1. Regulations on buying land with handwritten documents
* In case of land transfer before August 1, 2024:
Clause 1, Article 42 of Decree 101/2024/ND-CP stipulates the issuance of Certificates in cases where land use rights have been transferred but transfer procedures have not been carried out as follows:
In the following cases of land use due to illegal transfer of land use rights but with the signatures of the relevant parties but without being granted a Certificate and not falling under the cases specified in Clause 2 of this Article, the land user shall carry out land registration procedures, grant of a Certificate of land use rights and ownership of assets attached to land for the first time according to the provisions of the Land Law and the provisions of this Decree without having to carry out procedures for transferring land use rights; the agency receiving the dossier shall not request the transferee of land use rights to submit contracts and documents on transferring land use rights according to the provisions of law, except for documents on inheritance of land use rights according to the provisions of Point d, Clause 1, Article 28 of this Decree:
a) Using land due to receiving land use rights transfer before July 1, 2014 in cases where there are no documents on land use rights as prescribed in Article 137 of the Land Law.
b) Use of land due to transfer of land use rights before August 1, 2024 with documents on land use rights as prescribed in Article 137 of the Land Law.
c) Use of land due to the transfer of land use rights from the inheritor of land use rights as prescribed in Clause 4, Article 45 of the Land Law.
Thus, land transfers by handwritten documents before August 1, 2024 can still be recognized as valid if they meet all conditions.
* In case of transfer from August 1, 2024 to present
A land use rights transfer contract is a type of contract that must satisfy the conditions of content and form to be valid. In other words, it must be notarized or certified (conditions of form) to be valid.
This content is stipulated in Point a, Clause 3, Article 27 of the 2024 Land Law as follows:
Notarization and authentication of contracts and documents implementing land users' rights are carried out as follows:
a) 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 case specified in Point b of this Clause.
Thus, contracts for the transfer of land use rights, land use rights and assets attached to land between households and individuals must be notarized and certified, otherwise they will be invalid.
2. Can I get a red book if I bought land with a handwritten document before 1993?
In case the land is being used but has not been granted a Certificate, the land user shall carry out the procedures for granting a Certificate of land use rights, house ownership rights and other assets attached to the land for the first time without having to carry out procedures for transferring land use rights.
Notably, the agency receiving the application is not allowed to request the transferee of land use rights to submit the contract or document on land use rights transfer if:
- Use of land due to transfer of land use rights before July 1, 2014 in cases where there are no documents on land use rights in Article 137 of the 2024 Land Law.
- Use land due to receiving land use rights transfer before August 1, 2024 with documents on land use rights in Article 137 of the 2024 Land Law.
- Use of land due to transfer of land use rights from the inheritor of land use rights.
Thus, in cases where parties bought and sold land by handwritten documents (without notarization or certification) before 1993, they can carry out the procedure for issuing the first red book.
