Land sale is understood as the transfer of land use rights. However, depending on each time, the transfer of land use rights without a red book will have different regulations and handling methods.
Buying land before January 8, 2024
According to Clause 1, Article 45 of the 2024 Land Law, the transfer of land use rights is only allowed when there is a Certificate of Land Use Rights (red book, pink book), except for some special cases such as inheritance of land use rights, conversion of agricultural land in cases of land consolidation, donation of land use rights to the State or communities, and some other cases as prescribed by the Law.
In addition, land also needs to meet the following conditions:
- Land is not in dispute.
- Land use rights are not subject to seizure to ensure enforcement of judgments.
- Within the land use term.
- Land use rights are not subject to temporary emergency measures.
Therefore, if the land does not have a red book, the land use rights cannot be transferred. In case the parties still want to make the transaction, they need to apply for a red book from the old owner. After the old owner has a red book, the parties carry out the procedures to transfer the land name in accordance with regulations.
Land transfer before August 1, 2024
For cases that have transferred land use rights before August 1, 2024 but have not yet completed the name change procedure, the land user will be granted a new red book if eligible.
According to Article 42 of Decree 101/2024/ND-CP, land users in this case do not have to carry out procedures for transferring land use rights but only need to register land and carry out procedures for issuing a first red book. The agencies receiving the documents do not require the parties to provide land transfer contracts according to the law, except in cases of inheritance of land use rights.
In short, buying land without a red book from August 1, 2024 onwards is not legal, except in special cases. If you buy before August 1, 2024, you can carry out the procedure for the first red book issuance if the land is eligible.
