Previously, Decree 01/2017/ND-CP stipulated that land in use that has not been granted a certificate can be granted a certificate without having to go through the procedure for transferring rights, including:
- Land received by transfer or gift before January 1, 2008.
- Land received by transfer or donation from January 1, 2008 - before July 1, 2014 with documents on land use rights in Article 100 of the 2013 Land Law and Article 18 of Decree 01/2017/ND-CP.
- Land inherited from land use rights before July 1, 2014.
The 2024 Land Law has extended the time period for granting certificates for land transferred without documents to July 1, 2014 instead of January 1, 2008.
Accordingly, compared to before, this regulation has created more favorable conditions for people to buy land before July 1, 2014, including the time before 2008 in the old regulation.
People need to note some of their legal rights and interests when using land transferred before 2008 as follows:
1. For land that has not been granted a red book
Buying and selling land with handwritten documents can still be granted red books
Clause 1, Article 42 of Decree 101/2024/ND-CP stipulates that land acquired through transfer before July 1, 2014 without the documents on land use rights prescribed in Article 137 of the 2024 Land Law can still be granted a red book.
The buyer can have his/her name on the red book if he/she meets the conditions for issuance.
Decree 101/2024/ND-CP also clearly states: People who are using land shall carry out procedures for land registration, issuance of Certificates 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 transfer is recognized even though the land has no documents.
From August 1, 2024, land transfers without land use right documents as prescribed in Article 137 of the 2024 Land Law will only be recognized if they occur before July 1, 2014.
In case of transfer during the period from July 1, 2014 to before August 1, 2024, the land must have documents on land use rights.
2. For land with red book
Pursuant to Clause 2, Article 42 of Decree 101/2024/ND-CP, in case the land in use is land received through transfer, inheritance, or donation before August 1, 2024, and the transferee only has a certificate from the transferor or a contract or documents on the transfer of rights as prescribed, the procedure for applying for a certificate is as follows:
Step 1. Submit application
- Application for Change Registration (according to Form No. 11/DK).
- Contract or document on land use rights transfer in case there is only a contract or document on land use rights transfer that has been made but the transferor does not return the book to the transferee.
Step 2. The Land Registration Office shall notify in writing and the People's Committee of the commune where the land is located to publicly post the issuance of the first certificate to the transferee. In case the address of the transferor is unknown: The Land Registration Office shall post the notice 3 times in the local mass media.
Step 3. After 30 days without a request for dispute resolution, the land registration office will issue a certificate to the transferee.
