Pursuant to Point c, Clause 1, Article 45 of the 2024 Land Law, it is stipulated as follows:
Article 45. Conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights; receive transfers, receive gifts for land use rights
1. Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting the following conditions:
a) 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 this Law;
b) Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect;
c) 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;
In addition, according to Clause 1, Article 17 of Decree 123/2024/ND-CP, it is stipulated as follows:
Article 17. Transferring rights, leasing, subleasing, mortgaging land use rights without meeting the prescribed conditions
1. For the act of converting agricultural land use rights without meeting the prescribed conditions, the form and level of penalty are as follows:
a) Fine from VND 2,000,000 to VND 3,000,000 for the act of converting agricultural land use rights without meeting one of the conditions prescribed in Clause 1, Article 45 of the Land Law;
b) Fine from VND 3,000,000 to VND 5,000,000 for the act of converting agricultural land use rights without meeting the conditions prescribed in Article 47 of the Land Law;
c) Fine from VND 5,000,000 to VND 10,000,000 for the act of converting agricultural land use rights without meeting the conditions prescribed in Clause 1, Article 45 and Article 47 of the Land Law.
2. The act of an individual who is an ethnic minority person who is allocated or leased land by the State according to the provisions of Clause 3, Article 16 of the Land Law (except for the cases specified in Clause 1, Clause 2, Article 48 of the Land Law) and transfers, contributes capital, donates, or inherits land use rights shall be subject to a fine of VND 5,000,000 to VND 10,000,000.
3. The act of transferring, leasing, subleasing, inheriting, donating land use rights; mortgaging, contributing capital using land use rights that do not meet one of the conditions prescribed in Clause 1, Article 45 of the Land Law shall be subject to the following forms and levels of sanctions:
Thus, the act of converting agricultural land use rights without a red book can be subject to a fine of 2 million to 3 million VND. If the additional conditions for converting land use rights are not met, a fine of up to 10 million VND may be imposed according to the above regulations.
However, in the case of converting agricultural land use rights when consolidating land plots and exchanging plots, it is not necessary to meet the conditions for having a red book.
Therefore, even if there is no red book, the right to use agricultural land can still be converted without administrative sanctions for not violating legal regulations.
Note: Pursuant to Clause 2, Article 5 of Decree 123/2024/ND-CP, the above fine is the fine for individuals and organizations with the same violation, the fine is twice the individual fine.
