has full judgments and decisions of the Court or Arbitration that have come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement.
- Within the land use term.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
2. Verify the information of the transferor (selling side)
According to Article 27 of the 2024 Land Law, land users are allowed to transfer land use rights in the following 3 cases:
- First: The transferor is the person whose name is on the red book or the authorized person to transfer the land.
- Second: If the transferred land is the common property of a husband and wife, the transfer must have the consent of the other person, therefore, there must be consensus from both people.
- Third: If the red book is in the name of many people, when transferring that piece of land, the contract must have the consent of all people with related rights and obligations.
3. Check if the land plot is under planning or not?
According to Clauses 4, 6, 7, Article 76 of the 2024 Land Law, houses and land in the planning area can still be bought and sold, but the following 2 cases will occur:
- Buying or selling before there is a notice or decision to reclaim the land, the land user will be granted a certificate.
- Buying or selling after receiving a notice or decision to reclaim the land, the land user will not be granted a certificate.
4. Check if the land has been granted a red book?
According to Article 45 of the 2024 Land Law, when transferring land use rights, there must be a Certificate of Land Use Rights or a Certificate of Housing Ownership and Land Use Rights (red book) or one of the documents proving land use rights as prescribed.
5. Notarization of land use rights transfer contracts
Clause 3, Article 27 of the 2024 Land Law stipulates that contracts for transfer, donation, mortgage, capital contribution using land use rights, land use rights and assets attached to land must be notarized or certified.
6. Conditions of the transferee (buyer)
Pursuant to Clause 8, Article 45 of the 2024 Land Law, the following cases are not allowed to receive transfers or gifts of land use rights:
- Economic organizations are not allowed to receive transfer of rights to use protective forest land or special-use forest land from individuals, except in cases where the purpose of land use is changed according to the planning and land use plan approved by competent authorities.
- Individuals who do not live in protected forests or special-use forests are not allowed to receive transfers or gifts of land use rights for residential land and other land in protected forests or in strictly protected sub-zones or ecological restoration sub-zones in those special-use forests.
- Organizations, individuals, communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are not permitted by law to receive transfers or gifts of land use rights.
