Conditions for transferring red books according to the 2024 Land Law
According to Clause 1, Article 45 of the 2024 Land Law, the person transferring or donating 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.
Normally, only the above 5 conditions are required, but in some other cases, there must be additional conditions from the transferor or donor parties.
How much will be fined for not transferring the red book?
According to Clause 2, Article 16 of Decree 123/2024/ND-CP, individuals will be fined from VND 2,000,000 - VND 3,000,000 if they do not register land changes in the following cases:
- Land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, donate land use rights and assets attached to land; contribute capital with land use rights and assets attached to land; lease, sublease land use rights in infrastructure construction and business projects; transfer projects using land;
- Land users and owners of assets attached to land are allowed to change their names;
- Change of land use rights, ownership of assets attached to land due to division, separation, consolidation, merger, conversion of organizational models or the agreement of household members or of husband and wife or of a group of common land users, a group of common owners of assets attached to land;
- Change of land use rights and ownership of assets attached to land according to the results of land dispute mediation recognized by the People's Committee at the competent level; agreements in mortgage contracts to settle debts; decisions of competent state agencies on land dispute settlement, complaints and denunciations about land; judgments and decisions of the Court, decisions to enforce judgments of the enforcement agency have been enforced; decisions or judgments of the Vietnam Commercial Arbitration on resolving disputes between parties arising from commercial activities related to land; documents recognizing the results of land use rights auctions in accordance with the law;
- Establishment, change or termination of rights to adjacent land plots;
- Changes in restrictions on the rights of land users;
- Selling assets, transferring, transferring land use rights that are public assets according to the provisions of law on management and use of public assets.
In case the organization commits the above violations, the fine for the organization is twice the fine for the individual, that is, a fine of VND 4,000,000 - VND 6,000,000 will be imposed (Clause 2, Article 5 of Decree 123/2024/ND-CP).
