Clause 1, Article 45 of the 2024 Land Law clearly stipulates the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights; receive transfer, receive donation of land use rights.
Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, and contribute capital using land use rights when meeting all of the following conditions:
a) Have a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership 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, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;
b) Land is not in dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect;
c) Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement;
d) During the land use period;
d) Land use rights are not subject to temporary emergency measures as prescribed by law.
Thus, the red book is one of the mandatory conditions for land users to exercise the rights to transfer land use rights.
