Cases where the red book cannot be transferred
Pursuant to Article 45 of the 2024 Land Law, the conditions for wanting a person to transfer or donate land use rights are stipulated. Accordingly, the following cases are not allowed to be transferred to the red book:
Land without a red book, pink book or other legal documents as prescribed.
The land in dispute/dispute has not been resolved by a competent state agency, the judgment, decision of the court, the decision, and award of the arbitrator have not been valid.
Land use rights are being seized or other measures are being applied to ensure the enforcement of civil judgments.
The land has expired.
Land use rights are subject to temporary emergency measures.
In addition to the above cases, in some cases, the red book cannot be transferred because the transferee is not allowed to receive the transfer or donation of land use rights as prescribed in Clause 8, Article 45 of the 2024 Land Law, including:
- 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.
Cases of restricted transfer of red book
* Cases where ethnic minorities are allocated land
According to Article 48 of the 2024 Land Law, the implementation of land use rights is subject to the following conditions:
(1) Individuals who are ethnic minorities who are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law are allowed to inherit, donate, or transfer land use rights to subjects belonging to the inheritance line as prescribed in Clause 2, Article 16 of the 2024 Land Law.
(2) In case the land user dies without an heir who is a subject specified in Clause 2, Article 16 of the 2024 Land Law, the State shall reclaim the land and compensate the heir for the assets attached to the land in accordance with the provisions of law;
In case the land user moves from the provincial area where the land is located to another place of residence or no longer needs to use it but does not donate or transfer the land use rights to the heir who is the subject specified in Clause 2, Article 16 of the 2024 Land Law, the State will reclaim the land and compensate the assets attached to the land according to the provisions of law to the person whose land is reclaimed.
The recovered land area will be used to continue allocating land and leasing land to other individuals who are ethnic minorities according to the policy prescribed in Article 16 of the 2024 Land Law.
(3) Individuals who are ethnic minorities who are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law shall have their land use rights mortgaged at the policy bank.
(4) Individuals who are ethnic minorities who are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the 2024 Land Law are not allowed to transfer, contribute capital, donate, inherit, or mortgage land use rights, except for the cases specified in Clause (1) and Clause (2).
(5) The People's Committee at the commune level is responsible for managing the recovered land area according to the provisions of Clause (1)).
* Cases of agricultural land use
Pursuant to Article 45 of the 2024 Land Law, individuals using agricultural land allocated by the State, converted, transferred, inherited, or donated legal land use rights from others are only allowed to transfer agricultural land use rights within the same provincial administrative unit to other individuals and are not required to pay income tax from conversion of land use rights and registration fees.
