According to Clause 1, Article 45 of the 2024 Land Law, land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, and contribute capital using land use rights when meeting the following conditions:
- Have 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, 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, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- Land has no dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement.
- During the land use period.
- 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 additional conditions from the transferor or donor are required.
At the same time, Article 37 of Decree 101/2024/ND-CP stipulates the responsibilities and tasks of the Land Registration Office when receiving and processing registration dossiers of changes in cases where the dossiers meet the conditions for exercising the right to transfer as follows:
- Check the conditions for exercising rights according to the provisions of the 2024 Land Law in cases of exercising the rights of land users and owners of assets attached to land; in cases where the conditions for exercising rights according to the provisions of the 2024 Land Law are not met, the Land Registration Office shall notify the reason and return the dossier to the person requesting registration.
- Carry out measurement and re-determine land plot area (except for some other cases).
- Send the Information Transfer Form to determine financial obligations on land to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be performed according to the provisions of law.
- Adjust and update changes in land records and land databases; issue new Certificates of land use rights and ownership of assets attached to land or confirm changes on issued Certificates in cases where financial obligations are not required to be fulfilled; hand over Certificates of land use rights and ownership of assets attached to land or send them to the dossier receiving agency to hand over to the grantee.
Accordingly, when checking the records, if the conditions are met, the Land Registration Office will perform the tasks according to the above authority. In which, there is no regulation requiring confirmation of the current status of the land plot, meaning there is no regulation on signing the boundary when transferring.
Thus, there is no mandatory regulation to sign the boundary when transferring the name or red book. If there is a dispute, the transfer will not be eligible.
