In an interview with Lao Dong, lawyer Nguyen Hau - Lawkey Law Firm said that according to Clause 3, Article 2 of Decree 08/2020/ND-CP, a qualification is a document recording an event or real act caused by direct witness redistribution, made at the request of an individual, agency, or organization according to regulations, except for cases where a qualification is not required, such as: Recording an event or act to transfer the right to use, ownership of land, or property without documents proving the right to use or ownership as prescribed by law; Recording an event or act to conduct illegal transactions of the person requesting the qualification...
Thus, for events related to land that are not one of the cases not covered by the record in Article 37 of Decree No. 08/2020/ND-CP on the organization and operation of redistribution, a record can be established.
In fact, there are cases where it is necessary to have a driving license such as:
- Make a record of the current status of the property before the land is recovered.
- Prepare a record of receipt of property and money when buying real estate.
- Confirm the status of the house when buying a house
- Confirm the situation of encroached houses and land...
Lawyer Nguyen Hau - Lawkey Law Firm added that Clause 2, Article 36 of Decree 08/2020/ND-CP stipulates that notarized documents, certified documents, and other administrative documents cannot be replaced.
According to Article 37 of Decree 08/2020/ND-CP, redistribution of surplus cannot be accompanied by a real estate sale and purchase certificate. Land transactions must be notarized and certified according to regulations.
Thus, the document only confirms that a transaction event occurred in reality and is only valid as evidence to resolve when a dispute arises without legal value on the establishment of a transaction of transfer of land use rights and assets attached to land.
Therefore, buying real estate using a notarized document will not be eligible for a certificate of land use rights and assets attached to the land. This means that buying real estate through the form of a notarized document will not be granted a red book.
To issue a Land Use Rights Certificate, individuals and households must meet one of the conditions granted according to the provisions of the Land Law and guiding documents; Have full legal documents expressed through a notarized, donated, mortgaged, or contributed capital contract using land use rights.
