According to Sub-section XI, Section C, Part V, Appendix I of Decree 151/2025/ND-CP, for cases of receiving land use rights transfer before the prescribed time frames, land users are not required to submit sales contracts or transfer documents, and the dossier receiving agency is not required to submit these additional documents.
Specifically, people who are using land in one of the following cases will be considered for a Certificate without having to go through procedures to transfer land use rights:
- Receive the transfer of land use rights before July 1, 2014, in cases where there are no documents on land use rights as prescribed in Article 137 of the 2024 Land Law;
- Receive the transfer of land use rights before August 1, 2024, in cases where there are documents on land use rights according to Article 137 of the 2024 Land Law;
- Receive the transfer of land use rights through inheritance as prescribed in Clause 4, Article 45 of the 2024 Land Law.
In addition, when losing or no longer having sales documents, the transferee can:
- Contact the transferor (ex-owner) to make a document confirming the transfer of land use rights;
- If it is impossible to contact, but the cadastral data shows that the transferee is using the land stably, then the Certificate will still be considered.
Thus, the loss of a handwritten sales certificate can still be granted a red book, as long as the land user has a basis to prove the actual, stable, uncontested use process and is consistent with the information in the land records.
For example: Mr. A transferred the land use rights to Mr. B, but then Mr. B lost the handwritten sales documents. At the time of transfer, the land records had not updated information about Mr. A as the land user. However, after Mr. B received the transfer, the land agency conducted measurements, inventories and recorded Mr. B as the person using the land in the management data. In this case, even if the sale certificate is lost, Mr. B can still be considered for a Land Use Rights Certificate.
