Conditions for transferring red books in 2025
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 a 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.
Note: Normally, only the above 5 conditions are required, but in some other cases, there must be additional conditions from the transferor or donor parties.
Time for transferring the red book
Clause 3, Article 133 of the 2024 Land Law stipulates the time limit for registering land changes as follows:
In cases of registration of changes specified in Points a, b, i, k, l, m and q, Clause 1 of this Article, within 30 days from the date of change, the land user must register the change with the competent authority.
In case of enforcement of judgments, the time limit for registration of changes is calculated from the date of handover of enforcement assets and auction assets.
In case of inheritance of land use rights, the time limit for registration of changes is calculated from the date of completion of division of land use rights as inherited assets according to the provisions of the law on civil matters or from the date the judgment or decision of the Court takes legal effect.
Thus, people must transfer the red book within 30 days from the date of change (ie within 30 days from the date of notarization and certification of the transfer or donation of land use rights), then people are required to register the change at the competent land registration agency.