Speaking with Lao Dong reporter, lawyer Truong Anh Tu (TAT Law Firm) said that according to the 2024 Land Law No. 31/2024/QD-CP, land transactions without a land use right certificate (red book) can lead to many serious legal consequences including:
Transaction is considered void
According to regulations, one of the conditions for legal land transfer is to have a land use rights certificate. Without a red book, the transfer transaction will be considered invalid (without legal value).
In case of land transfer transactions without a red book, the parties must return the property or value received; If the land has been transferred many times, resolving the consequences will be complicated and disputes will easily arise.
Land buyers without red books will not be protected by law.
Therefore, land buyers without a red book will not be granted a land use right certificate; cannot carry out land-related procedures such as mortgage, transfer or donation; and risk losing the entire property if the transaction is canceled.
However, according to Article 137 and Article 1136 of the 2024 Land Law, land without a red book can still be granted a certificate if it falls into the following cases:
- Have documents proving land use rights from before October 15, 1993.
- Stable land use, no disputes, in accordance with planning.
How to process completed transactions
- The parties may negotiate to cancel the transaction and return the property.
- If a dispute arises, it is possible to request the Court to resolve it, but it will take a lot of time and money.
- The seller must complete the certification procedure before making the official transaction.
In addition, lawyer Truong Anh Tu also advised people to check the legality of the land such as asking the seller to provide full documents proving legal land use rights; Check the land use planning at the competent People's Committee or the Land Registration Office.
Comply with legal procedures: notarize and authenticate transfer contracts at competent authorities; Fully perform financial obligations (registration fees, personal income tax).
